Evicting Trespassers

The eviction of squatters, also referred to as trespassers, is governed by the procedure outlined in Part 55 of the Civil Procedure Rules 1998. This method is the most commonly used legal framework for recovering possession of property from individuals who occupy it without the owner’s consent. Designed to be quick and straightforward, it is an effective process for landlords seeking to remove trespassers from their property.

Who Can Be Evicted Under Part 55?

A possession claim against trespassers can only be brought against individuals who have entered and remained on the property without the permission of the owner or landlord. This procedure does not apply to tenants or subtenants whose tenancies have been lawfully terminated. If a tenant or occupier initially entered the property with the landlord’s consent, they cannot be classified as trespassers and must be evicted through other legal channels.

In many cases, the identities of the trespassers are unknown. In such situations, the proceedings are initiated against ‘persons unknown,’ allowing the claim to proceed without specific names.

The Procedure for Evicting Trespassers

The process for evicting trespassers does not require the landlord to provide any prior notice to the trespassers. A possession claim can be filed immediately in either the County Court or High Court to recover possession of the property. The steps include:

  1. Filing the Claim: The claim for possession must clearly state that the individuals occupying the property are trespassers who entered without consent.

  2. Hearing Date: A hearing is typically scheduled promptly, given the urgency of trespasser cases.

  3. Possession Order: If the court is satisfied, it will grant a possession order requiring the trespassers to vacate the property.

Enforcement of Possession Orders

Once a possession order has been granted, the next step is enforcement. If the trespassers fail to comply with the order, the landlord must obtain a warrant or writ for possession to enforce the order. Key points about enforcement include:

  • Role of Bailiffs or Enforcement Officers: Possession orders can only be enforced by court-appointed bailiffs or High Court enforcement officers. Private individuals or landlords are not permitted to carry out the eviction themselves.

  • Automatic Right to High Court Enforcement: When a possession order is granted against trespassers, landlords have an automatic right to escalate enforcement to the High Court. This often results in a faster and more efficient eviction process.

Key Considerations for Landlords

  • Ensure Correct Classification: It is crucial to confirm that the occupiers are indeed trespassers and not former tenants or licensees. Misclassification could lead to delays or dismissal of the claim.

  • Act Promptly: Trespasser cases are treated as urgent by the courts, so landlords should act swiftly to file their claims.

  • Seek Expert Advice: Navigating the legal framework for evicting trespassers can be complex. Professional guidance ensures compliance with the law and minimises delays.

Contact Landlord Advice UK for Support

If you need assistance with evicting trespassers or navigating the possession claim process, Landlord Advice UK is here to help. Our team provides expert legal advice and support for landlords, ensuring a smooth and efficient process. Contact us today to discuss your case and regain possession of your property quickly and lawfully.

 

 

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