LASPO 2012 Section 144 — the criminal offence
- Section 144 makes squatting in a residential building a criminal offence: a person who enters as a trespasser and lives or intends to live in a residential building commits an offence
- Penalty: maximum 51 weeks' imprisonment, unlimited fine, or both on summary conviction
- Police powers: police can arrest residential squatters and remove them under Section 144 — call police immediately and cite Section 144
- Does not apply to commercial buildings: squatters in offices, shops, or warehouses cannot be arrested under Section 144 — civil court process required
- Section 6 Criminal Law Act 1977: no one (including the owner) can use or threaten force to enter premises where a person is present opposing entry — even against squatters
Do not take direct action
Changing locks, disconnecting utilities, or threatening squatters without a court order risks criminal prosecution for illegal eviction under the Protection from Eviction Act 1977 — even against squatters. Always use police (Section 144) or the court process.
Interim Possession Order — fast-track court removal
- IPO requires squatters to vacate within 24 hours of service — failure to comply or re-entry within 12 months is a criminal offence
- 28-day application window: the IPO route is only available within 28 days of the landlord first knowing about the squatters — act immediately
- Application: Form N130 to the county court, supported by witness statement, with 24 hours' notice to squatters
- Court hearing within 3 working days: IPO granted almost automatically if conditions met — applicant has immediate right to possession, squatters entered as trespassers
- Final possession order: full hearing follows the IPO, typically within a few weeks, for a permanent order
Standard possession order — when IPO is unavailable
- CPR Part 55 trespasser claim: where 28-day IPO window has passed, a standard possession order is sought via Form N5
- Faster than tenancy claims: no mandatory pre-action protocol for trespasser claims — listed more quickly than tenancy possession claims
- Named and unnamed defendants: claim can be brought against 'persons unknown' where squatter names are not known
- Warrant of possession: after the order, apply for Form N325 to have bailiffs physically remove remaining squatters
- Document everything: date of discovery, evidence of ownership, photos, correspondence — essential for both police route and court proceedings
Adverse possession — the long-term risk
- Registered land (LRA 2002): squatters can apply after 10 years' adverse possession — Land Registry notifies the owner, who has 2 years to object and take possession proceedings
- Unregistered land: 12-year limitation period under the Limitation Act 1980 — no notification mechanism, significantly higher risk
- Practical risk: most acute for landlords with neglected vacant property left unmonitored for years — inspect all vacant properties at least quarterly
- Voluntary first registration: landlords with unregistered land should register at Land Registry to gain the 2-year notification protection