Squatters in Rental Property UK 2026 — Landlord Legal Guide

LASPO 2012 Section 144 — the criminal offence

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 made squatting in residential buildings a criminal offence:

• What Section 144 makes criminal: A person commits an offence if they are in a residential building as a trespasser — having entered as a trespasser — and they know or ought to know that they entered as a trespasser, and they are living in the building or intend to live there for any period. The offence covers houses, flats, and any building designed or adapted for use as a place to live
• Penalty: On summary conviction, Section 144 carries a maximum sentence of 51 weeks' imprisonment, a fine (unlimited in the magistrates' court), or both. In practice, police often use the threat of arrest and removal under Section 144 to persuade squatters to leave voluntarily without charging them
• Police powers: Where Section 144 applies, police have the power (and duty) to arrest squatters and remove them from the property. Landlords discovering squatters in a residential property should call the police immediately and invoke Section 144 — giving the police the address, evidence that the property is residential (council tax records, previous tenancy agreements, building plans), and evidence that the landlord (or their company) is the owner or has the right to possession
• Commercial buildings — Section 144 does not apply: Section 144 applies only to residential buildings. Squatters in a commercial building (shop, office, warehouse, factory) cannot be arrested under Section 144. For commercial squatters, the landlord must use the civil court process (Interim Possession Order or standard possession order). The Criminal Law Act 1977 provisions on forcible entry also apply (see below)
• Section 6 Criminal Law Act 1977 — no forcible entry: Even for commercial squatters (where Section 144 does not apply), a landlord cannot use force or threats of violence to remove squatters where the squatters are present in the building and opposing entry. Section 6 of the Criminal Law Act 1977 makes it a criminal offence for any person (including the owner) to use or threaten violence to secure entry to premises where they know a person is present inside who opposes entry. This applies regardless of whether the owner has a legal right to enter

Interim Possession Order (IPO) — fast-track court removal

Where Section 144 does not apply, or where police decline to act, the Interim Possession Order is the fastest civil court remedy:

• What an IPO is: An Interim Possession Order is a court order (under CPR Part 55.20-55.28) that, if granted, requires squatters to vacate the property within 24 hours of service. Failure to comply with an IPO, or re-entering the property within 12 months, is a criminal offence — which again brings police involvement. The IPO process is designed to be faster than a standard possession order
• 28-day application window: The IPO route is only available where the landlord applies to the court within 28 days of the date on which they first knew (or ought to have known) that squatters were in occupation. If more than 28 days have elapsed since the landlord became aware of the squatters, the IPO route is unavailable and a standard possession order must be sought instead. Speed is therefore critical — landlords should apply immediately on discovering squatters
• Application process: The landlord applies to the county court using Form N130 (application for IPO). The application must be supported by a witness statement and must give the squatters 24 hours' notice of the application hearing. The court must hold a hearing within 3 working days of the application. If granted, the IPO must be personally served on the squatters — and service must be witnessed
• Conditions for grant: The court will grant an IPO if: (a) the applicant has an immediate right to possession; (b) the applicant had possession immediately before the squatters entered; (c) the squatters entered as trespassers (not as tenants or licensees); and (d) an IPO was applied for within 28 days. The court does not assess the merits of the squatters' case at the IPO stage — the IPO is granted almost automatically if the conditions are met
• Final possession order: The IPO is followed by a full hearing for a final possession order (usually within a few weeks). At the final hearing, the squatters have the opportunity to contest possession — but in practice, having been required to vacate within 24 hours of the IPO, most squatters do not return to contest the final order

Standard possession order — when IPO is unavailable

Where the 28-day IPO window has passed, or where squatters contest the IPO conditions, a standard possession order is required:

• CPR Part 55 trespasser claim: A standard possession order for trespassers is made under CPR Part 55. The landlord files a claim form (Form N5) with the county court and a supporting witness statement. The court fixes a hearing date — typically 4-8 weeks after filing. The squatters are served with the claim
• Trespasser vs tenancy claims: Trespasser possession claims (against squatters) are listed more quickly than tenancy possession claims (against former tenants) — because there is no mandatory pre-action protocol for trespasser claims. Standard residential tenancy possession claims require compliance with the pre-action protocol and have longer notice periods
• Named and unnamed defendants: Where the landlord does not know the names of all squatters, the claim can be brought against 'persons unknown' in addition to any named individuals. The claim form should describe the property and the category of person (e.g., 'all persons unlawfully in occupation of [address]'). Service by posting on the property is permitted where personal service is impracticable
• Warrant of possession: Once the possession order is granted (typically at the first hearing, if uncontested), the landlord must apply for a warrant of possession (Form N325) to have bailiffs physically remove any remaining squatters. County court bailiffs execute the warrant — attendance by the landlord is advisable to change locks immediately after eviction
• Costs: Court fees for a possession claim include the claim form fee and the warrant fee. Solicitor costs for an uncontested squatter possession claim are typically £800-£2,000 plus VAT and court fees. Using a specialist property litigation solicitor is advisable to ensure the claim is correctly structured and served

What landlords must NOT do — illegal eviction

Taking direct action against squatters without a court order risks criminal prosecution:

• Protection from Eviction Act 1977 — applies even to squatters: The Protection from Eviction Act 1977 (PfEA) protects residential occupiers from harassment and unlawful eviction — and the courts have interpreted 'residential occupier' broadly. While squatters do not have a tenancy, the PfEA creates risks for landlords who harass or unlawfully evict persons claiming to occupy a property as a home. The safest approach is always to use the police (where Section 144 applies) or the court process
• Do not change the locks while squatters are present: Changing locks when squatters are in the property (or in a way that prevents their access) without a court order may constitute unlawful eviction or harassment under the PfEA. Wait until the squatters have vacated (following the IPO or Section 144 police removal) before changing locks. Once the property is vacant, change all locks immediately
• Do not disconnect utilities: Disconnecting gas, electricity, or water to a property where squatters are living could constitute harassment under the PfEA. Do not interfere with utility supplies as a means of forcing squatters out
• Do not threaten or intimidate: Any form of threat, intimidation, or physical confrontation directed at squatters risks criminal liability under both the PfEA and Section 6 of the Criminal Law Act 1977. All contact with squatters should be through solicitors or via formal legal process
• Document everything: From the moment squatters are discovered, the landlord should document: the date of discovery, how discovery was made, what evidence exists of ownership and prior possession (tenancy agreements, council tax records, utility bills, photos), and all subsequent correspondence and actions. This documentation is essential for both the Section 144 police route and any court proceedings

Adverse possession — the long-term risk of neglected properties

Squatters who remain undisturbed for a long period can potentially claim title to the property:

• What adverse possession is: Adverse possession is a legal principle under which a person who has been in open, exclusive, and continuous possession of land for a sufficient period without the owner's consent can apply to be registered as the owner. The doctrine is sometimes known as 'squatter's rights' — though the term is misleading, since the process is formal and the time periods are long
• Land Registration Act 2002 — registered land: For registered land (the vast majority of UK property), a squatter can apply to be registered as owner after 10 years of adverse possession. However, the Land Registry must notify the registered owner, who then has 2 years to object and/or take possession proceedings. If the owner objects within 2 years, the squatter's application fails and the owner has 2 years to take possession — during which period the squatter cannot reapply. This significantly limits the risk for attentive landlords with registered property
• Unregistered land — 12-year limitation period: For the small proportion of UK land that is unregistered (no title register), the old Limitation Act 1980 rules apply. A squatter who has been in adverse possession for 12 years acquires title — there is no notification mechanism. Unregistered land is at significantly higher risk of adverse possession claims
• Practical risk for landlords: The adverse possession risk is most acute for landlords who own property that has been vacant for many years and that they have not actively monitored or managed. A vacant development site, a derelict building, or an inherited property that has sat empty for a decade are all at risk. Landlords should inspect all vacant properties at least quarterly and take immediate action when squatters are discovered — a 10-year adverse possession clock should never be allowed to run
• Register all property at Land Registry: Any landlord who owns unregistered land should apply to register it voluntarily at Land Registry (a first registration application). First registration gives the protection of the 2-year notification system and significantly reduces adverse possession risk

Frequently asked questions