How to remove squatters: a guide for residential and commercial landlords

What is a squatter?

A squatter is someone who enters and occupies your property without your permission or legal right to be there.

However, it’s important to realise that not everyone living in your property without paying is considered a squatter. If someone originally had your permission to be there, they’re not legally classified as a squatter.

This means that the following people are NOT squatters:

Tenants who’ve stopped paying rent

Tenants who refuse to leave after their tenancy ends

Anyone you initially gave permission to enter the property

This distinction matters because you can’t use fast-track squatter-removal procedures in these situations. Instead, you’ll need to follow the correct eviction process for tenants. Using the incorrect legal route could delay your ability to regain possession of your property.

A real-world example

You’ve been renting out a residential property to a tenant on a rolling contract. After six months, they stop paying rent and refuse to leave. Despite the fact that they’re now living there without paying, they’re still legally your tenant. In this case, this means you’ll need to follow the proper eviction process (Section 8 from 1st May 2026 onwards, after Section 21 ‘no-fault’ evictions have been abolished). You won’t be able to use squatter removal procedures.

However, if you discover someone has broken into your buy-to-let property, which is empty between tenancies, and they are now living there without permission, that person is a squatter, and you have different legal options available to reclaim possession of your property.

Further information can be found here: Squatting and the law (GOV.UK)

Squatters in a residential property

Since 2012, squatting in residential property has been a criminal offence in England.

Thanks to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), anyone who enters a residential building as a trespasser and lives there (or intends to live there) can face:

Up to six months in prison
A £5,000 fine
Or both

If you find squatters in your residential property, call the police. Explain that someone broke in and is occupying it illegally. Police may arrest and remove them without a court order if satisfied it's a squatting offence.

If you get the police involved, they will want to check that:

The property is genuinely residential (not commercial)
The occupants are truly squatters (they haven’t previously had your permission to be there)
You are the legal owner of the property or have the authority to act

For these reasons, it’s wise to have proof at hand, such as title deeds, mortgage statements, or a letter from your letting agent. Squatters can be well-versed in the law and may claim they’re tenants with a verbal agreement, or that they have paperwork proving their right to be there. The clearer your evidence to the contrary, the faster the police can act.

There’s one exception worth noting: if the squatters entered the property as tenants initially (perhaps through a fraudulent letting scam) and then refused to leave, the police may treat it as a civil tenancy matter rather than criminal squatting. In these situations, you may still need to pursue a court order.

Squatters in a commercial property

Squatting in non-residential buildings such as offices, warehouses, shops, or industrial units is not normally a criminal offence and is treated as a civil matter. This means the police typically won’t get involved to remove them.

However, squatters can still commit criminal offences while squatting in commercial property. Damaging the building to get in, stealing equipment, fly-tipping, or causing criminal damage are all arrestable offences. If you can demonstrate that these crimes have occurred, the police may get involved.

For straightforward cases where squatters have occupied your empty commercial building but haven’t caused obvious damage, you’ll need to go through the courts to regain possession. There are two ways to do this – via an Interim Possession Order or a Standard Possession Order.

Interim Possession Order (IPO)

If you act quickly, you can use an Interim Possession Order (IPO) (in England). This is the fastest legal route to remove squatters from commercial property. But, there’s a strict deadline: you must apply within 28 days of when you first knew (or reasonably ought to have known) about the squatters.

This is the process for gaining an IPO:

Complete Form N130 (Application for IPO) and Form N133 (Witness Statement)

File them with your local County Court along with the court fee (£404, since April 2025).

Wait for the court to process your application – a judge will usually consider the IPO application without a full trial, often within a few days.

You serve the application paperwork on the squatters within 24 hours of the court issuing it.

If the IPO is granted, you serve the Order (within 48 hours of it being made).

Squatters must leave within 24 hours of being served with the Order.

Squatters who refuse to leave face criminal charges (up to 6 months in prison and/or a fine).

The IPO also prevents squatters from returning to the property for 12 months. Anyone who re-enters during this period commits a criminal offence.

Standard Possession Order (SPO)

If it’s been more than 28 days since you discovered the squatters, you’ll need to make a standard possession claim instead.

This is the process for gaining an SPO:

You complete Form N5 (Claim for Possession) along with Form N121 (Particulars of Claim for Trespassers).

You need a court hearing. An SPO always requires a court hearing. The court will serve the papers on the squatters and set a hearing date, typically within four to eight weeks.

You need evidence showing your right to possession and that the occupants are trespassers.

The possession order. If the judge grants a possession order, the squatters will have 14 days to leave your property.

Enforcement. If the squatters don’t leave by the 14-day deadline, you must apply for a Warrant of Possession by completing Form N325. If granted, it authorises County Court Bailiffs to evict the squatters. If you prefer, you can apply to transfer the case to the High Court for faster enforcement by High Court Enforcement Officers (HCEOs).

Insurance for unoccupied commercial property

Many commercial landlords don’t realise their standard commercial property insurance may not cover damage caused by squatters, particularly if the building has been empty for longer than the period specified in their policy (often 30-60 days).

You can solve this problem by taking out unoccupied property insurance. Policies can protect you against the cost of damage caused during a break-in, as well as vandalism and theft by squatters. Most policies will have certain conditions you must comply with, such as removing waste, disconnecting utilities, securing the property, and making regular inspections.

If you currently have standard commercial property insurance, ensure you review your policies to confirm the maximum term the policy will cover you for when unoccupied.

How much does it cost to evict squatters?

For residential property owners, if the police have removed the squatters on your behalf, the costs are lower and will mainly be for the cost of any clean-up and repairs required to the property.

In other cases, eviction costs can increase quickly, particularly if you’re dealing with a commercial property or the squatters are disputing the eviction.

Some of the costs you can expect include:

Court fees

Interim Possession Order. £404 (County Court fee as of 2025)

Standard possession claim. £404. It may also require a £148 warrant fee if the squatters don’t leave.

Civil Court fees can change; you can check current fees here.

Legal fees

Many commercial landlords use a solicitor to ensure the relevant forms are completed accurately.

IPO process. Expect to pay £1,500 – £2,500 for a solicitor to manage the application, witness statements, and service of papers.

Contested SPO claim. If the squatters claim “rights of occupation” or human rights defences, fees can increase to £3,500 – £7,000+, due to multiple hearings.

Bailiff fees

Once you have a court order, you may need to hire bailiffs to remove squatters who refuse to leave. Typical costs are as follows.

County Court bailiffs. Included in the £148 warrant fee.

High Court Enforcement Officers (HCEOs). These are more expensive, and costs can range from hundreds to thousands of pounds, depending on the number of squatters, the property type and size, anticipated resistance and whether specialist equipment is needed.

Clean-up and repair costs

Once squatters have been evicted, you may also face the cost of:

Securing the property after eviction

Repairing damage caused during the squatters’ occupation

Cleaning and restoring the property to a usable condition

Disposing of belongings and detritus left behind

Unfortunately, these costs can easily run into thousands of pounds, especially for large and severely damaged properties.

Why landlord legal expenses insurance matters

Landlord legal expenses insurance can be a valuable safety net if you need to remove squatters. It typically covers:

Court fees for possession claims

Solicitor costs (up to the policy limit)

Representation at court hearings

For a relatively small annual premium, you can protect yourself from legal bills running into thousands.

Policies also provide legal advice on a range of topics and assist with the Section 8 notice process for the eviction of tenants of residential properties.

Do squatters have ‘rights’?

Yes, but only in very specific circumstances and after a long time.

The concept of “squatters’ rights” refers to adverse possession – the legal principle that someone can eventually claim ownership of land or property they’ve occupied continuously without the owner’s permission.

The 10-year rule (or 12-year rule)

In England and Wales, squatters can apply to become the registered owner of a residential or commercial property if they meet strict criteria:

They’ve occupied the property continuously for ten years (if the land is registered with HM Land Registry), or 12 years (if the land is unregistered)

They’ve acted as the owner throughout that time (maintained it, made improvements, used it exclusively)

The occupation was open and obvious (not hidden)

The legal owner never gave permission

The legal owner did nothing to stop them during that entire period

If a squatter applies for adverse possession, HM Land Registry will notify the registered owner. The owner then has the opportunity to object.

Why does this situation rarely happen?

Modern landlord scenarios almost never result in successful adverse possession claims because:

Properties are inspected regularly. Most landlords (or their letting/managing agents) check their properties far more often than once every 10 years – most residential and commercial landlord insurance policies will specify how often properties must be inspected for the policy to remain valid.

Squatters are discovered quickly. In residential areas, especially, neighbours or letting agents typically notice occupation within weeks or months.

Legal action is taken. Once squatters are discovered, landlords take action to remove them, thereby breaking the continuous occupation requirement.

Registered land protection. Since 2002, registered landowners have received notification of adverse possession applications, making it almost impossible for squatters to succeed without the owner knowing.

The adverse possession rule is more likely to succeed for genuinely abandoned land (empty plots, derelict sites) that owners have completely forgotten about for more than a decade. For more information on adverse possession, see the official Land Registry guidance at GOV.UK.

How to prevent squatters

When it comes to problems with squatters, prevention is always cheaper and less stressful than eviction. Here are some practical steps that will help you protect your property:

Physical security

Install robust locks on all doors and windows

Secure all entry points (including basement windows, fire escapes, and roof access)

Board up windows if a property will be empty for a long time (check planning requirements before you do this)

Install security lighting, such as motion-activated lights

Repair fencing and gates

Use security systems – such as alarms, CCTV or monitored security

Make the property appear occupied

Squatters target properties that are obviously empty. You can make yours appear occupied by:

Use timer switches on lights to create the impression someone’s in the property

Keep grounds and gardens maintained

Ensure mail is collected regularly

Keep curtains or blinds partially open – fully closed curtains day and night suggest emptiness

Park vehicles near the property – if you have off-street parking, leave a car there periodically

Inspect the property regularly

Visit your property weekly if it’s empty. This is essential because if you discover squatter within seven days, it gives you plenty of time to file for an IPO and get them out quickly. Your insurance policy will also normally require the property to be inspected regularly (check your policy terms for the exact frequency).

Conduct thorough internal inspections.

Document each visit by taking photos, noting the date and recording any concerns

Respond immediately to signs of entry and fix broken locks, disturbed windows, or other problems.

Insurance protection

Finally, ensure you have appropriate cover in place:

Unoccupied property insurance for residential properties left empty between tenants or during renovations for more than 30 days

Unoccupied commercial property insurance for business premises awaiting new occupants or redevelopment for more than 30 days

Landlord legal expenses insurance to cover the cost of eviction proceedings and repossession

Standard property insurance often excludes cover or significantly restricts protection after your property has been empty for 30-60 days.

Make sure you have the right insurance

Even with the best care in the world, your property may be taken over by squatters. When this happens, the financial impact can be huge, running to thousands of pounds in legal fees, months of lost rental income, and significant damage to the building.

This is why protecting yourself with the right insurance is essential. At Alan Boswell Group, we understand the challenges landlords face and offer comprehensive cover tailored to your needs:

Unoccupied property insurance for residential properties sitting empty
Commercial property insurance for business premises, including insurance for commercial unoccupied premises
Specialist landlord legal expenses insurance to protect against eviction costs

Need help with your insurance?

If you have a question regarding the insurance for your rental property or need a quote, we’re happy to help.

Speak to us: 01603 216399

How to remove squatters: a guide for residential and commercial landlords

In this article

In this article

What is a squatter?

A real-world example

Squatters in a residential property