Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Finding strangers living in a property you own is one of the most stressful situations a landlord or owner can face. The law in England and Wales treats residential squatting differently from squatting in commercial or non-residential buildings, and the route you take to recover possession depends heavily on which category your property falls into.
Act too quickly or use the wrong method, and you can find yourself on the wrong end of a criminal or civil claim, even though you are the rightful owner. This page walks through what counts as squatting, what rights unlawful occupiers actually have, and the lawful options open to you for getting your property back.
It is written for owners, landlords and managing agents who need a clear picture before deciding what to do next.
Overview
Squatting generally means occupying land or a building without any legal right to be there and without the owner's consent. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force, squatting in a residential building became a specific criminal offence under section 144, which opens the door to police involvement in a way that was not previously available.
Squatting in commercial or non-residential property, however, remains primarily a civil matter, and owners usually have to recover possession through the courts. You should also be aware of older rules under the Criminal Law Act 1977, particularly the offence of using violence to secure entry while someone is inside opposing that entry, which is why owners cannot simply force their way in and physically remove occupiers.
Distinguishing between a squatter, a former tenant who has overstayed, and a licensee whose permission has ended matters a great deal, because each category has its own eviction route and timescale.
Key steps
Confirm the status of the occupier. Before doing anything else, work out whether the people in the property are true squatters (entered without any permission), former tenants holding over after a tenancy ended, or licensees whose permission has been withdrawn. The correct legal route differs significantly for each, and getting this wrong can delay recovery by weeks or months.
Gather evidence and secure the perimeter where lawful. Document the occupation with dated photos, note any damage, and keep copies of any correspondence or notices posted at the property. If parts of the building or site are still accessible and unoccupied, you may take reasonable steps to secure those areas, but you must not use force against anyone inside.
Contact the police for residential premises. Where the property is a residential building and the occupiers entered as trespassers, the police have powers to arrest under section 144 of the 2012 Act. Report the situation, provide proof of ownership, and ask them to attend. Police response can vary in practice, so be prepared to pursue civil remedies in parallel.
Apply for a possession order through the civil courts. For commercial property, or where police decline to act, the standard route is a claim for possession against trespassers in the County Court or High Court. This is usually made using the Part 55 procedure and, in urgent cases, can produce a hearing within days rather than weeks. A court order gives you the authority to have the occupiers removed lawfully.
Enforce the possession order with bailiffs or HCEOs. Once you have an order for possession, enforcement is carried out by County Court bailiffs or, if the claim is transferred up, High Court Enforcement Officers. Do not attempt to remove occupiers yourself after the order is made, enforcement must be done through authorised officers to avoid criminal liability for the owner.
Squatting in a residential building is a criminal offence in England and Wales under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Squatting in commercial or non-residential property is not usually a criminal offence in itself, so owners of those buildings generally have to pursue possession through the civil courts rather than relying on the police.
Q Can I just change the locks and throw squatters out?
No. Using or threatening violence to secure entry while someone is inside opposing that entry can itself be a criminal offence under the Criminal Law Act 1977. Even though you are the owner, physically removing occupiers without a court order exposes you to serious legal risk. The safer and lawful route is to involve the police (for residential) or obtain a possession order through the court.
Q How long does it take to evict squatters through the courts?
For trespassers, the Part 55 possession procedure is designed to be relatively quick, and in urgent cases a hearing can be listed within a matter of days. The full timeline, including enforcement by bailiffs, typically runs from a couple of weeks to a few months depending on court availability, whether the occupiers contest the claim, and how quickly enforcement can be arranged.
Q Do squatters have any legal rights?
Yes, but fewer than many owners fear. Occupiers cannot be subjected to violence, and eviction must follow the proper legal process. In very limited long-term situations, adverse possession rules can give occupiers a right to claim title, though the thresholds for registered land are strict and rarely met in practice. Human rights arguments are occasionally raised but rarely succeed against a rightful owner.
Q What is the difference between a squatter and an overstaying tenant?
A squatter enters without any permission at all. An overstaying tenant originally had a tenancy or licence which has since ended but continues to occupy. The distinction matters because overstaying tenants cannot be removed using the trespasser possession route, they require the appropriate tenancy-ending procedure, such as a section 21 or section 8 notice under the Housing Act 1988, followed by possession proceedings.
Q Can squatters claim ownership of my property?
Adverse possession is possible in narrow circumstances, but for registered land in England and Wales the rules under the Land Registration Act 2002 make it very difficult. An occupier generally needs at least ten years of continuous, exclusive occupation and must apply to the Land Registry, which notifies the registered owner and gives them the chance to object. Most claims fail once the owner is alerted.
Q Should I involve a solicitor or go it alone?
For straightforward residential cases handled by the police, many owners manage without legal help. For commercial premises, disputed occupations, or situations involving former tenants, professional support is usually worthwhile because the procedure is technical and mistakes can be costly. An experienced adviser can help you think through which route fits your situation before you commit to one.
Unsure which eviction route applies to your property?
Recovering possession from squatters or unlawful occupiers depends on whether the property is residential or commercial, and on the exact status of the people inside. An experienced legal adviser can help you think through the options based on what you describe on the call, so you know which route fits before spending money on court fees or enforcement.
✓A plain-English explanation of the eviction routes open to you based on what you describe
✓Practical perspective on whether police involvement or a civil claim is the better starting point
✓What to watch out for before attempting any self-help or lock-change
✓Clarity on likely timescales and next steps for your specific situation
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.