Evicting Trespassers UK: Legal Routes for Owners (2026)

At a glance

• Civil trespass is not a criminal offence in itself — entering or remaining on land or in a building without the owner's consent is a matter for the civil courts, not the police, unless one of the specific exceptions below applies.
• Squatting in a residential building is a criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, punishable by up to 51 weeks' imprisonment, a fine, or both.
• Squatting in non-residential premises — a shop, warehouse, empty office, or agricultural building — remains a civil matter for the owner to resolve through the courts.
• A standard possession claim against trespassers under Part 55 of the Civil Procedure Rules needs only 5 days' notice of the hearing for residential premises (2 days for other land) — far shorter than the 21–28 days required for most other possession claims.
• An Interim Possession Order (IPO) can require trespassers to leave within 24 hours of service, but only if you apply within 28 days of first knowing about the occupation, and only for a building or land ancillary to one — not bare open land.
• You cannot lawfully use violence, or the threat of it, to force entry against someone on the premises who opposes your entry — that is itself a criminal offence under section 6 of the Criminal Law Act 1977, even where you are the legal owner.
• A tenant or licensee is not a trespasser, even after their tenancy or licence has ended — different, slower rules apply, and the trespasser and IPO procedures cannot be used against them.

What counts as trespass — and how squatting is different

Trespass, in civil law, happens when someone enters land or a building without the owner's consent, or stays after that consent has been withdrawn or has expired. It does not need to be deliberate — wandering onto private land by mistake is technically trespass — but the practical remedies in this guide are aimed at people knowingly occupying property that is not theirs.

Trespass on its own is a civil wrong, not a crime. The primary route to remove a trespasser is a claim through the civil courts, not a call to the police — a point that surprises many owners.

"Squatting" describes a narrower situation: a trespasser who is living, or intends to live, in a building. Since 1 September 2012, squatting in a building designed or adapted for use as a residence has been a specific criminal offence under section 144 LASPO 2012 (see below). Squatting in a non-residential building — a shop unit, warehouse, or outbuilding not designed as a home — is not covered by that offence and remains a civil matter, however long the occupation continues. Our guide on recovering property from unlawful occupiers or squatters covers the practical side of dealing with squatters in more detail.

Crucially, someone who was originally given permission to be on the property — a tenant, lodger, or licensee — does not become a "trespasser" for these purposes simply because that permission has since ended. Section 144(2) LASPO 2012 expressly states that the squatting offence is not committed by a person "holding over" after the end of a lease or licence, even if they leave and re-enter the building. That distinction matters throughout this guide and is covered in detail below.

The criminal offence of squatting in a residential building

Under section 144(1) LASPO 2012, a person commits an offence if they are in a residential building as a trespasser having entered it as a trespasser, they know or ought to know they are a trespasser, and they are living in the building or intend to live there for any period. "Residential building" is defined broadly — it includes any structure or part of a structure, including a temporary or movable one, provided it was designed or adapted for use as a place to live before the person entered (section 144(3)).

The offence carries a maximum penalty on summary conviction of imprisonment for up to 51 weeks, a fine, or both (section 144(5)). Because it is a criminal offence, the police have the power to enter the building to arrest a suspect — section 144(8) inserted a specific power of entry for this purpose into section 17 of the Police and Criminal Evidence Act 1984.

Two limits are worth noting. First, the offence does not apply to someone holding over after a lease or licence has ended (section 144(2)) — that remains a civil possession matter, not a criminal one. Second, it only applies to buildings that were designed or adapted as a residence before the trespasser entered — squatting in a commercial unit does not trigger section 144, even though it may raise other issues such as damage to the property.

When the police will (and won't) act

Because ordinary civil trespass is not a crime, the police generally will not remove trespassers from commercial premises, farmland, or other non-residential property — the owner has to bring a civil claim. There are two specific, narrower exceptions.

The first is the section 144 offence described above: if someone is living, or intends to live, in a residential building as a trespasser, the police can arrest and remove them.

The second is a targeted power under section 61 of the Criminal Justice and Public Order Act 1994, aimed principally at unauthorised encampments. It applies only where a senior police officer reasonably believes that two or more people are trespassing on land with the common purpose of residing there for any period, that the occupier has taken reasonable steps to ask them to leave, and that either the trespassers have caused damage, disruption, or distress, or that they have six or more vehicles on the land between them. Where those conditions are met, the officer can direct the trespassers to leave and to remove their vehicles and property. Knowingly failing to leave as soon as reasonably practicable, or returning as a trespasser within three months of the direction, is itself an offence, carrying up to three months' imprisonment or a fine.

Outside these two situations — a single trespasser on farmland, a group occupying an empty commercial unit without living there, a boundary dispute — the police have no general power to remove people, and the owner needs the civil possession procedures set out below.

The limits of self-help: why you can't just remove people yourself

It is tempting, especially when the trespass is recent and obvious, to simply remove the people yourself, or change the locks while they are out. Both carry real legal risk.

Under section 6 of the Criminal Law Act 1977, it is a criminal offence to use or threaten violence for the purpose of securing entry to premises where someone is present who opposes that entry, and you know it. "Violence" for these purposes includes violence against property — breaking a door or window counts — as well as violence against a person. Critically, this offence applies even to a genuine owner acting against a genuine trespasser: being the rightful owner is not a defence to section 6. It is a summary-only offence, carrying up to six months' imprisonment, a fine not exceeding level 5 on the standard scale, or both.

At common law, an owner (or someone acting for them) can use reasonable and proportionate force to prevent a trespasser entering in the first place. That is narrower than it sounds — it does not extend to forcibly ejecting someone who has already settled into occupation, which risks allegations of assault, criminal damage, or affray, on top of the section 6 offence.

There is one narrow statutory exception worth knowing about. Under section 7 of the Criminal Law Act 1977, it is an offence for a trespasser to fail to leave premises when required to do so by a "displaced residential occupier" — broadly, someone who was living in the property immediately before being excluded by a trespasser — or by a "protected intending occupier" who holds the right paperwork. This gives certain owners (typically homeowners locked out of their own home, or purchasers about to move in) a criminal offence to report to the police even outside the section 144 squatting offence. It does not give the owner any extra right to use force personally — it is still enforced by the police.

Given these risks, the reliable route for most owners is the civil court process described below, backed by enforcement officers rather than self-help.

Trespasser, tenant, or licensee? Getting the distinction right

Not everyone occupying your property without your current agreement is a trespasser in the legal sense used in this guide, and getting this wrong can derail a claim.

A genuine trespasser has never had permission to be there, or occupies under a title or licence derived from someone who was themselves a trespasser (treated the same way under section 12(6) of the Criminal Law Act 1977). A tenant or licensee — someone given permission to occupy by the owner or a person entitled to grant it — is not a trespasser, even once that tenancy or licence has ended and they are refusing to leave. This matters in three concrete ways:

• The Interim Possession Order procedure cannot be used against them. Rule 55.21(2) of the Civil Procedure Rules expressly bars an IPO application against anyone who entered or remained with the consent of a person who, at the time consent was given, had an immediate right to possession.
• The section 144 squatting offence does not apply to them. Section 144(2) LASPO 2012 excludes a person holding over after the end of a lease or licence, however long the overstay continues.
• The Protection from Eviction Act 1977 generally still protects them. Section 3 makes it unlawful to enforce a right to recover possession of residential premises let under an ended tenancy other than through court proceedings. A small set of licences are excluded from that protection under section 3A — most relevantly here, a licence granted "as a temporary expedient" to someone who originally entered as a trespasser, which is the one point where the two categories deliberately overlap.

In practice: if the person occupying your property was ever given permission by someone entitled to grant it, treat it as a tenancy or licence issue and use the possession route that matches that type of agreement — not the trespasser or IPO procedures described below.

The standard route: a possession claim against trespassers

Where the occupier is a genuine trespasser, the usual route is a possession claim under Section I of Part 55 of the Civil Procedure Rules. The claim is issued on form N5, with particulars of claim on form N121, at the County Court covering the property's location.

The particulars of claim must state the claimant's interest in the land (or the basis of the right to claim possession) and the circumstances in which the property has been occupied without licence or consent. Where the occupiers' names are unknown, the claim can be brought against "persons unknown" — the claimant provides stakes and transparent envelopes so the court can affix the claim documents to the property itself, alongside evidence such as photographs confirming service.

A significant practical advantage of the trespasser procedure is speed: the defendant only needs to be served 5 days before the hearing for residential property, or 2 days for other land — compared with the 21 to 28 days' minimum notice required for most other possession claims. That reflects the fact that trespassers, unlike tenants, have no contractual notice period to rely on.

The fast-track route: Interim Possession Orders

For a narrower set of cases, Section III of Part 55 offers a much faster Interim Possession Order (IPO) procedure. Three conditions must all be met: the only claim is a possession claim against trespassers; the claimant has had an immediate right to possession throughout the period of alleged unlawful occupation; and the application is made within 28 days of the date the claimant first knew, or ought reasonably to have known, that the occupier was there. As already noted, an IPO cannot be sought against anyone who entered with the consent of a person who had an immediate right to possession at the time.

The claim form is form N5, the application for the order is form N130, and the defendant's response is form N133. Once issued, the claimant must serve the documents within 24 hours, and the hearing of the application takes place as soon as practicable but not less than 3 days after issue. If the court is satisfied the conditions are met, it makes the IPO, requiring the defendant to vacate within 24 hours of service of the order. The order must itself be served within 48 hours of being sealed, and the court sets a further hearing of the underlying possession claim for not less than 7 days after the IPO is made — the IPO expires at that hearing.

Remaining on the premises as a trespasser during the currency of an IPO is a separate criminal offence under section 76 of the Criminal Justice and Public Order Act 1994, unless the person leaves within 24 hours of service. Re-entering as a trespasser after the order expires, within one year of service, is also an offence. A defendant who has already left the premises can apply on grounds of urgency to have the IPO set aside before the main hearing.

One important limitation: "premises" for IPO purposes takes the same meaning as in the Criminal Law Act 1977 — a building, part of a building, or land ancillary to a building. Bare open land with no building on it falls outside the IPO procedure, so a trespass confined to open farmland or a field needs the standard Section I claim instead.

Worked example: a commercial unit occupied over a weekend

A business owner discovers on a Monday morning that a group occupied an empty commercial unit she owns since Friday evening, changing the locks and moving in furniture. She has owned the unit throughout, no one has ever had her permission to be there, and it is a single building rather than open land — so the three IPO conditions are capable of being met, provided she applies within 28 days of the Monday she discovered the occupation. She issues form N5 with an application on form N130. The court lists the hearing within a few days and, satisfied the conditions are met, makes the IPO. Once served, the occupiers must leave within 24 hours or commit the separate offence under section 76 CJPOA 1994.

Contrast that with a landowner who discovers, several months after the fact, that someone has been living in a caravan permanently sited on a corner of a large field. The 28-day window has long passed, and the location may not clearly count as "premises" for IPO purposes — the standard Section I possession claim against trespassers is the correct route, even though it takes longer to reach a hearing.

Enforcing a possession order

If the occupiers do not leave voluntarily once a possession order is made — whether from a standard claim or after an IPO hearing — the claimant applies for a warrant of possession in the County Court, instructing County Court bailiffs to enforce it. Alternatively, the order can be transferred to the High Court for enforcement by High Court Enforcement Officers using form N293A, which is often faster for larger sites or where further trespass is likely, though it costs more (check current court fees on GOV.UK).

What to do if you find trespassers on your property

1. Do not use force, and do not change the locks while anyone is inside. Both risk criminal liability under section 6 of the Criminal Law Act 1977, even though you are the owner.
2. Work out whether they are a trespasser or a former tenant/licensee. If they, or anyone they derive occupation from, ever had your permission (or the permission of someone entitled to grant it), the trespasser and IPO procedures do not apply — use the correct tenancy or licence route instead.
3. Gather evidence immediately. Title documents from HM Land Registry, dated photographs of the occupation, the date you first became aware of it, and details of anyone you can identify.
4. Check whether a criminal route applies. Contact the police if the property is a residential building and people are living there (section 144 LASPO 2012), or if it is a group encampment meeting the section 61 CJPOA 1994 conditions.
5. Decide between a standard trespasser claim and an IPO. An IPO is only available within 28 days of discovering the occupation, for a building or land ancillary to one, and never against someone who occupied with prior consent — otherwise use the standard Section I claim.
6. File the correct forms at the County Court covering the property's location — N5 and N121 for a standard claim, or N5, N130, and N133 for an IPO.
7. Take advice early if anything is contested — disputed ownership, uncertainty over whether an occupier had permission, or resistance that could turn confrontational are all good reasons to speak to a legal adviser before acting.

This guide provides general information about removing trespassers from property in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 · Next review due: August 2027 or on legislative change.