Q My mother lets a room in her house to someone. He has stopped paying the rent and refuses to leave. Is that person a squatter?

A No. The essential characteristic of a squatter is someone who knowingly enters a residential building as a trespasser and lives there or intends to live there. A squatter enters without permission. If a person has permission to enter and stays longer than wanted he is not a squatter.

Q Is it true that you could go on holiday and find yourself stuck with squatters on your return? What could you do to get them out?

A No. It has never been the law. Someone who is displaced from their home has always had the right to use reasonable force to secure re-entry and the law has recently been “beefed up” to make squatting in residential buildings – that is a flat or a house – illegal and it can lead to six months in prison or a £5,000 fine or both. Police are authorised to evict any squatters in these circumstances and there is no need to go to court to get a court order.

Q How do you get squatters out of non-residential property?

A If you own the property that is being squatted you can use a very fast procedure at the court called an Interim Possession Order to get the property back. If you follow the right procedure you can usually get one issued by the court within a few days.

Q Does this mean ‘Squatter’s Rights’ have disappeared and it is no longer possible for someone to gain ownership of the property because they have lived or used it for a long period of time?

A No. Prior to 2002, a squatter could acquire the right to be registered as the proprietor of a property if they had been in adverse possession of the land for a minimum of 12 years. Their occupation had to be continuous and what adverse possession means is that it had to be without the permission of the owner. That law is still good law and provided that someone can show they have been in occupation of the land for 12 years prior to 2002, they will, or can apply for, the right to be registered as the owner. After 2002, the law changed and it now makes it more likely that the registered proprietor (the owner) will be able to prevent an application for squatter’s adverse possession (squatter’s rights) of the land being completed. The new law means that if someone claims they have occupied the land for 12 years or more, and any part of that period is after 2002, then the person claiming the interest will be entitled to apply to the Land Registry to be registered as the owner. The owner will be notified and given the opportunity to oppose the application. If the application is not opposed the squatter will be registered as the owner, but if the application is opposed it will be rejected. There are a few exceptions to this. In the event the application is rejected but the squatter remains in possession for a further two years, they will be able to reapply and this time will be so registered whether or not anyone opposes the application.

  • Have you got a question for John or the team at Turpin & Miller? Send it to Legal Challenge, News Desk, Oxford Mail, Osney Mead, Oxford OX2 0EJ.