Can a Landlord Use Bailiffs to Remove Squatters Quickly

Squatting can be a serious concern for landlords, leading to financial loss and legal complexities. When squatters occupy a property, landlords often seek the fastest and most efficient legal methods to reclaim possession. One of the questions that arise is whether a landlord can use bailiffs to remove squatters quickly. This article explores the legalities surrounding squatters' eviction, the role of bailiffs, and alternative methods available to landlord action.

Understanding Squatting and the Law

What is Squatting?

Squatting is when an individual occupies a property without the owner’s permission. Squatters may move into vacant residential or commercial properties, making it difficult for landlords to regain control.

Legal Status of Squatting in the UK

The legal implications of squatting depend on whether the property is residential or commercial:

• Residential Properties: Under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, squatting in residential properties is a criminal offense. The police have the authority to remove squatters and even prosecute them.

• Commercial Properties: Squatting in commercial properties is not a criminal offense but a civil matter. Landlords must go through the courts to evict squatters legally.

The Role of Bailiffs in Eviction

Who Are Bailiffs?

Bailiffs are court-appointed enforcement officers responsible for executing possession orders and enforcing debt collection. They are typically involved in legal for landlords evictions where landlords have obtained the necessary court orders.

Can Bailiffs Be Used to Remove Squatters?

Landlords cannot immediately hire bailiffs to remove squatters without following the legal eviction process. The process involves obtaining a possession order from the court and applying for enforcement if squatters refuse to leave voluntarily.

Steps to Legally Evict Squatters

1. Report to the Police (For Residential Properties)

If squatters occupy a residential property, landlords should contact the police. Since squatting in a residential building is a criminal offense, the police can take action to remove them quickly.

2. Serve a Legal Notice

For commercial properties, landlords must serve a legal notice to the squatters, informing them that they are occupying the premises unlawfully and should vacate.

3. Apply for an Interim Possession Order (IPO)

An Interim Possession Order (IPO) is the fastest legal route to remove squatters from commercial premises. The process involves:

• Applying to the County Court within 28 days of discovering squatters.

• If granted, squatters must leave within 24 hours of being served.

• If they fail to leave, they can be arrested.

4. Seek a Standard Possession Order

If the 28-day window for an IPO has passed, landlords must apply for a Standard Possession Order in the County Court. This process takes longer, typically several weeks.

5. Enforce the Order with Bailiffs

Once the court grants the possession order, landlords can apply for county court bailiffs or escalate the matter to High Court Enforcement Officers (HCEOs) for quicker enforcement.

How Long Does the Eviction Process Take?

The time required to remove squatters depends on various factors:

• Using an IPO: Can lead to eviction within a few days.

• Standard Possession Order: May take several weeks.

• Court Delays: Can further extend the timeline.

Alternative Solutions for Landlords

Hiring Tenant Eviction Specialists

Tenant eviction specialists provide professional services to help landlords navigate the legal process efficiently. They assist in filing the correct paperwork, liaising with the court, and ensuring eviction is carried out lawfully.

Engaging Legal Services for Landlords

Legal services for landlords offer expert advice on property disputes, eviction procedures, and court representation. They ensure compliance with legal protocols to prevent further complications.

Using Security Measures to Prevent Squatting

Preventing squatting is often more effective than dealing with an eviction. Landlords should consider:

• Installing CCTV cameras and alarm systems.

• Using anti-squatter security services.

• Keeping the property regularly checked and maintained.

Conclusion

While landlords cannot directly hire bailiffs to remove squatters immediately, they can follow legal procedures to reclaim their property. For residential properties, the police can intervene due to the criminal nature of squatting. For commercial properties, landlords must obtain a possession order through the courts before using bailiffs for eviction. Hiring tenant eviction specialists and legal professionals can significantly streamline the process and ensure a lawful and effective resolution.