All I Want For Christmas Is... No Trespassers!

• Published date: 21 December 2021
• Subject Matter: Real Estate and Construction, Criminal Law, Real Estate, Landlord & Tenant - Leases, Crime
• Law Firm: BLM
• Author: Ms Priya Sejpal

Santa visits us once a year, but sadly this time of year can also be an opportune time for other types of visitors. Whilst the Christmas/New Year window is usually a restful and rejoiceful time of year, it can sometimes turn into litigation nightmare if squatters take over your property. This is particularly so for commercial landlords who as a result of the pandemic, have seen a lot of businesses fail. This has consequently led to a lot of vacant retail property; a perfect opportunity for trespassers to take possession.

Prevention better than cure

We are urging our commercial property landlords to take robust preventative measures such as installing security, strong shutters, CCTV or even 24/7 security guards if necessary. Landlords should also be smart to disconnect water, heating and other utilities to make it less attractive for squatters to stay. In addition, it would be prudent to check your insurance policy in respect of maintenance and security for unoccupied property.

Legal options

It's a common misconception that if you have a squatter, that you can simply call the police and report the criminal activity. Police can and do get involved (in certain types of trespass claims) but very often they leave this in the hands of lawyers to fight out as a question of civil law.

The typical route to evict a squatter will involve serving them with a notice to vacate (no prescribed form) and unless entry can be gained peaceably, one would need to instigate possession proceedings. This is a lengthy and expensive process, although it can be expedited through an Interim Possession Order if there are concerning factors, for example, if there is a risk being posed to the general public.

In circumstances where possession hasn't actually taken place but there is a threatened trespass, there is still recourse available to you in the form of injunctive relief; this would be by way of an application for a quia timet injunction. In other words, where no wrong has yet been committed although it is threatened.

Whether you apply for an ordinary possession proceedings, an interim possession order or a quia timet injunction, will depend on the individual set of circumstances for which specialist legal advice should be sought. Some may be wondering whether possession proceedings and injunctive relief can be bought amidst...