What to do if squatters take over your property

The government has consulted on a range of options from improving existing legal frameworks to making squatting illegal. Here's how you can protect your home or property

Guardian Focus podcast: squatters' rights
An empty house with broken windows
Squatters' rights mean you cannot use force to evict squatters. Photograph: Linda Nylind for the Guardian Linda Nylind/Guardian

Sky-high property prices and soaring rents for those priced out of the housing market have meant that squatting has become a way of life for a growing number of people. The latest government figures put the estimated number of squatters in the UK at 20,000, but the real figure is probably higher.

The government has closed a consultation on the criminalisation of squatting, in which proposals range from creating an offence of "squatting in buildings", thereby rendering the activity illegal, to improving the enforcement available under the existing legal framework. Squatting is already a criminal offence in Scotland, punishable by a fine or even imprisonment.

Squatting is an emotive subject, with many arguing that squatters are often homeless people legally taking up residence in empty properties that have otherwise been abandoned. But critics argue that no one has a right to simply move into a property that is not theirs, and that often homes are forcibly occupied after being left vacant by their owners for a very short time.

Much of the controversy around squatting stems from the fact that property owners often have no idea whether dealing with unwanted occupiers is a civil or criminal matter, so have no idea what to do when faced with squatters. We spoke to Nick Martyn, a property litigation solicitor at Mundays Solicitors with experience in dealing with cases involving squatters, to find out the rights of property owners.

How can I keep squatters out?

As you would imagine, security is key. Squatters can't force their way into your property – they could then be arrested for causing criminal damage – but there are often practical difficuties in establishing exactly how they entered, and it can be difficult to prove a lock was not already broken if they argue otherwise. The Directgov website includes a number of tips on protecting your home from burglars. Many of these may also be useful in protecting your home from squatters.

If you are going to be away from a property for a number of weeks you should inform your neighbours so they can act as watchdogs. Owners of empty commercial property should consider hiring security guards.

Another option is to sign your property over to one of the several UK property guardian schemes which look after empty houses and commercial premises on behalf of owners. The firms recruit individuals who want a flexible lifestyle unsuited to conventional homeownership or renting to live in the properties, paying a nominal rent.

What should I do if I discover squatters in my property?

One of the first steps you should take, if possible, is to make contact with the squatters. In some cases you can get information that will determine the best route to get them out. Try to glean what their intentions are: are they willing to come to an agreement or do they intend to follow a more aggressive course? Some might be relatively amicable and agree to leave once a court order is granted (see below).

To some extent, what you decide to do will depend on how quickly you want your property back and whether you have any valuables within it. In most cases, the co-operation of the police is particularly important at an early stage, even if they can't force the squatters out: it means they will be aware of any damage being done and are ready to help in case the situation turns nasty.

What rights do I have if they won't leave? Can I force them out?

It depends whether your property is occupied or not. If it is a property that is occupied, or soon to be occupied, then the criminal law will apply and the squatters can be guilty of an offence under Section 7 of the Criminal Law Act if they fail to leave your premises after being asked to do so. In this situation, the police can be involved and if necessary can arrest the squatters. You will have to be able to prove to the police that you are a "displaced residential occupier" or "protected intending occupier" of the property.

If you are in this position, your rights also supersede what are commonly known as "squatters' rights". Usually you cannot use force to evict squatters, but if you already live in the property, or are about to (for example, you've bought the house and are about to move in) you are allowed to break your own door down if necessary.

For other "non-occupied" properties or commercial premises, squatters' rights apply so you can't use force to evict them. In such situations it is a civil matter and you will need to obtain a court order to remove the squatters.

How long will it take to get my property back?

It can take longer to regain possession of an occupied residential property than commercial permises, but neither will involve overnight success. It can take days for a court to issue a possession order and, if this is ignored by the squatters, the court can send a county court officer or bailiff to regain possession of the property. This can take weeks.

Is there a faster route to getting my property back?

You can instead opt for an "interim possession order". If the correct procedure is followed, such an order can usually be obtained from the courts within a few days and squatters must leave the property within 24 hours of service of the order. Crucially, unlike a normal court order an interim possession order means that if squatters do not leave within 24 hours they are committing a criminal offence and may be arrested.

As a very rough estimate, from start to finish obtaining an interim possession order would normally cost a few thousand pounds, whereas the standard procedure is generally cheaper.