squatters

Lisa_n

Sorry didnt know where to post this,

This is whats happened, my mother moved out of her house to go into a nursing home 4 months ago, now she just returned to her home to find the locks have been changed, when she asked the naybours they said there is 4 familys living there for the past 2 months and they have re decorated the whole house.

So I got my brother in law to go round and the people living there told him that they are paying rent to some guy who does not even own the house, all we got is his mobile number. really dont know what to do, we want them out, do you think we can just go to the police and get them out or what?. any advice please my mother is in pieces over this.

Regards

Lisa

Halaku

We own several properties around the Greater Manchester region, and we've had our fair share of squatters. The way the laws work here in Britain mean you can't just kick them out, or technically even enter your own property. The legal route would be to file for a Interim Possession Order, which forces them out temporarily while a decision is made. You need to file for one of these immediately, if you wait longer than a month you'll have to file for a full possession order. Here's a website which gives details on how to do this.

http://www.compactlaw.co.uk/free_legal_information/private_housing/privhf5.html

There are disadvantages to this route though, the legal process can be long and difficult, which is particularly problematic if you need the property back as soon as possible. Fortunately there are a number of tried and tested methods you can use to try and get them out without breaking the law.

The first thing you need to do is to speak to them, and let them know that you are legally the landlord. If they have been paying rent to someone else (which I sincerely doubt), you need to explain to them that you are the landlord and you want them out. It works sometimes, some squatters will move as soon as the landlord shows up, and move onto another property.

If they refuse to budge, you have a number of options. If you belive of criminal activity taking place on your premises, such as drugs, the police can help you out. Threatening to call the police on their drug activities I've found gets them packing within days. But other than that, if you want the police to help you, you'll need a court order.

Finally, while it is illegal to break in if you know there is someone resident, there is a way aroudn this. The only way they can prove that you knew of their residency is if they leave a notice on the door informing you the house is occupied. If you don't see any signs on the outside informing you of this, you can legally enter your own property using force, and subsequently claim you were unaware that people lived there if they call the police. You can then show your intentions to stay there until they vacate. Make sure you have a few people with you when doing this though, and you obviously can't do this if you've began legal action to evict them.

Halaku

One more thing when you manage to get hold of your property again.

Expect the worst.

Some of the things I've seen ...... oh my f'ing god, I think I just puked a little in my mouth thinking about it.

Lisa_n

Thanks for the tips, the squatters are Polish emigrants I found out tonight and they have children in there.

Lisa

Loui1979

O My God, thats a terrible thing to happen. I havent got any advise for you but i just hope things work out for your mum asap. x

Felicity

Again, no advice I am afraid, but all the best of luck!

What a blooming awful thing to happen.

Felicity

black-saturn

Good luck, keep us posted about how you get on. Sounds like a nightmare.

Fran

I can't add anything either, just good luck with it all. Great reply from Halaku.

dag_2

Thanks for the tips, the squatters are Polish emigrants I found out tonight and they have children in there.

None of this surprises me. There have been times when I've moved in a hurry, and not checked the landlord's credentials before moving in.

When tenants move into a house that they've seen advertised in the classifieds or a shop window, how often do they check with the land registry that the person who says they're the landlord really does own the house? Answer: Never. Sometimes they might do it after they've moved in, but rarely before. That's the way it is.

I think that Halaku's advice is the best so far. If you think that there may be drug taking going on in there (unlikely if they've got children, but hey ...) then yes you can call the police on them. However, unless it's obvious (eg addicts hanging around in the street outside at all hours), it's very difficult to find out if anything like this is happening. If you keep on popping round there and banging on the door over and over again to spy on them, then that could be construed as harrassment, and illegal eviction - and you could end up in prison for it. So be careful. The safest bet is to do it strictly by the book, by filing for an IPO.

Given the circumstances, it's possible that your mother qualifies as a homeless person in priority need, and may be able to get emergency accommodation from the council. Even if she doesn't qualify, I'd still strongly recommend that you speak with the council's housing and homelessness service about it.

Here's another thing to think about. This bloke who's been passing himself off as the landlord - do you want to take any civil action against him to recover the former home contents, or the rent? If so, then taking any action against the squatters to evict them will blow your cover, and chances are, neither you nor the squatters will ever see him again. The police might be able to trace him through the mobile phone number but I wouldn't bank on it.

Jay-Jay_4

Whay can't the OP call the police and say that there are burglars in her mothers house?

Ok it may be classed as civil trespass but if the police were called for burglary then the squatters would be locked up. The OP could change the locks and the squatters would not be able to re-enter, just the same as they would not be able to enter my house.

Halaku

Jay-Jay wrote:

Whay can't the OP call the police and say that there are burglars in her mothers house?

Ok it may be classed as civil trespass but if the police were called for burglary then the squatters would be locked up. The OP could change the locks and the squatters would not be able to re-enter, just the same as they would not be able to enter my house.

That almost certainly won't work. The police would need to look for signs of a break in, and if the locks have been changed, there won't be. If the OP had done it as soon as they had entered, then it may have been possible. They would have plenty of evidence that they are actually living there, and aren't robbers, which isn't a good enough reason for the police to take action. Police deal with squatters all the time, and they know they can't do anything about it unless they have a court order allowing them to.

Having thought about OP's situation, I think the best course of action is seeking an Interim Possession Order. Most squatters are homeless junkies who move from place to place, a bit of assertiveness backed up with muscle is enough to send them packing. I think a family of refugees will be a lot more stubborn. If they are refusing to go themselves, the only way to get them out is the legal path.

An IPO gives you the chance to get them removed while a formal court decision is made, which will almost certainly result in them giving up their claim to living on your property. Its not as quick and easy as the more direct methods I proposed earlier, but it might be your only option. But you must act fast, any delays in filing for one may count against you and result in you not getting one.