Squatters are defined as people who enter an empty property without permission so they can live there. Depending on how long they’ve been squatting, they might try to claim ownership of it. Many might claim ‘squatters rights’, but what are they?
According to GOV.UK, “Squatting in residential buildings (like a house or flat) is illegal. It can lead to 6 months in prison, a £5,000 fine or both.” But that doesn’t mean that squatters don’t cause problems for homeowners, especially when they’re coming to sell.
There are still specific legal considerations and processes to follow to get rid of squatters without breaking the law yourself. This blog explores the possibility of selling a house with squatters and the associated legal considerations.
Key Takeaways
- Squatting in a residential property is illegal and the police have the power to remove anyone who does so.
- Filing an Interim Possession Order with the county court, as well as Possession Claim Forms to the squatters can help you get your home back.
- You can sell a property with squatters in place, either on the open market, via auction or to a cash buyer like Zapperty.
Understanding Squatters and Their Rights
Squatters are people who’ve entered a building with the intention of living there. They can do this for a range of reasons such as:
- Homelessness
- Addiction & mental health issues
- Political reasons
- Intending to gain ownership
In almost all cases, squatters are not legally allowed to be in a property and can be removed, however, there are some exceptions which are often known as Adverse Possession. The most commonly used of these is if the squatter has lived in the property for 10 years (12 if it’s unregistered).
For it to be considered squatting, the building has to be empty and they have to have the intention of staying there (it falls under trespassing laws otherwise). For that reason, family homes rarely become squats. Generally, empty rentals, holiday homes or abandoned buildings are much more commonly squatted.
How to Get Rid of Squatters
If your home has squatters you need to follow a specific set of steps to reclaim possession. If you don’t you could break the law yourself and make it harder to evict them.
- Contact the police. They have the legal power to evict squatters from residential properties.
- Serve an eviction notice. Sometimes police intervention isn’t enough and you’ll need to give an eviction notice. This informs the squatters that they’re there illegally and must leave.
- Apply for an Interim Possession Order. If the squatters have been there less than 28 days, you can submit Form N130 to your county court. As it’s a complex process, legal advice is usually helpful here.
- Serve Possession Claim forms. When you’ve filed for the IPO, Possession Claim Forms must be posted through the letterbox or attached to the door of the property. This tells the squatters you intend to take possession and must be done at least 5 days before the court hearing.
- Claim and enforce possession. Reclaim your property and enforce the order. The squatters must leave within 24 hours. If they don’t, or they return within 12 months, they face potential prison sentences.
While it may be frustrating to try and retake ownership of something that belongs to you, you must engage with the relevant authorities, document everything and if needed, seek legal advice.
The Process of Selling a House with Squatters
If you’re planning on selling the house with squatters, it can be complicated. Although the process of selling is no different to any other sale, estate agents may not want to take you on as a client. Similarly, finding buyers who are willing to take on the risk, legal problems and potential damage will be hard. You may also find that the value of the property is reduced as a result.
In this instance, you’ve got a couple of options. You can either sell it via auction or a cash home buyer like Zapperty.
Selling a House With Squatters via Auction
Property auctions can be a good way to sell your home. They have the potential to get high prices if you get a bidding war and they give you a defined sale date. However, some auctioneers may not have the expertise to deal with squatters, and the potential buyers will still need to be informed which could put them off. Also, property auctions will take charges and fees from the total price.
Selling to Zapperty
An alternative is selling your property with squatters to a cash home buyer like Zapperty. We’ll make a cash offer on any property within 7 days. You can take away all the hassle and complications to move on with your life.
If you accept our offer, we’ll handle everything. Our legal team will undertake all the relevant checks and processes, and we have the fund instantly available. For a free quote, don’t hesitate to contact us today.
Finding out people are squatting on your property is an upsetting and concerning discovery. The potential for damage or costly legal proceedings is a hassle you can do without. However, by following all the correct processes and getting the authorities involved, you can get your home back.
If you’d rather sell, there are a range of options open to you. From selling on the open market to auctions or cash buyers, you can legally sell a home with squatters in place. If you want to take the hassle and the fuss out of the process, contact us today.
