A trespasser is a person who has entered a property without obtaining the permission of the owner. Having trespassers occupying your property without your consent can be very frustrating and also a huge inconvenience to many landlords. It is often a misplaced notion that evicting trespassers can be a cumbersome process. The key is to act promptly and seek immediate legal advice as soon as possible.

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It is advisable as a first step to write to the trespasser to ascertain whether they would be willing to voluntarily leave the property and offer an incentive for them to do so, such as assistance with their reasonable moving costs. If the trespasser refuses to leave the property voluntarily then they should be served with a formal Notice to Quit, usually giving them one month’s notice to vacate the property.

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If the trespasser continues to occupy the property after the expiry of the notice period, then it will be necessary to issue a claim for possession under Part 55 of the Civil Procedure Rules. Possession claims are usually dealt with in the County Court and the Court fee for issuing the claim is currently £391. A Claim Form together with Particulars of Claim will need to be prepared setting out the legal basis for the claim.

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Once the claim for possession has been issued by the Court, the Claim Form and Particulars of Claim must be served on the trespasser, who will then have 14 days in which to respond to the claim and file any defence. The Court will fix a date for the hearing when it issues the claim. Claims for possession against trespassers take priority over other possession claims and the hearing usually takes place between 28 days and 8 weeks after the claim is issued.

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If the Court is satisfied that the occupation by the trespasser is unlawful, it will grant an order for possession at the hearing and specify the date by when the trespasser must deliver up the property to the owner/landlord. A trespasser will usually be ordered to leave the property within 7 to 14 days, although this may be sooner in urgent cases. The Order for Possession should be served on the trespasser forthwith.

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If the trespasser refuses to leave the property by the date given in the Order for Possession, then it will be necessary to enforce the order by applying to the Court for a Warrant of Possession. The Court fee for issuing a Warrant of Possession is currently £143. When the Court issues a Warrant of Possession, it will send the trespasser an eviction notice specifying the date by when they must leave the property. If the trespasser refuses to leave the property by this date, then the owner/landlord can instruct Court appointed Bailiffs to evict them.  

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If you are a landlord who wishes to evict a trespasser then please do not hesitate to contact Samuel Manok-Sanoian for further information on how Arax Law can help you.