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Thursday, March 19, 2009

Removal of squatters - who pays?


I recently came across a question by a landlord in one of the advice sections of the FT. Apparently this poor chap had problems with squatters in his large flat in Kensington.
The squatters have very thoughtfully erected a sign announcing that they "now live in the property, intend to stay and it's a criminal offence to enter without their permission"

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How nice to be kept in the picture. Micheal Buckpitt a barrister at Tanfield Chambers explains that the squatters do not have any 'rights' as such to stay. However, the correct procedures are required to remove them. He recommends that the safest course of action is to issue court proceedings. However, only the person with an immediate right to possession - the tenant can bring such proceedings. although they could authorise you the landlord to bring the claim on their behalf.

Once the court order is obtained, it must be enforced by the County Court Baliff or the High Court Sheriff. Interestingly, the landlord is not liable for damage or costs incurred. Removal of the squatters and remedying any damage are the responsibility of the tenants. Well theres a relief your honour!


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