Evicting Squatters from Commercial Property in the UK: Interim Possession Orders

Commercial property owners in the UK face unique challenges in dealing with squatters, as commercial squatting is not a criminal offence under UK law. As a result, squatters often target empty commercial properties, which are legally and logistically more difficult to reclaim. If squatters occupy your commercial property, the expert dispute resolution team at Moore and Tibbits Solicitors can provide timely, effective legal solutions to safeguard your rights and minimise financial impact.

Legal Challenges of Commercial Squatting in the UK

Commercial squatting differs significantly from residential squatting in the UK. Under the Legal Aid, Sentencing, and Punishment of Offenders Act 2012 (LASPO), squatting in residential properties is a criminal offence, allowing for police intervention. However, this protection does not extend to commercial properties, which remain vulnerable to occupation by squatters without the risk of criminal penalties. Consequently, commercial property owners must take swift civil legal action to remove squatters, a process which is complex and can seem daunting.

Why Swift Action is Essential

Once squatters occupy a commercial property, landlords face immediate risks, including damage, vandalism, loss of rental income, and even adverse possession claims after prolonged occupation. Acting quickly is critical. Legal measures such as Interim Possession Orders (IPO) allows landlords to regain control more quickly.

Interim Possession Order (IPO)

For urgent cases, an Interim Possession Order (IPO) provides a fast-track eviction method for squatters in commercial properties. An IPO requires that landlords act within 28 days of discovering squatters to apply to the County Court local to the property. If granted and effectively served within the time limits an IPO compels squatters to vacate the premises within 24 hours; failure to do so is a criminal offence. Additionally, squatters who return within a year of the IPO risk prosecution and penalties. The process for applying for, and then enforcing, an IPO is complex and requires a nuanced understanding of the rules and regulations. The highly skilled Dispute Resolution team at Moore and Tibbits can offer you prompt, mindful, expert advice and guide you through the IPO process.

Recent case study

The Moore and Tibbits Dispute Resolution team recently assisted a Commercial client to regain possession of their Commercial Property from squatters. We received the enquiry and within 3 days we made the application for the IPO and the matter was listed for a hearing within 7 days thereafter. The IPO was granted, and possession was recovered within 36 hours of the hearing. A final possession order was applied for and granted, concluding the matter. In all, our client had recovered the Property within 10 days of their initial enquiry with us. We handled the case quickly, efficiently, and in accordance with the rules and regulations so that our client swiftly regained possession of their property.

By adopting the IPO procedure our client was able to regain possession far more quickly than going down the standard possession route and our client did not need to incur additional costs such as instructing Bailiffs to evict. The Moore and Tibbits Dispute Resolution team always have their client’s best interests at heart and act in a commercially aware and attentive manner.

If you are a Commercial property owner and you find yourself with squatters in your property, our experienced Dispute Resolution team is here to assist you through every step of the process. Just call us on 01926 491181 or email: siobanc@moore-tibbits.co.uk