advice about squatters?
Discussion
dear all, we are in New Zealand and rent out our flat in the UK in Southend.
we are trying to sell the flat and also get new tenants in as the current one is moving back into her parents.
the managing agents were meant to have an open house on Saturday just gone but had to cancel as a van has taken up residence on our part of the drive which is down the side of the house and into the back garden, and apparently, there is some guy living in it.
the managing agents have said that they are trying to contact the tenant with little success, yet also say that she has moved to friends, and say she spoke to the police. the police won't do anything unless there is criminal damage, although we are worried about the tenant and her daughter and damage to the property.
so we have no idea as to what our next step is? we bought the place initially to live in and then the chance to move out here came about so we rented it out quickly and are completely new to renting so aren't fully aware of what to do?
I know this is a long shot and I will be in touch with people in the UK but if anyone has any advice as to what to do next or even knows of a good solicitor in the area that could help us?
we wish we'd never bought the place now.
we are trying to sell the flat and also get new tenants in as the current one is moving back into her parents.
the managing agents were meant to have an open house on Saturday just gone but had to cancel as a van has taken up residence on our part of the drive which is down the side of the house and into the back garden, and apparently, there is some guy living in it.
the managing agents have said that they are trying to contact the tenant with little success, yet also say that she has moved to friends, and say she spoke to the police. the police won't do anything unless there is criminal damage, although we are worried about the tenant and her daughter and damage to the property.
so we have no idea as to what our next step is? we bought the place initially to live in and then the chance to move out here came about so we rented it out quickly and are completely new to renting so aren't fully aware of what to do?
I know this is a long shot and I will be in touch with people in the UK but if anyone has any advice as to what to do next or even knows of a good solicitor in the area that could help us?
we wish we'd never bought the place now.
so what your saying is some guy has pitched up at your Tenants drive and started living there. Tenant has tired (not very hard) to get rid of them, given up and moved out (could be due to guy in van or another reason). Tenant was due to move out anyway which may explain why they couldn't be bothered to sort the issue out.
You would think the local council should be able to help, they deal with gypsy's on a daily basis and must know the procedure to get them shifted, you have effectively a mini gypsy problem. Obviously more of a worry now as the place has no tenant, assuming the old tenant is happy I would be trying to get a mate into the property ASAP to keep guard, it could be as simple as asking Van man if he will move up the road, (if you're really lucky).
You would think the local council should be able to help, they deal with gypsy's on a daily basis and must know the procedure to get them shifted, you have effectively a mini gypsy problem. Obviously more of a worry now as the place has no tenant, assuming the old tenant is happy I would be trying to get a mate into the property ASAP to keep guard, it could be as simple as asking Van man if he will move up the road, (if you're really lucky).
There is both a civil and criminal route to removing squatters, my advice that follows is given as a residential landlord, one with no legal training, but seeking to assist the OP.
A former tenant returning to a rental property does not fall under the legal legislation of squatting, whereas a total stranger, one with no previous connection with the rental property, does fall under the squatting legislation, and is easier to remove from the property.
The first thing one needs to do is find out if the person living, residing in the van has any previous history, connection with the property.
If no previous history, connection to the property, then, I believe a local solicitor to the property, can apply to the local county court, takes 48 hours, serving papers on the squatters by bailiffs. The court should/would then serve papers for possession, if no defence is offered by the squatters.
The court will grant an Interim Possession Order, a rapid means of recourse against squatters, and must be served within 24 hours on the squatters. There follows a court hearing, and if granted to the property owner, then the squatters have 24 hours to vacate the property.
Under section 144 of the of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, squatting in residential property became a criminal offence. Squatters can now be fined up to £5,000 or imprisoned for up to 6 months. LASPO is enforced by the police however, due to current pressures on police resources, it is extremely difficult to obtain their assistance.
Seek a local Southend solicitor, good luck
A former tenant returning to a rental property does not fall under the legal legislation of squatting, whereas a total stranger, one with no previous connection with the rental property, does fall under the squatting legislation, and is easier to remove from the property.
The first thing one needs to do is find out if the person living, residing in the van has any previous history, connection with the property.
If no previous history, connection to the property, then, I believe a local solicitor to the property, can apply to the local county court, takes 48 hours, serving papers on the squatters by bailiffs. The court should/would then serve papers for possession, if no defence is offered by the squatters.
The court will grant an Interim Possession Order, a rapid means of recourse against squatters, and must be served within 24 hours on the squatters. There follows a court hearing, and if granted to the property owner, then the squatters have 24 hours to vacate the property.
Under section 144 of the of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, squatting in residential property became a criminal offence. Squatters can now be fined up to £5,000 or imprisoned for up to 6 months. LASPO is enforced by the police however, due to current pressures on police resources, it is extremely difficult to obtain their assistance.
Seek a local Southend solicitor, good luck
I'm definitely not a lawyer, but to my understanding, anyone camping out in the garden, or as in this case, on the driveway of a property would more likely be guilty of trespassing than squatting.
This is of course unfortunate for the OP, as the law for dealing with trespassers is far less robust than that for dealing with squatters (at least where residential property is concerned).
Edit:
It seems I'm correct, to get a squatter removed under the September 2012 legislation, they would have to be inside the building:
"A person can only commit the offenc e if they have entered and remain in the residential building as a trespasser."
https://assets.publishing.service.gov.uk/governmen...
This is of course unfortunate for the OP, as the law for dealing with trespassers is far less robust than that for dealing with squatters (at least where residential property is concerned).
Edit:
It seems I'm correct, to get a squatter removed under the September 2012 legislation, they would have to be inside the building:
"A person can only commit the offenc e if they have entered and remain in the residential building as a trespasser."
https://assets.publishing.service.gov.uk/governmen...
Edited by markjmd on Monday 5th November 19:55
markjmd said:
I'm definitely not a lawyer, but to my understanding, anyone camping out in the garden, or as in this case, on the driveway of a property would more likely be guilty of trespassing than squatting.
This is of course unfortunate for the OP, as the law for dealing with trespassers is far less robust than that for dealing with squatters (at least where residential property is concerned).
Edit:
It seems I'm correct, to get a squatter removed under the September 2012 legislation, they would have to be inside the building:
"A person can only commit the offenc e if they have entered and remain in the residential building as a trespasser."
https://assets.publishing.service.gov.uk/governmen...
Unfortunately for the OP you could be right, i recall many years ago finding a vehicle parked on one of my rental properties driveway, although nobody residing inside vehicle. I did contact local police, who insisted since my exit on to highway was not being obstructed, it was therefore a civil matter.This is of course unfortunate for the OP, as the law for dealing with trespassers is far less robust than that for dealing with squatters (at least where residential property is concerned).
Edit:
It seems I'm correct, to get a squatter removed under the September 2012 legislation, they would have to be inside the building:
"A person can only commit the offenc e if they have entered and remain in the residential building as a trespasser."
https://assets.publishing.service.gov.uk/governmen...
Edited by markjmd on Monday 5th November 19:55
Wings said:
Unfortunately for the OP you could be right, i recall many years ago finding a vehicle parked on one of my rental properties driveway, although nobody residing inside vehicle. I did contact local police, who insisted since my exit on to highway was not being obstructed, it was therefore a civil matter.
I am not sure and not a property lawyer. But this might not necessarily be unfortunate for the OP. Living in vehicle - is it a residence or a vehicle? is sometimes complicated. But if it is straightforward trespassing then you can require them to leave and if they don't you or a licensed agent on your behalf (Bailiff) can use force to remove them. 
d thing off with a land rover
hi all, thanks for the replies, as you can imagine being so far away and a 13 hour time difference is not helping.
the guy is supposedly living in the van, our property is locked up, my brother in law checked Monday afternoon UK time. no sign of the owner.
I will be speaking to solicitors in a couple of days if nothing else happens.
the van resident is apparently the friend of the upstairs resident who's mum owns the flat so not sure what we can do to, however, the freeholder did get a car moved that was blocking the drive where it is shared, and he is waiting on an answer from upstairs. the drive goes down the side of the house and to the end of the garden.
I'm a little aggrieved with the tenant as it seems the van has been there a few weeks now, but she said nothing as she didn't want to get involved. however she has a daughter and is due to leave mid-Dec so, I may have done the same.
Since I posted the managing agents have been told by the tenant that she has spoken to the police as the guy in / from the van is wanted by them, so they may get involved anyway.
I will email the council as I tried calling last night and it got to 2am and I was still on hold and I had to be up at 6 for work.
I realise that asking here seems odd to some, but there are legal people on here that know people or what to do, and really I just wanted some sort of reassurance that this could be fixed.
Not sure hollywood want a story about a scrote in a van.
thank you all.
the guy is supposedly living in the van, our property is locked up, my brother in law checked Monday afternoon UK time. no sign of the owner.
I will be speaking to solicitors in a couple of days if nothing else happens.
the van resident is apparently the friend of the upstairs resident who's mum owns the flat so not sure what we can do to, however, the freeholder did get a car moved that was blocking the drive where it is shared, and he is waiting on an answer from upstairs. the drive goes down the side of the house and to the end of the garden.
I'm a little aggrieved with the tenant as it seems the van has been there a few weeks now, but she said nothing as she didn't want to get involved. however she has a daughter and is due to leave mid-Dec so, I may have done the same.
Since I posted the managing agents have been told by the tenant that she has spoken to the police as the guy in / from the van is wanted by them, so they may get involved anyway.
I will email the council as I tried calling last night and it got to 2am and I was still on hold and I had to be up at 6 for work.
I realise that asking here seems odd to some, but there are legal people on here that know people or what to do, and really I just wanted some sort of reassurance that this could be fixed.
Not sure hollywood want a story about a scrote in a van.
thank you all.
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