Finding someone living in a property you own, with no agreement and no rent, is one of the more alarming things that can happen to a landlord — usually to an empty property between tenancies, during a refurbishment, or on an inherited house.
The good news: the route here is faster than evicting a tenant, and in residential property the police can be involved. The bad news: the fastest-looking option — going round and changing the locks — is the one that turns your problem into a criminal offence committed by you.
Guidance, not legal advice.
First: is this actually a squatter?
This distinction decides everything.
Get this wrong and the consequences are severe. If there is any doubt, take advice before acting.
Residential property: squatting is a criminal offence
Since section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, squatting in a residential building is a criminal offence. That means you can report it to the police, who have power to act, rather than being forced down a civil route.
In practice: call 101 (or 999 if there is a break-in in progress or a risk to safety), report it clearly as squatting in a residential building under section 144, and provide proof of ownership. Police response varies, and some forces treat it as civil unless pushed — be prepared to be precise about the offence and to escalate politely.
Note the limits: the offence covers residential buildings. Squatting in a commercial building or on land is not a criminal offence under section 144, so those go the civil route below.
The civil routes
Interim Possession Order (IPO). The fast option where it applies. Key points:
A possession claim against trespassers (CPR Part 55). The standard route when the IPO route is not available — for example if you are outside the 28 days, or you also want damages. It is slower but comprehensive, and can be brought against "persons unknown" where you cannot name them.
Either way you will usually need proof of ownership, evidence of when you discovered the occupation, and photographs.
What you must never do
Using or threatening violence to secure entry to a property where someone is present and opposed to your entry is an offence under section 6 of the Criminal Law Act 1977. In plain terms:
Self-help is how a landlord with a clear legal case ends up as the defendant. Use the police (residential) or the court (everything else).
A worked example
Priya inherits her aunt's house. It sits empty for four months while probate finishes. In October a neighbour calls: there are lights on and the side gate is open.
Priya drives over and finds three people inside. The back door has been forced. Her instinct is to tell them to get out and change the locks in the morning.
She does neither. She photographs the forced door from outside, notes the date and time, and calls 101 to report squatting in a residential building under section 144. She is specific about the wording, because the first officer she speaks to starts to describe it as a civil matter. She gives the crime reference to her insurer the same day.
The police attend, and the occupants leave. Total elapsed time, a little under a week.
Two details did the work. She called it in as a criminal offence in a residential building rather than as a dispute, and she never touched the door herself. Had she changed the locks that night with people inside, the conversation with the police would have been about her.
If the property is commercial, or the police will not act
Section 144 only covers residential buildings. For a commercial unit, a plot of land or a garage block, squatting is not a criminal offence under that section, so you are in the civil courts.
You also need the civil route if the police decline to treat it as criminal, which does happen. Do not spend a fortnight arguing. Start the claim.
The Interim Possession Order is the fast option, and the deadline is the thing to watch: you must apply within 28 days of when you knew, or ought to have known, that the trespassers were there. Miss it and you fall back to an ordinary possession claim against trespassers, which works but takes longer. An IPO deals with possession only, so if you also want damages for the damage they caused, that is a separate claim.
Keep one habit through all of it. Write down when you discovered the occupation and how, because that date decides which route is still open to you.
After they leave
Getting possession back is the start, not the end.
Secure it properly the same day. New locks, boarded or repaired points of entry, and an alarm if the property will stay empty. Squatted properties are often re-entered within days because the weak point is still weak.
Tell your insurer immediately, and check the unoccupancy conditions before you assume you are covered for the damage. Many policies require inspections at set intervals while a property is empty, and a missed inspection is the reason claims get declined.
Photograph everything before you clear up, including any belongings left behind. Items left by trespassers still need handling with care rather than skipping on sight.
Then deal with the cause. A property that sat empty for four months is what invited the problem. Shorten the void, keep it looking lived in, and put the inspections in a diary rather than in your head.
Practical prevention
Empty properties attract this, so during a void or refurbishment:
How LetCompliance fits: the platform keeps the void visible rather than forgotten — property key facts and key dates, planned inspection scheduling during a void, insurance renewal and unoccupancy tracking, and a dated log of every visit and check that becomes your evidence of when occupation was discovered (which matters for the 28-day IPO window).
Sources
Section 21 → Section 8 Transition Map (2026)
Section 21 was abolished on 1 May 2026. Map every active S21 / Form 6A scenario onto a valid Section 8 ground with this 2-page transition guide.
- Pre-1 May 2026 Form 6A — still valid? Decision tree
- Map every S21 trigger to a Section 8 mandatory / discretionary ground
- Ground 8 (rent arrears) — 13-week threshold under RRA 2025
- Top 5 evidence packs courts now expect for possession
Frequently asked questions
Is squatting a criminal offence in the UK?
Squatting in a residential building is a criminal offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, so you can report it to the police rather than going to court. It is not a criminal offence under that section for commercial buildings or land — those go down the civil route.
Is a former tenant who will not leave a squatter?
No. Someone who had a tenancy remains a tenant in law even after the notice has expired and even if they have stopped paying. You must use Section 8 and, if needed, a warrant of possession. Treating a former tenant as a squatter — changing locks, removing belongings — is unlawful eviction and a criminal offence.
What is an Interim Possession Order?
A fast civil route against trespassers. You must apply within 28 days of when you knew (or should have known) they were there, and it deals with possession only — you cannot claim damages in the same application. Once an IPO is served it becomes a criminal offence for the trespassers to remain, which is what gives it its speed.
Can I change the locks or force entry to remove squatters?
No. Using or threatening violence to secure entry while someone is present and opposed to your entry is an offence under section 6 of the Criminal Law Act 1977. Do not force the door, change the locks with people inside, remove belongings or cut off utilities. Use the police for residential squatting, or the court for everything else.
