Q&As

If a landowner allows squatters a short period of time to vacate before issuing possession proceedings does this create a licence or tenancy, and if so how should that licence or tenancy be terminated?

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Published on LexisPSL on 08/04/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • If a landowner allows squatters a short period of time to vacate before issuing possession proceedings does this create a licence or tenancy, and if so how should that licence or tenancy be terminated?

If a landowner allows squatters a short period of time to vacate before issuing possession proceedings does this create a licence or tenancy, and if so how should that licence or tenancy be terminated?

In regard to the procedure for removal of the trespassers, assuming that they have not at any point had permission to be on the land (ie they are not previous tenants or subtenants) then the squatters procedure under CPR Part 55 should be used. In particular, see Practice Note: Trespassers—possession proceedings.

For further information on the Procedure for the removal of trespassers and licensees see Claims to the Possession of Land: A4 Procedure for the removal of trespassers and

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