Trespassers—possession proceedings
Trespassers—possession proceedings

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Trespassers—possession proceedings
  • Possession proceedings
  • Possession proceedings—standard procedure to remove squatters
  • Claim form and particulars of claim
  • Defence
  • The hearing
  • Possession proceedings—interim possession order (IPO) to remove squatters
  • Claim/IPO application
  • Response
  • Hearing of IPO application
  • More...

Trespassers—possession proceedings

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

This Practice Note covers the procedure to recover possession from trespassers who entered premises as trespassers (more commonly known as squatters), or who remained on land without the consent of the person entitled to possession, by issuing possession proceedings under CPR 55. It does not include a claim against a tenant or sub-tenant, whether or not their tenancy has been determined. For recovery of possession from a former tenant or sub-tenant who remains in premises unlawfully on expiry of lawful occupation, see Practice Notes: CPR 55 procedure in relation to commercial property and CPR 55 procedure in relation to residential common law tenancies.

This Practice Note also does not deal with private residential property let on an assured shorthold tenancy (ASTs) or social housing (including secure

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