Landlords have been plagued by removing one set of squatters only to find that another set, or indeed the same ones, have returned shortly thereafter. This is particularly more so since the criminalisation of squatting in residential premises in 2012.
To remove squatters, a landlord must obtain an order for possession in the local county court to the premises against “persons unknown” and the county court can enforce bailiffs. Transfer to the High Court can speed up a possession order.
What then happens if they return, as you can only enforce a writ of possession once?
A landlord does not need to go through the process again. He can apply for a writ of restitution, which is effectively a writ in aid of another writ.
The Court must give leave for the issue of the writ of restitution, even where the re-occupation is not by the same persons. Potentially, as long as there is a sufficient link between the two events, the Court should after a period grant the writ.
If you’ve got squatters and need assistance, speak to property litigator Laura St-Gallay today.
Note: This article is not legal advice; it provides information of general interest about current legal issues.