Protecting your home from squatters: what to do and how to get your property back
You have discovered that your home has been taken over by squatters and you are wondering what you can do to get it back. Let us start with the most useful thing of all.
The law in England and Wales is firmly on your side: squatting in a residential property is a criminal offence, so the police can act, and with the right report at the right moment you can have your home cleared quickly, without waiting years for a court case. Since 2012, anyone living in or entering a residential building as a trespasser is committing a crime under the law, and the police have the power to remove them.
One thing is worth saying straight away, to settle the worry: squatting in a home that is lived in day to day is rare, and it is treated very seriously. The problem mainly affects properties left empty or unlet for a long time. Knowing how to react, though, keeps you protected in every case.
In this guide I will explain:
- when an occupation really counts as squatting in the eyes of the law
- the first steps to take the moment you notice the occupation
- the two routes to getting your home back, the criminal one and the civil one
- what changes between your main home and a second property
- what you must never do on your own initiative
Let us go through it point by point, in plain terms.
When an occupation counts as squatting
An occupation is squatting when the person inside your home has no right to be there.
In plain words: they are not the owner, they have no valid tenancy agreement, they have no loan-for-use arrangement in place, and they are not a guest you invited in. In legal terms they are a trespasser, someone present with no right that justifies it.
This covers situations that are quite different from one another. There is the stranger who gets into an empty flat and settles in.
There is the former tenant who, once the tenancy has ended, refuses to leave. And there is the person you put up for a while who, when the moment has passed, simply will not move out.
In all these cases you remain the full owner. The law is on your side: the only thing that matters is knowing which tool to use, and in what order.
What to do straight away if you find your home occupied
The first rule is simple: contact the authorities straight away, do not take matters into your own hands.
As soon as you notice the occupation, report it to the police. Because squatting in a residential building is a criminal offence, the police can treat it as a crime rather than a private dispute. Reporting it is the step that sets everything else in motion, and it is the step that protects you.
When you report it, set out from when you lost the use of the property, who is occupying the home if you know, and bring along everything that proves the home is yours: the title deeds, Land Registry records, utility bills in your name, and any photographs.
If you catch the trespasser in the act, that is, while they are actually breaking in or settling in, call 999 immediately. In that situation the response can be direct and the removal far quicker, because the position is clear and can be documented on the spot.
Acting quickly really does matter. The sooner you report it, the simpler and faster it is to get your home back: time works in favour of anyone trying to dig in, so do not let the days slip by.
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Coming back to the process: once you have reported the occupation, you have two routes ahead of you. Let us look at them.
The two routes to getting your home back
To recover an occupied property there are two parallel routes: the criminal one, which can be much faster, and the civil one.
They are often used together. Which one you choose, and in what order, depends on your case, and this is where a solicitor saves you time. Let me explain how both of them work.
The criminal route: reporting it and a swift removal
The key point is that, in England and Wales, squatting in a residential building is a criminal offence, not merely a private disagreement to be sorted out in the civil courts.
Because it is a crime, anyone who lives in, or enters as a trespasser and stays in, a residential property they know they have no right to occupy is committing an offence and can face arrest, a fine or imprisonment. This applies to flats and houses, and to the buildings that go with them.
Alongside the offence itself, this gives you a powerful practical tool: the police can act. It works in a straightforward way:
You report the squatting to the police. Because it is a criminal matter, they can attend and deal with it directly, without you having to start a court case first.
The police can then remove the trespassers and hand the property back to you. Treating it as a crime is what allows the situation to be resolved at speed, with the proper safeguards in place.
The real value of this route is that it can get you back into possession quickly, without waiting for the slow timescales of a civil claim. You do not have to wait months to walk back into your own home.
The civil route: recovering possession and your property
Alongside the criminal route there is the civil one, which is about enforcing your possession and your ownership.
The most direct tool is a possession claim brought through the courts. You ask the court, as a matter of urgency, to be put back in possession of the property and to order the trespassers to leave.
There is a clear reason not to delay: the longer an occupation runs on, the more drawn out the process tends to become, so it is in your interest to act early.
Once the court grants a possession order, you can have it enforced so that the property is returned to you and the trespassers are required to leave the home.
To this you can add a claim for damages: the loss of use of the property, the rent you were unable to collect, the material damage left inside the home. To be honest about it, if the trespassers have no assets, actually recovering those sums can be difficult.
What changes between your main home and a second property
Not every situation moves at the same pace, and the main difference comes down to what kind of property has been occupied.
The criminal route, the one that can lead to a swift removal, is built around residential property, the home where someone actually lives. Here the law has every reason to step in quickly, because what is at stake is a family’s home.
When the occupied building is something else, an empty second home, an inherited flat that no one lives in or a commercial unit, things can change. The fast track may not apply in the same way, and you may be left with the ordinary civil procedure, which takes longer and usually goes through the courts.
This does not mean that a second property leaves you with no protection. It simply means the tools and the timescales are different, which is one more reason to act straight away with a solicitor and to keep an eye on any property you leave empty.
What you must NOT do on your own initiative
This is where many people slip up, in perfectly good faith. Do not try to take the law into your own hands.
However much the home is yours, the law stops you from taking it back by force while someone is inside. Actions like these can turn you from the injured party into the one under investigation:
Changing the lock or blocking up the entrance to shut the occupiers out: using or threatening force to evict someone in occupation can itself be a criminal offence, even when you are the owner.
Cutting off the utilities, the electricity, water and gas, to force them out: the same logic applies, and it is the sort of move that can rebound on you.
Removing or throwing out the belongings of the people in the home: here too you risk being reported, instead of resolving anything.
The one exception is catching someone in the act: if you come across someone at the very moment they are getting in, you can react to stop the occupation before it takes hold. Once that moment has passed, though, the right tool is always to report it, never the do-it-yourself approach. Relying on the proper channels is not a sign of weakness: it is what lets you win without risking anything.
How to make squatting harder
Now that we have covered what to do if the problem arises, a fair question follows: can you cut the risk from the outset? For the most part yes, with some common-sense measures.
In the vast majority of cases, squatting starts from easy access: a property that looks empty, a weak door, a home plainly left unattended for months. Making all of that harder lowers the risk.
A few practical steps. For a home you are away from for long stretches, make sure it does not look abandoned: have the post collected, ask someone you trust to look in, leave small signs of life. For unlet properties, carry out regular checks and keep on good terms with the neighbours, who will let you know if they notice anything odd.
And then there is the front door. A solid armoured front door makes unlawful access far harder and puts off anyone looking for the easy way in.
It is worth being honest on this point: the door is a sensible measure, not an absolute guarantee against every eventuality. It remains, though, one of the most concrete deterrents, because it works on the weak spot that is exploited most often, which is the way in.
If you want to understand how much difference a robust door can make, you will find it useful to read about the 6 burglar resistance classes and the advice on how to protect your home from burglars. For anyone who owns a detached house or an isolated second home, an external armoured door paired with a little supervision is the most sensible combination.
Conclusions
Squatting in a home frightens people more than it deserves to, because the owner has fast, concrete tools on their side: squatting in a residential property is a crime, so the police can act.
The summary is simple. If you find your home occupied, do not act on your own: report it to the police straight away, bring the evidence that the property is yours, and get a solicitor to guide you.
Because squatting in a residential building is a criminal offence, a home that is actually lived in can be cleared quickly. For second homes and unlet properties the timescales are longer, but the protection is still there in full.
On the prevention side, common sense beats anxiety: a property that does not look abandoned and a solid front door cut the risk at its root, by acting on access, which is the real weak point.
If you are thinking about replacing your front door with an armoured one designed and fitted to measure for your home, request a quote: we work it out together, from choosing the model to the fitting.
Frequently asked questions
No, except where you catch someone in the act. You cannot take your home back by force once the occupation is under way: changing the lock, cutting off the utilities or clearing out belongings can leave you committing an offence yourself. The only route is to report it to the police. Only if you catch someone at the very moment they are getting in can you react to stop the occupation before it takes hold.
It depends on the type of property. For a home that is actually lived in, the fact that residential squatting is a criminal offence means the police can act and the property can be cleared quickly. For second homes, inherited properties or commercial units the ordinary civil procedure applies, with longer timescales that depend on the court and the particular case.
They face a serious criminal penalty. In England and Wales, squatting in a residential building is a criminal offence: anyone who lives in, or enters as a trespasser and stays in, someone else’s home knowing they have no right to be there can be arrested and face a fine or imprisonment.
Yes, and it is the first thing to do. Report it to the police as soon as you can. Because squatting in a residential property is a criminal offence, the police can treat it as a crime and remove the trespassers, rather than leaving you to wait for the slow timescales of a civil claim.
The authorities still act, while putting in place the safeguards owed to vulnerable people. The presence of children does not stop the property from being recovered, but it is handled with proper care and with the relevant services involved where needed.
Notes and sources
This article is for general information and does not replace advice from a solicitor or a reading of the law in force. Procedures and timescales can vary depending on the individual case: for your specific situation, speak to a solicitor you trust.
Useful sources to read further:
- Squatting and the law (GOV.UK)
- Protect your home and belongings from burglary (GOV.UK)
