Even if they have not broken into the premises – which would be a crime in itself -  squatting is a criminal offence (under the Criminal Justice and Public Order Act 1994, a copy of which can be downloaded from www.opsi.gov.uk). But that does not mean that squatters (people who have entered and are living in a property without permission) do not have rights, or that they are any the easier to evict. Force must not be used. Unless friendly persuasion works, a court order will be required to regain possession.

Courts are usually reluctant to make people homeless and local authorities are usually not inclined to advise people with nowhere to go to leave any accommodation until they absolutely have to. This means landlords who find themselves in the unfortunate position of having unwanted squatters in their property simply have to sit it out until the full legal niceties are observed.

This involves obtaining an Interim Possession Order, usually from the County Court local to the property. The claim can be made against ‘persons unknown’ and should be made within 28 days of first becoming aware of the squatters (or of the date you could reasonably be expected to have become aware of them). An interim order may not be sought against anybody who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right of possession (say, a tenant whose tenancy had not expired).

The squatters will have to be informed of the application, if necessary by fixing a notice to a door. According to HM Courts Service, decisions on applications for Interim Possession Orders are usually made within a few days (the relevant application forms and further advice can be obtained from the Courts Service website (www.hmcourts-service.gov.uk – search for ‘squatters’).

The effects of an interim possession order are serious and the Court will wish protect the defendants’ interests if the order is later set aside. So the landlord will be asked to undertake to allow the defendants back in and pay them damages should it later turn out that he or she was not entitled to the order, and not to let the premises to anyone else or damage them, or dispose of any of the defendants’ possessions until the court makes a final decision on right to possession.

It is not a requirement that these undertakings be made, but the court will take a willingness to do so into account when deciding whether or not to grant an Interim Possession Order.

If such an Order is obtained, it must be served on the occupants within 48 hours. After that the squatters must leave within 24 hours – if they do not they will be guilty of a criminal offence and the landlord can ask the police to arrest them. If they are subsequently convicted, they may be imprisoned, or fined, or both.

When applying for an interim possession order, the landlord should also make an application for a final order for possession, which will usually be made at a hearing shortly after the interim possession order has been made.

If, for some reason, it is not possible or appropriate to seek an Interim Possession Order, the position is not lost, but a full court hearing will have to be undertaken before the property can be claimed back, and this will take longer.

The Ministry of Justice website (www.justice.gov.uk) has further information on all possession and interim possession claims (search for ‘possession claims’).