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Eviction through the courts

This content applies to England

How owners/landlords can evict squatters through the courts.

Squatters have the least security of tenure of all occupiers. A owner/landlord can take legal action against a squatter at any time, without giving notice.

A owner/landlord who intends to evict a squatter through the courts may issue a 'claim against trespassers' and apply for an interim possession order (IPO) in accordance with Part 55 of the Civil Procedure Rules 1998.

The owner/landlord may also decide to issue a claim against a squatter under the ordinary possession procedure, although this is unlikely as the above methods of eviction are speedier and specifically tailored for the eviction of squatters.

Claims against trespassers

This section explores court action against trespassers under Part 55 of the Civil Procedure Rules. 

Defences

This section describes the defences a squatter may use when court action is being taken against them. 

Agreement between the parties

This section explains how the squatter and the landlord may be able to reach an agreement. 

Interim possession orders (IPOs)

This section explains how an interim possession order (IPO) can be used to evict a squatter and the penalties involved if a squatter remains or returns after an IPO. 

Costs

This section explains how a squatter may be liable for court costs. 

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