Selling Property With Squatters

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Squatters are people who enter an empty home without permission and live there, and try to claim ownership based on how long they have been in the property. Having squatters in a home you’re trying to sell can make it more difficult to attract buyers. However, a fast and fair sale of your flat or house may still be achievable by considering options in the guide below.

1. When is a property defined as having squatters?
2. Understanding squatters’ rights when selling your property
3. Your choices for removing squatters from your home
4. Preventing squatters from living in your empty property
5. Deciding how to sell your home with squatters
6. Questions and answers about selling property with squatters

Be sure to obtain professional legal advice for all matters relating to squatters to ensure you are taking the correct approach.

When is a property defined as having squatters?

The general definition of a squatter is someone that enters a freehold or leasehold property, which is often vacant, and starts living there without any legal or other right to be in the home, and who has never made any type of agreement with the owner to live in the property.

This is different from trespassing, which can be a civil or criminal act (article on trespassing laws from Working The Doors) and refers to someone unlawfully entering a private premises where they have no right to be. Trespassing typically is very short in duration, whereas squatting is the act of living in a home the person doesn’t own.

If you own a property that has squatters and you are attempting to sell it, you might find that it’s harder to sell compared to a home that does not have them. That’s because some buyers might be discouraged by the presence of the squatters, and lose interest in purchasing your property, for example if they have concerns that the squatters could return even if they are evicted.

The rest of this guide details the potential legal issues involved with having squatters in a property that you’re trying to sell, as well as advice on possible steps to improve your chances of selling – such as the ideal option for finding a buyer in the shortest time possible.

Understanding squatters’ rights when selling your property

If you’re the owner of a home with squatters, it’s important to understand that they unfortunately have some rights under UK law that can make it harder to get them out of the property in certain circumstances. Be sure to read the UK Government guidance on squatting and the law.

Learning about squatters’ rights could be crucial when trying to sell your house or flat, because potential buyers might want to know about any legal fight they could have if they purchase your property and the squatters remain. Being able to provide as much information as possible on this issue to anyone interested in purchasing your home could help to keep them interested in the property.

Under the current law, a squatter will obtain some legal rights to your home if they can meet certain criteria. Typically, the squatter will need to prove that they lived full-time and continuously in your flat, house or other type of property for a decade. This requirement increases to 12 years for any property that has not been registered with the HM Land Registry – a non-ministerial department of the government that registers ownership of properties in the UK.

The squatter will also need to demonstrate to the government that they have been acting as the actual owners of the property during the time that they’ve been living in it.

And the final criteria that a squatter would need to prove to obtain rights in your home is that they have been living in the property without ever getting your permission to do so.

If a squatter can satisfy all of these conditions, they can then fill out their details on what’s known as a form for adverse possession, which is essentially their formal application to take over ownership of the property. The squatter will need to submit this form to the HM Land Registry, which will have the final decision on whether or not to approve it.

If the form is rejected, you will retain full ownership of your property and can take steps to try evicting the squatters. If the form is approved, you will have just 65 days in which to either agree with the decision or object, which typically means that the squatter’s attempt to take over the ownership of your house or flat is automatically thrown out. If you do not file an objection within the 65 day deadline, the squatter will then be registered for ownership of the home.

Be sure to check latest guidance and obtain professional advice to ensure you know the current law before taking action.

Your choices for removing squatters from your home

If your property currently has squatters, you have a few options for trying to remove them when trying to find a buyer.

Contacting the police to arrest squatters at your home

One way that you can attempt to get rid of squatters is by contacting the police, because there are certain conditions in which squatters can be removed from a home if the police believe that laws are being broken. The Police and Criminal Evidence Act 1984 gives police officers the legal authority to enter a building to arrest someone for squatting, and they can do this without a warrant.

Squatting in a house, flat or other type of residential property is considered to be a crime under several criteria established in another law, the Legal Aid Sentencing and Punishment of Offenders Act 2012. This law makes clear that residential squatting is an offence if:

• Someone entered the property as a trespasser and then stayed there
• That person knew, or should have known, that they were trespassing
• They have been living in the home for a long time, or have plans to do so
• You have formally requested that the person leave your property and they refuse

If someone that is squatting at your property is arrested by police, evicted, and then prosecuted for their crime, they could face up to six months in prison and a fine of £5,000.

Filing an interim possession order for your property

Another way that you can attempt to get squatters out of your home is by filing for an interim possession order (IPO), which is a formal attempt to reclaim your property.

You have to file this order using what’s known as Form N130 and this must be submitted to the county court in your area. The deadline for filing this form is within no more than 28 days of the date on which you discovered that someone has been squatting in the property.

As part of this process, you will be required to either attach a copy of the form to the front door of your home where the squatters or living, or post the form through the letterbox. You’ll also need to include a form for the squatters to outline their defence for staying in the property. And you will also be required to tell the squatters of the location and time of a court hearing, where a judge will be tasked with reviewing the facts of the case and claims by you and the squatters.

In the event that a judge sides with you and orders the squatters to leave your home because you retain full ownership of it, they must vacate it within 24 hours or they risk being arrested and put in prison. They will also be forced to not go near your home for at least a full year.

Preventing squatters from living in your empty property

One way to prevent squatters from ever entering your home is to invest in some security measures that would make it harder for them to enter the property. Some of these options are relatively quick and low in cost, whereas others might be expensive and more complicated.

On the low cost side of strategies are steps like installing strong, unbreakable locks on doors and windows, or placing lockable shutters over any potential entry points. This will have the simple but effective result of hopefully making it impossible to get in to the property.

More elaborate measure for protecting your property include paying for a guardian who will essentially be a live-in caretake for the home, providing you without around-the-clock security and the reassurance that someone you know is at the premises at all times. However, this can be a very costly solution and one that many homeowners might not be able to afford.

It’s also possible that you simply don’t have any time, money or effort to spare with pursuing such steps for your property that has squatters before you try to find a buyer. That’s perfectly reasonable, and as the next guide explains there are still ways to potentially get a quick sale of your house or flat whilst managing to avoid unnecessary commission and other fees.

Deciding how to sell your home with squatters

In the scenario where you do not have the time, money or energy to try either negotiating with squatters to leave your home, or to pursue legal action to evict them, the good news is that you can still try to find a buyer – but you should be aware it will likely be a significantly tougher process compared to putting an empty freehold or leasehold house or flat on the market, because of the presence of squatters.

This section outlines the four most common choices for selling a property in the UK, detailing the pros and cons of each method. There are prominent advantages with each of the options, but a few of the selections also come with some disadvantages in terms of costs and time.

In order to identify the selling method that best fits your particular needs and wants, it can be helpful to write down a budget for the sale which includes relevant information such as how much money you are willing to spend, the amount of time that you are prepared to wait before you receive a buyer’s offer, your target sale price, and anything else that may be relevant. Compare these facts against the details below to help guide your decision on selling.

Using a property auctioneer

Auctions are not usually the speediest way to sell a home, because they include several steps that take up a lot of time. For example, you will usually have a wait of many weeks or longer between the day on which you enter your property for sale and the day on which the auction happens.

If your home sells at an auction, the winning top bidder typically has about 28 days to finish all of their tasks to complete the sale, such as signing all the crucial paperwork. Some auctioneers give the buyer even more time, whilst others set shorter deadlines. Either way, you can always ask individual companies if they could be willing to require the buyer to meet a faster timeline.

Just be aware that many property auctioneers might not have any experience with selling a home that has squatters, and if that’s the case they could find it difficult to know how to get bidders interested in your house or flat. Ask auctioneers for their history with selling your type of home, and if they have never done so, you should consider other options for finding a buyer.

Another negative aspect of selling this way is that auctioneers will make you pay commission for the time and money they spend in trying to find a buyer for your home. This fee is taken immediately out of the sale proceeds, which will add to your eventual costs if you decide on this selling method.

Some auctioneers could set lower or higher rates of commission, but you should always ask if you can negotiate a reduced fee, or have the winning high bidder pay some of your costs.

Using an estate agent

Selling your home through an estate agent frees you up from having to do much work to find a buyer. That’s because the estate agent will be responsible for developing and advertising the listing for your property, organising viewings for potential buyers, and hearing any offers from serious buyers.

In exchange for all of this work, estate agents expect to be paid commission. They usually charge as a percentage of a home’s final sale price, and this fee is subtracted from the proceeds right away, which adds to your selling costs.

Using an estate agent can be quite a time-consuming way to sell, and you shouldn’t be surprised if your home remains on the market without any offers for more than a full year. That makes selling through an estate agent often the slowest way to find a buyer, and it can take even longer for homes that have “problems” such as the presence of squatters.

Just as auctioneers might have zero experience with selling homes that have squatters, the same is true for estate agents. Ask individual companies if they have sold such properties in the past, because if they have not, it’s likely they won’t know how to attract buyers to your home.

Using a quick home buyer

By far, this is usually the speediest way to sell a home, because most quick home buyers are able to complete the process of buying a property within just a few weeks – and that includes the time it takes for all the vital steps like exchanging contracts and paying you the proceeds.

They’re able to buy properties so quickly because they have the financial resources available for making immediate purchases. As a result, they don’t have to first apply for a mortgage to fund buying your property, which is a process that otherwise might take many weeks or months.

The trustworthy quick home buying companies also commit to never charging owners any fees when buying their properties, which can help you with keeping your selling costs low. Compare that to using an estate agent or auctioneer, two methods of selling that will require that you pay commission that is taken immediately from the sale proceeds, increasing your total costs.

Another key benefit of using a quick property buyer is that they are able to consider making fair and fast offers to purchase all manner of homes, regardless of the air, condition, shape, size or type. That includes not only properties with squatters, but also many other scenarios such as homes under noisy airport flight paths, property with chancel repair liability, flats with extensive dry rot, houses with asbestos, properties that have solar panels, vandalised homes, flats with noisy neighbours, regulated tenancies, properties that don’t have planning permission, and many other scenarios.

For all of these reasons, if you’re trying to sell a home with squatters, you may wish to consider using a quick buyer like LDN Properties, a company founded in 2003 that makes competitive and rapid offers for purchasing almost any type of home. It’s a streamlined, no-stress and hassle-free way to find a buyer for your house, flat or other type of property.

Trying to sell on your own

Another way to try selling your home with squatters is doing so on your own, which means that you are responsible for all the work in trying to attract a buyer for the property.

This includes preparing a listing for your house or flat, paying to advertise the listing in local newspapers and other media, organising and leading viewings for potential buyers to view your property, and hearing offers from serious buyers – ideally through to exchange of contracts. It’s a large amount of work and won’t be something that you can only do in your spare time.

Selling on your own can require a lot of your effort, money and time, and as a result may be very stressful. That’s why it’s usually only recommended for those people with experience selling their own homes, or that have a family member or friend with knowledge of how to sell properties who may be willing to help for free with finding a buyer for your property.

This can be one of the slowest ways for selling a house or flat, and it might be at least an entire year or more before you receive a genuine offer from a buyer for the property. If your top aim with selling is doing so as speedily as feasible, you should look into other options.

Selling on your own does have the clear benefit of not having to pay an estate agent or auctioneer any fees, which can reduce your costs with trying to find a buyer. But these savings may be offset by the funds you’ll need to spend with advertising your property.

Top queries and answers about selling a property with squatters

Property owners wanting to sell their home quickly typically have a few questions for us, ranging from the condition the property should be in before selling through to selling a home with tenants. Here are some of the top questions we’re asked about selling a property with squatters: