Does a displayed notice create rights?
No. A printed notice cannot create a tenancy, licence, ownership or immunity from lawful possession proceedings. It may, however, refer to genuine criminal-law restrictions on violent entry.
Property and possession guidance · England and Wales
Squatters’ Rights: Do You Need a Court Order?
A sign on the door does not give squatters an automatic right to remain. Whether a court order is required depends on the type of property, how the occupation began, whether anyone is present and objecting, and whether a safe, lawful non-court route is genuinely available.
The legal route must be identified before entry, removal or enforcement is attempted.
No automatic “squatters’ rights”
Short-term unauthorised occupation does not itself create ownership or a right to stay.
Residential and commercial differ
Residential squatting can be criminal; non-residential occupation is usually approached differently.
Force is not a shortcut
Owners should not use or threaten violence to recover occupied premises.
Immediate answers
The position at a glance
“Squatter” is often used too loosely. These starting points help identify the issue, but documents and facts must be checked before action.
Is a possession order always required?
Not in every conceivable case, but an occupied or disputed building will commonly require the court route. A non-court option must be assessed carefully and must never involve unlawful force or threats.
Is a former tenant a squatter?
Not merely because a tenancy ended or rent is owed. Someone who originally entered with permission may require a landlord-and-tenant possession process rather than a trespasser claim.
Choose the route by status
Four situations that must not be confused
The label attached to the occupier is less important than the legal character of the property and occupation.
Situation
Legal position
Likely next step
Residential building
Squatting in a residential building is a criminal offence where the statutory elements are met. A residential tenant who entered with permission is not converted into a squatter simply by remaining.
Report suspected residential squatting to the police. If possession is not restored, obtain advice on an IPO or ordinary possession claim. Do not attempt forcible self-help.
Commercial building
Squatting in a non-residential building is not, by itself, the residential-squatting offence. Trespass is generally a civil matter, although criminal offences may arise from conduct such as damage.
Assess whether genuinely peaceable recovery is possible. If entry is opposed, risk is present or occupation is disputed, use a Part 55 possession claim or consider an IPO where available.
Open land or encampment
Open land, caravans and traveller encampments require a separate analysis. Building-based squatting rules and IPO terminology should not be applied automatically.
Use the dedicated traveller and trespasser removal service
and assess common-law, statutory, welfare and public-law considerations.
Former tenant or licensee
A person who entered with consent may retain legal protections even after permission is said to have ended. CPR Part 55 expressly distinguishes trespasser claims from claims involving tenants and sub-tenants.
Check the agreement, notices, property type and occupier status. Use the correct tenancy, licence, excluded-occupier or contractual possession route.
Section 6 warnings
What does a “squatters’ rights” notice actually mean?
Notices commonly placed on doors quote section 6 of the Criminal Law Act 1977. The wording on the paper and the underlying law are two different things.
What the paper does not do
- It does not create a tenancy or licence.
- It does not prove that the occupiers own the property.
- It does not prevent a lawful court claim.
- It does not make every peaceful entry unlawful.
- It does not establish adverse possession.
What must still be respected
Section 6 can make it an offence to use or threaten violence to secure entry to premises when someone present opposes the entry, subject to statutory exceptions.
The correct response is therefore not to treat the notice as a source of occupation rights—but equally not to dismiss the legal restriction it quotes.
Read section 6 on legislation.gov.uk →Do not attempt a forced removal
Do not break in, push past an occupier, threaten violence or physically remove people on the assumption that ownership alone makes the action lawful. The safest route where occupation is active, opposed or disputed is ordinarily legal advice and possession proceedings.
Operational decision
When is a court order likely to be needed?
A brief site description is not enough. The proposed route should follow a structured check of title, occupation, consent, opposition and risk.
Confirm entitlement
Identify the person with the immediate right to possession and obtain title, lease or written authority supporting the instruction.
Establish how entry occurred
Determine whether the occupiers entered as trespassers or originally had permission as tenants, licensees, guests or contractors.
Assess presence and opposition
Confirm what is known about people inside, objections, access, vulnerability, children, animals, hazards and conflict risk.
Select the lawful route
Use police reporting, a possession claim, IPO or a carefully assessed non-court route as the circumstances and legal authority require.
Civil Procedure Rules Part 55
The two principal court routes against trespassers
An ordinary possession claim and an Interim Possession Order are related but distinct procedures. An IPO has strict eligibility and service deadlines.
Ordinary possession claim
A possession claim against trespassers is made under CPR Part 55. Where occupiers are not known by name, the claim must include “persons unknown” as defendants.
- The claim must establish the claimant’s right to possession.
- Claim documents and supporting witness statements must be served in the prescribed way.
- For trespasser claims, the minimum service period before the hearing differs between residential property and other land.
- A final possession order may then require enforcement by the authorised court route if occupiers do not leave.
Interim Possession Order
An IPO is an urgent interim procedure for qualifying recent trespass to premises. It is not available simply because a fast result is wanted.
- The only claim must be possession against trespassers for premises.
- The claimant must have had an immediate right to possession throughout the unlawful occupation.
- The claim must be made within 28 days of when the claimant first knew, or ought reasonably to have known, of the occupation.
- It is not available against someone who entered or remained with qualifying consent.
- If granted and properly served, the IPO requires vacation within 24 hours; the final possession claim must still continue.
Enforcing final possession:
do not assume that obtaining a sealed order authorises a private physical eviction. Where occupiers do not comply, the order is generally enforced through a County Court warrant or, where permitted and authorised, a High Court writ. See our High Court transfer guidance.
Practical possession support
How UK Bailiffs can assist
We identify the operational information and authority needed for the proposed instruction. Where legal entitlement or procedure is disputed, a solicitor should determine the legal route.
Support matched to the authorised route
- Initial review of the property, occupier status and documents supplied
- Risk assessment and operational attendance planning
- Professional service of court and IPO documents where instructed
- Coordination with solicitors, locksmiths, security and authorised officers
- Documented attendance and possession outcomes
- Post-recovery securing and property-support arrangements
Common questions
Squatters, notices and possession
Can I change the locks while squatters are out?
It may be possible to secure empty premises where lawful possession has been recovered peaceably, but this should not be treated as a universal shortcut. You need reliable information that no one is inside, clear authority, a plan for belongings and an assessment of the risk of confrontation or disputed occupation.
Can squatters be removed from a residential property by the police?
Squatting in a residential building is a criminal offence where the statutory conditions are met, and suspected residential squatting should be reported to the police. Police involvement does not remove the need for a civil possession route in every unresolved or disputed case.
Can an IPO be used after 28 days?
The IPO claim must be made within 28 days of the date the claimant first knew, or ought reasonably to have known, that the defendant was in occupation. If that deadline has passed, an ordinary possession claim may still be available.
Is a squatter the same as a tenant who will not leave?
No. A tenant, sub-tenant or licensee who originally entered with consent may require a different possession process. Misclassifying the occupier can invalidate the proposed route and expose the owner to legal risk.
Do squatters own the property after 10 years?
No automatic transfer occurs. Adverse possession is a separate process with strict evidential and registration rules. GOV.UK states that an application may be possible after 10 years’ continuous occupation of registered land, or 12 years for unregistered land, but registered owners can object and further conditions apply.
Can UK Bailiffs decide a disputed legal entitlement?
No. We can assess the operational instruction and authority provided, but we are not a law firm and do not determine disputed title, tenancy or possession rights. A suitably qualified solicitor should advise where entitlement or procedure is uncertain.
Related guidance
Continue with the correct possession route
Need the situation assessed?
Send the property address, proof of your authority, when the occupation was discovered and any documents already obtained. We will identify the information needed to assess the available operational route. Submitting an enquiry does not mean that an instruction has been accepted.
General information for England and Wales only. This page is not legal advice and does not replace advice on the facts of a particular case. UK Bailiff Services Ltd is not a firm of solicitors. Last reviewed: September 2026.
