What was the Occupiers Status?

KT Property v Joseph Pritchard Bristol County Court 3 February 2011 This case, although quite rare was in our view certainly interesting and was one that made the mice in our heads revolve on the spinning wheel at great speed and for long periods of time. That being said, full credit must go to Evicthem as they did the vast majority of work. Background During January 2010, the landlord (KT Property) was approached by a prospective tenant but he...

Read More

Trespasser Possession Procedure

Before using this procedure, you should check by reading the other parts of this section that the occupier is truly a trespasser. The claim form should be sent to the county court nearest the location of the property. Two forms are required: Claim form N5 Particulars of claim N121 Examples of the completed forms are available here ... Please login or signup to continue reading this content...

Read More

Trespasser or Tenant?

The definition of when a claim against a trespasser can be made is: “a possession claim against trespassers’ means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;”...

Read More

Interim Possession Order (rarely used)

An interim possession order will rarely be used. It is rather complicated and has strict requirements. In most cases the normal trespassing procedure will be used. This section only deals with the IPO and this procedure should only be used in the simplest of cases. Squatters – Interim possession order a quicker procedure – Information for owners and tenants What is the quicker procedure? It is a procedure in which you can apply to...

Read More

Displaced residential occupier as a result of a trespasser

If a family returned from holiday to find a trespasser in their home, it is an offence for the trespasser to refuse to leave if required to do so by a “displaced residential occupier” (s7 Criminal Law Act 1977). Therefore, the police should be called. Section 6 Criminal Law Act 1977 which prohibits the use or threatened use of violence for securing entry does not apply to a displaced residential occupier. [s6(1A)] Section 61 of the...

Read More