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Read MoreThe 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 MoreAn 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 MoreIf 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...
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