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;” [CPR 55.1(b)]

An “occupier” of premises has great powers in dealing with trespassers. However, normally where a landlord (who is not an occupier) turns up at a property to find persons in occupation, a possession order will normally be required. The hearing date for trespasser claims is normally much quicker than a tenancy case and is detailed below.

This page covers the following examples:

Two occupants of a property where only one is named as a tenant. Tenant vacates, leaving the other occupant in possession

Tenants vacate but give the keys to another person(s) who takes up occupation after the tenant has surrendered the tenancy.

Landlord turns up to an empty property to simply find persons are in occupation (whether by forced entry or not)

Position of persons in occupation other than a tenant

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