Trespassers
Trespass on commercial property is not a criminal offence – even though trespass on residential property was made illegal under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Trespass is often a risk for landlords when commercial properties are left untenanted – and it is advisable to take expert legal advice as soon as a situation involving trespass on a commercial property occurs, as it may take time to go through court procedures to evict squatters.
Trespass may also involve leasehold tenants who have not left a property after a landlord has obtained a possession order – and in such cases a commercial landlord may have to go back to court for possession of the premises.
Possession orders – Commercial property
If squatters move into a commercial property, it is necessary to apply for a possession order to evict them.
Applying to the court for a possession order involves preparing particulars of claim to be submitted as part of the application.
It may take several weeks for a hearing to be scheduled by the courts in cases involving possession – but it is vital to follow court procedures for evicting squatters from a commercial building.
Using threats or force to evict trespassers or squatters is illegal and a landlord who takes matters into their own hands may incur criminal liability under the Criminal Law Act 1977.
Another option for evicting trespassers may be an interim possession order, however.
Interim possession orders – Commercial property
Housing Law Solicitors can advise commercial property owners on applying to the court for an interim possession order, which could require the trespassers or squatters to vacate the premises within a set period, such as within 24 hours.
There are time limits applicable to applying for and serving possession orders on trespassers – application for interim possession orders have to be made within 28 days of trespass on commercial premises becoming evident to a freeholder.
It is also necessary to prove that an applicant for an interim possession order would have been entitled to immediate possession of the property from the time the trespassers entered illegally.
Housing Law Solicitors advises commercial property owners to contact them as soon as possible in cases of trespass on a commercial property, so that swift action can be taken to protect their interests and property.
In cases where a tenant has failed to vacate commercial premises after a lease has ended, a commercial landlord may be able to claim damages.
Housing Law Solicitors will advise further on damages for trespass once a case has been assessed.
Housing Law Solicitors – Trespassers on Commercial Premises
Housing Law Solicitors has a successful commercial property and property litigation department able to advise on all commercial property matters, including trespass and evicting squatters.
Housing Law Solicitors is usually able to offer a Conditional Fee Agreement (CFA) or a set fee for commercial property cases – and also offers a set fee for the initial assessment of a case, so our clients know exactly what they will be paying.
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Resolving any type of housing issues involves several steps, starting with providing initial advice on outcomes of housing matters. This advice is crucial, as it prevents you from accidentally incriminating yourself or making a mistake that could work against you in court further down the line. At Housing Law Solicitors, we also:
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It is crucial you call us at the earliest possible stage of any housing issues or an anti-social behaviour order. Time is of the essence.What we regard as the best Housing Law Solicitors are waiting to help you. Call us now on 0800 061 4996 . All calls are free from landlines and Mobiles
Drug Offence Specialist SolicitorsWhat To Do Next
Our expert housing solicitors can provide tenants with housing advice and assistance. It’s essential to seek expert legal representation immediately. Time is of the essence. A person who has been facing housing issues has the right to legal representation as soon as they ask for it. Our housing solicitors will uphold your legal rights from the start to ensure that you’re treated fairly and to establish the facts in the case as soon as possible.
If you’re in this kind of situation, don’t hesitate. Call our housing law team on 0800 061 4996. We have our liaison team waiting to help.
Even if your case has progressed further than this, our Housing Law Solicitors can still help. It may be the case that you aren’t happy with your legal representation, or the charges against you have changed. In these circumstances. It’s always better to simply call our friendly housing law team to discuss the details of your case further for expert advice you can rely on. Our housing solicitor liaison team will clearly and honestly lay out the strategic options available to you, offering a realistic prediction of how the case will unfold and advise on how to achieve a positive outcome. We are always waiting to help.
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If you’re facing housing issues or an anti-social behaviour order, contact our experts at Housing Law Solicitors with access in London, Birmingham, Manchester. We are the number 1 choice to provide expert advice and legal representation anywhere in the UK. So, whatever your situation and wherever you are based, we’ll be there for you.
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