An empty home can look perfectly undisturbed one week and be occupied without your permission the next. For landlords in London and Kent, that possibility makes vacant property security more than a matter of sturdy locks: you need a clear prevention routine, insurance arrangements you understand and a calm plan for responding.
The phrase “squatters’ rights UK” can make the rules sound murky. For residential buildings in England and Wales, however, squatting is a criminal offence in defined circumstances. What matters is acting promptly and lawfully, and not turning a difficult situation into a worse one by attempting a DIY eviction.
What does the law say about squatting?
Under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, it is a criminal offence for a trespasser to be living in, or intending to live in, a residential building. The law applies in England and Wales.
A key distinction: a former tenant who stays after their tenancy ends is not automatically a “squatter” under Section 144. Their situation is generally a possession matter between landlord and tenant, and the correct legal route may differ. If you are unsure who is occupying the property or what rights they may have, get legal advice before taking action.
Commercial buildings are treated differently. Squatting in a commercial property is generally a civil matter rather than the residential criminal offence described above.
In short, the law gives you routes to recover a residential property, but it does not give you permission to remove people by force.
Why prevention beats recovery
If squatters are in a residential property, you may be able to apply for an Interim Possession Order (IPO). You must apply within 28 days of discovering the occupation, or when you ought reasonably to have discovered it. If the court grants an IPO, it must be served within 48 hours. The occupiers then have 24 hours after service to leave or risk arrest.
Those deadlines are tight, and an IPO is a court process, not a permission slip for a landlord to take matters into their own hands. If more than 28 days have passed, you will generally need to use an ordinary county court possession claim instead. Seek prompt legal advice about the right procedure for your circumstances.
Prevention is usually a more straightforward way to protect an empty property. A regular routine helps you spot signs of attempted entry, deal with issues quickly and keep a useful record of what happened and when.
Vacant property security: a practical checklist
Use this checklist when a tenancy ends or a property is expected to remain empty. Match your arrangements to the property and, especially, to your insurer’s instructions.
- Check doors and windows. Ensure locks are in good condition and all accessible openings are secured. Repair damage promptly.
- Secure the letterbox. Consider a suitable sealed or blocked letterbox to reduce unwanted access and avoid a visible pile-up of post.
- Use alarms and lighting. Check that security measures are working and are used as intended. Appropriate lighting can also help make the property appear cared for.
- Keep the exterior orderly. Remove obvious signs that the home is being left unattended, including accumulated post and rubbish.
- Ask a neighbour to keep an eye out. Give a trusted neighbour a way to contact you or your managing agent if they notice suspicious activity. Do not ask them to confront anyone.
- Arrange regular vacant-property inspections. Visit at the frequency required by your insurance policy, and check whether it calls for internal as well as external inspections.
- Keep a clear evidence log. Record the date, time, person attending, areas checked, findings and any follow-up. Take dated photographs where appropriate, and retain records of repairs or notifications.
Your inspection schedule is not one-size-fits-all. Vacant property insurance UK policies set their own definitions, conditions and inspection intervals. Read the policy and any endorsements, then ask your insurer or broker for written clarification if anything is unclear. A well-kept log helps show what you checked; it does not guarantee that a claim will be covered.
What to do in the first 48 hours
Finding someone in your property can be alarming. Focus on safety, evidence and the correct process.
- Do not confront the occupants. If there is immediate danger, contact the emergency services. Otherwise, report suspected residential squatting to the police and explain that the building is residential.
- Do not attempt a DIY eviction. Do not use force or threats to remove people. Self-help eviction can itself be a criminal offence.
- Get legal advice promptly. Ask an England and Wales housing solicitor to assess whether the occupants are trespassers, former tenants or in another situation, and whether an IPO is appropriate.
- Note when you discovered the occupation. Keep a contemporaneous record. The 28-day IPO deadline is important, so do not delay while trying to resolve the matter informally.
- Document what you can safely observe. Record the condition of the property, any visible damage or signs of forced entry, and relevant communications. Preserve existing photographs, access records and evidence of your right to possession.
- Contact your insurer or broker. Explain that unauthorised occupation has been discovered, ask what the policy requires and keep written records of the response.
If an IPO is granted, it must be served within 48 hours of being sealed. The occupiers then have 24 hours after service to leave. Follow your solicitor’s advice on service and enforcement; do not treat the deadlines as authority to remove occupants yourself.
How can unauthorised occupation affect insurance?
An empty building may be subject to different terms from an occupied rental. Your insurer’s definition of “unoccupied” and any security or inspection conditions depend on the policy. Unauthorised occupation may also change the risk or affect what you need to report.
Tell your insurer or broker promptly when the property becomes empty, and again if you discover unauthorised occupation. Ask what steps you need to take to maintain cover and request confirmation in writing. Do not assume that a standard landlord policy automatically covers every period of vacancy or every incident.
For an empty property insurance landlord file, keep the policy wording, insurer correspondence, inspection records, dated photographs and details of action taken. This provides a clearer account of how the property was monitored and how you responded to problems. For more guidance, read our articles on vacant property insurance compliance and unoccupied property insurance requirements.
Build a reliable record while the property is empty
A consistent inspection record can help you track changes, identify concerns and manage handovers between landlords, property managers and letting agents. The important thing is to record what was actually checked, not simply that someone “popped round”.
Evestaff Property Inventory Clerks was founded in 2012 and has served London and Kent for more than 12 years. Our highly experienced clerks use modern technology to produce meticulous, precision-focused property documentation. We are accredited members of ECMK. The Perfectionist approach is particularly useful when a property is empty: small details, from a damaged lock to a new sign of entry, deserve a careful record.
Explore our residential property services if you need professional support with property documentation. An inspection report can support your records, but always check that the service matches your insurer’s specific requirements.
The landlord’s takeaway
Secure the building, keep up with inspections and confirm your insurance conditions rather than guessing. If you find unauthorised occupants, contact the police, avoid self-help eviction and get legal advice quickly. The 28-day IPO window can matter, and a careful record can help you explain what happened and when.
If you are booking with Evestaff for the first time, new customers receive 10% off their first booking. And if another landlord or property professional could use our help, you can casually point them towards our Refer a Friend offer.
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