Gordon Ramsey is currently dealing with a troublesome situation – squatters have taken over his empty pub in London. They’ve boarded up the windows and posted a “legal warning,” indicating they’re there to stay.
Dealing with squatters in a commercial building is not as simple as in residential properties. It’s not a crime to squat in a commercial property, though causing damage, theft, or unauthorized use of utilities is not allowed. If the police aren’t willing to step in, which is often the case, your next option is to take legal action via the civil courts.
To regain possession of your property, you’ll need to apply for a possession order from the court. You must prove that the squatters are there without permission and support your claim with witness evidence. Most likely, you’ll file a claim against “persons unknown” since squatters are usually anonymous. After the court issues your claim, it’s up to you or your lawyer to make sure it’s correctly served on the property or land.
But even with all this, squatters may not leave. The next step is a possession hearing. If the court rules in your favour and the squatters stay put, you can request a bailiff, with a locksmith, to clear out and secure the building. This can be done through County Court or High Court, with the latter requiring evidence of a significant risk of public disturbance or harm to people or property – a higher threshold but potentially faster process.
This process isn’t quick, particularly in the County Court, where it can take months. A quicker method is an interim possession order, but you need to act fast and have an ongoing right to possession. This order must be applied for within 28 days of discovering the squatters and served within 24 hours of making the application. The court has the power to overturn such an order if it turns out it shouldn’t have been granted.
Ignoring an interim possession order is serious because you can then involve the police to arrest the squatters. Police willingness to do this varies, making it a speedier but somewhat riskier choice. It seems that Mr. Ramsey’s company has chosen to seek a possession order through the High Court instead.
It’s not clear whether Mr. Ramsey will use bailiffs to remove the squatters and secure his property. The squatters claim to have made a deal and plan on staying, leaving the outcome uncertain.
If you want to handle squatter issues promptly and effectively in commercial or residential properties, it’s crucial to act swiftly and seek early legal advice. If you have questions or concerns about your property, don’t hesitate to reach out to Molly Frankham or the Ellisons’ Property Litigation team for guidance.
