Selling a house with squatters

Selling a house with squatters is never going to be easy, and in a buyers’ market it’s particularly tough. After all, who would want to buy a home that they can’t move into without a lengthy, and often expensive, legal battle to remove the people who are already living there?

In most circumstances, you can remove squatters from your house by legal means, but this can take months to achieve. If they’ve been there for over ten years, you could have a real battle on your hands, and they can even apply to take legal ownership of your property.

If you don’t have the time, the money, or the brain space to deal with the problem, you can still sell a house with squatters by using a cash house buyer. Cash buyers will buy any house, in any circumstances. They’ll take the squatter problem off your hands and deal with it themselves, while you walk away with cash in the bank.

In this article, we’ll take a look at exactly what constitutes a squatter, what rights you and your squatters have, and how to legally remove squatters from your property.

What is a squatter?

Before we talk about selling a house with squatters, it’s important to understand what a squatter is under the law. Squatters are different from trespassers. While both have entered your property illegally, and without permission, squatters intend to stay for longer and take up residence as if this were their own home.

The problem with squatters

It’s easy to understand where the squatter problem comes from. The Government issued a briefing paper in 2020 which said that there were 648,114 empty properties in England alone, with 225,845 of these classed as long-term. At the same time, there’s a severe housing shortage, with Rightmove revealing that there are now 25 applicants for every rental property in England, with average rental prices hitting £1,278 per month. Squatting in one of these empty properties is clearly a very attractive option for some people.

How to remove squatters from a house

In most circumstances, you can have squatters removed from your property, but you are not legally allowed to do this yourself. You must go through the proper channels, and this can be a lengthy, expensive and stressful process. There are a number of ways to remove squatters:

Get legal advice – the first step should always be to get expert legal advice on your rights and the rights of your squatters. Many squatters are clued up on their rights, so you need an expert in your corner or they’ll tie you in knots.
Talk to the police – squatting is illegal if the squatters have entered your property without permission, they know that they have no right to be there, and they have refused to leave when asked. The police have the right to enter the building and arrest squatters. If convicted, they can face a £5,000 fine or six months in prison.
File an Interim Possession Order (IPO) – this is a legal document that must be filed within 28days of you discovering the squatters. It sets a date for a court hearing, and you must inform the squatters, either by posting a copy through the letterbox or pinning it to the door. If the court finds in your favour, and they generally do, the squatters will have 24hours to leave the premises or face arrest.
Employ bailiffs – while you’re not allowed to physically remove squatters yourself, you can employ bailiffs to enforce an eviction order and remove squatters for you. Don’t forget to secure your property afterwards to stop them simply coming back again.

What are squatters’ rights?

If they stay for long enough – ten years for a property registered with HM Land Registry – then squatters gain what’s called squatters rights, and selling a house with squatters becomes even more difficult. If this happens, then they can apply to take adverse possession of the property, effectively taking ownership. You have 65 days to file an objection, and if this is done then the courts will usually deny the application. If the application goes unopposed, then you will lose possession of your property.

What does it cost to remove squatters?

The cost of removing squatters can quickly add up. Initially, you will be charged for any legal advice you take, and this will depend on your choice of solicitor. Having your legal representative file an IPO can cost over £3,000 and hiring bailiffs to enforce a court eviction order will cost anything from £500 upwards. You also need to budget for repairs to the property, as well as changing the locks and upgrading security to prevent the squatters coming back.

Do squatters affect the value of a house?

Inevitably, any problem that complicates a smooth move will reduce the value of a house. When selling a house with squatters, buyers will expect a reduction to cover the time and legal costs of evicting squatters, plus they’ll also expect compensation for the stress and hassle involved. Selling a house with squatters means they won’t be able to move in and live there straight away, so buyers will also have the expense of finding alternative accommodation until the squatters have been removed.

You may also find that squatters have damaged or neglected your property, making selling a house with squatters even harder. Since they don’t own the house, squatters won’t feel the same responsibility to maintain it, and they certainly won’t have decorated or improved it in any way.

do squatters affect the value of a house

How to avoid squatters

They say that prevention is better than cure, and this is particularly true with squatters. The best way to avoid squatters is to strengthen the security of your empty property to stop them getting in in the first place. This may involve significant costs, but it’s still going to be cheaper, and less of a nightmare, than removing squatters once they’re in. Upgrade the locks, install an alarm system and if necessary, board up the windows to prevent access.

You should also do everything you can to make your house look lived in, so it doesn’t attract attention as an empty property. Invite neighbours to park in the drive, visit regularly to cut the grass and maintain the property, and ask neighbours to keep an eye on the place so that you’re alerted as soon as possible if there is a problem. Arranging to have the power and water turned off will also deter squatters.

Selling a house with squatters fast

Let’s be honest, with all the stress and expense that comes with it, selling a house with squatters is not going to happen fast on the open market, even if you offer a substantial reduction. Selling any house fast is tough enough these days, and a house with squatters is simply not a home anyone would want to buy. You won’t even be able to arrange viewings.

The good news is that you can sell a house with squatters to a cash house buyer in just a few weeks. You need to remember that a cash buyer will only offer around 80% of the market value of your home, and that this market value will reflect the squatter situation. That means you’ll get a lot less than you would selling the same home, without squatters, on the open market. That said, if you’re stuck with an unsellable house, any offer is better than nothing, especially if you don’t have the time or the money to take on the squatters yourself.

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