Possession Claim against Trespassers

Regaining possession of a property that is unlawfully occupied is a key right for property owners and landlords. Under CPR 55, there are distinct routes and different types of possession orders, such as standard possession claims, claims against trespassers, and application of interim possession orders. It is essential that landlords and owners start by choosing the correct route for their situation.

This article explains when CPR 55 applies, how to manage a claim, and how long it takes to regain possession of a property and enforcement, in the context of trespassers.

What CPR 55 Covers and When It Applies

CPR55 provides the court procedure for all possession claims for land in England and Wales. 

One category within it is a possession claim against trespassers. This route allows a landlord to bring a possession claim against someone who has entered or remains in a landlord’s property without their consent, including trespassers and squatters who have never had permission to occupy the land. 

This differs from tenants who had permission, but whose tenancy has since terminated. These claims against tenants proceed as standard possession claims. 

However, a possession claim against trespassers can also be used against former licensees, people who occupied the property under a licence, who have remained on the land without consent. If they remain in possession, they are considered trespassers.

A CPR 55 procedures apply to residential and non-residential properties.

Who Can Bring a Possession Claim against trespassers?

Any possession claim under CPR 55 may be brought by the property owner or landlord to regain possession of the premises. In practice this is commonly the freeholder, leaseholder, mortgagee, or landlord (or their duly authorised agent).

How a Possession Claim against Trespassers Is Started

Proceedings to regain possession must be started in the county court and can be issued at any county court. However, the claim will be sent to the county court hearing centre, which covers the property rather than the claimant’s location.

Only exceptional circumstances justify issuing to the High Court. 

The Key Documents Required

• A claim form, Form N5.
• Particulars of Claim: Form N21 is used for possession claims against trespassers, which states in a brief format the facts that the claimant relies on and identifies the property that is the subject of the claim. The form must also give the status of the claimant and their right to claim possession, and provide details of how the property was occupied without consent.
• Evidence: Witness statements which corroborate the facts in the particulars of the claim.
• Defence: A defence form (N11) with the claim documents to the defendant. There is no legal requirement for a squatter to file a defence.

Service Requirements and Time Limits

All these documents, plus a blank defence form (N11), must be served on the defendants. Where defendants are persons unknown, which is usual for a possession claim against trespassers, you can serve documents by attaching copies to the main door of the property or some other part of the building which is clearly visible.

If there is a letterbox, copies can also be posted through this in a transparent envelope, so they are easily identifiable, and addressed to ‘the occupiers’.

Another alternative is to insert stakes on the property which are clear to see, like along a drive or pathway, and attach the documents to each stake in a clear envelope, so the contents can be seen.

Documents must be served at least five clear days before the hearing date if the property is residential; this excludes weekends. For commercial/non-residential properties, there’s a lower notice period of two clear days.

It’s crucial to follow the correct legal process, otherwise the claim may be invalid and unenforceable.

Hearings, Timelines, and Court Allocation

The hearing date is fixed by the court when it issues the claim form. For trespasser claims minimum service periods apply as above

The standard target period between issue and hearing is not more than eight weeks, although local backlogs can extend this. 

On the hearing date, the court may decide the case or give case management directions, particularly if the defendant has a detailed defence.

Directions also include which track the case is allocated to: small claims track, multi-track, or fast track.

Possession Claims Against Trespassers and Persons Unknown

CPR 55 allows property owners and landlords to evict people whose identity is unknown, which is usually for a possession claim against trespassers. The claim is brought against ‘persons unknown’ and can also include named defendants if their identity is known.

Enforcement

A possession order does not by itself remove occupiers. Enforcement is the legal process by which a possession order is executed to ensure that the owner or landlord regains possession. Enforcement must be via the court process and certified enforcement officers or bailiffs.

Enforcement is by warrant of possession in the County Court. County Court Bailiffs execute the enforcement of a warrant for possession, not the owner or landlord. They carry out the eviction, returning the vacant property to the landlord or owner.

Court permission is required in various situations, including where more than three months have elapsed since a trespasser possession order. In all cases, occupiers must be given at least 14 days’ notice of the eviction appointment unless an exception applies. Local bailiff resources can affect timescales. 

If the court permits, you can apply to the High Court for a writ of possession in the High Court, executed by High Court Enforcement Officers. A landlord must obtain leave from the court to do this with supporting justification, such as squatters’ behaviour, property value, or general urgency. The right to transfer is discretionary. The High Court Enforcement Officers is often quicker and more flexible than the county court bailiffs. 

Using self-help (like attending the property and entering) risks you being liable for unlawful eviction and other offences.

Section 6 of the Criminal Law Act 1977 prohibits actual violence or the threat of violence to secure entry to premises without lawful excuse.

Frequently Asked Questions

Does CPR 55 Apply to All Residential Possession Claims?

Yes. Part 55 contains the general procedure for possession of land. Within it, special rules govern claims against trespassers, accelerated claims for certain ASTs, and IPOs. Claims against tenants and licensees usually proceed under the general rules rather than as trespasser claims.

Can a Possession Claim Be Issued in the High Court?

A possession claim is only issued in the High Court in exceptional circumstances, including the prospect of serious harm to property or people, where there is a strong likelihood of public disturbance, or an important point of law. Stating in the wrong court risks transfer and disallowed costs. Cases with High Court potential must have early and strategic legal advice.

What Happens if the Defendant Does Not Attend the Hearing?

There is no requirement for an acknowledgement of service and, in trespasser claims, no requirement to file a defence. The court may determine the claim at the first hearing based on the evidence filed, provided service and the grounds are proved. 

How Long Does It Take to Enforce a Possession Order?

County Court bailiff appointments can take several weeks or longer. High Court enforcement can often be arranged more quickly once permission is obtained, but it is discretionary and fact‑sensitive. A minimum of 14 days’ notice of eviction must ordinarily be given.

Get Advice on CPR 55 Possession Claims With Helix Law

Choosing the right possession order for your situation and then following the procedure correctly is vital to achieving a successful outcome – an empty property. This is only achievable with early and targeted legal advice.

The professional property team at Helix Law provides property owners, managers, and landlords with strategic and expert help, acting to support possession, and protect residential and commercial properties from unwanted tenants and squatters.

Get in touch with Helix today for further advice. Our property litigation team act in disputes nationally and will be happy to assist you.