When squatters occupy commercial property, landlords are often faced with an uphill battle to regain possession of their premises. They are often faced with a long struggle to accomplish this goal. Here are a few tips to help you regain possession of a commercial property.
Their action is likely to seek help from the police. The authorities may be sympathetic to the situation but are often reluctant to become involved if the trespasser does not present a clear threat to person or property. Instead, they will tell the landlord that it is a civil matter. A landlord may want to consider appointing bailiffs to enforce eviction. This can be a quick and efficient way to deal with the situation, but without a valid court order, a sophisticated trespasser is often aware of the bailiff’s limited powers.
Before opting for this route, businesses should consider the damage to reputation, as well as potential criminal liability if violence is used or threatened.
Obtaining a court order is the best way to regain possession of a commercial property. It can take several months to get one put in place, though. Landlords can take advantage of an accelerated procedure, which will get them results much quicker.
To get the order issued as soon as possible, the client and its lawyers must convince the court that the application is an urgent one. An employee on site must be able to provide evidence that the order should be issued right away. If possible, the witness statement should be backed up with photographic evidence.
The application for possession must be accompanied by supporting documents to clearly identify the property where the trespass is taking place. A copy of the deed, a lease, or other documents will need to be submitted to the court.
Once all the information has been gathered, the proceedings can be issued. This can take a few days. The trespassers must be served personally with the documents, and this is best carried out by a service agent who can perform the function in a professional manner.
In accelerated proceedings, the hearing must take place a minimum of two days after service. If the order is granted by the court as requested at the hearing, arrangements will be made for the order to be served on the trespassers immediately. At that point, High Court-certified bailiffs can take action and many trespassers move on without incident.
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