Squatter › Tenants and squatters: why the difference matters
Tenants and squatters: why the difference matters
Landlords and tenants sometimes get called squatters by mistake. The law treats the two very differently, and getting it wrong can expose the landlord to a criminal charge.
A tenant is not a squatter
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 contains one express exception. A person who is holding over after a lease or licence ends does not commit the squatting offence, even if they leave and re-enter the building. So a tenant who stays on after a fixed term ends, or after a notice period runs out, is not a squatter in the criminal sense. The landlord must follow the legal process to recover possession.
Likewise, someone who entered with permission, such as a lodger or a guest, was not a trespasser when they entered. The offence requires that the person entered the building as a trespasser. Someone who got in through a title or permission derived from a trespasser is still a trespasser, so a squatter's "sub-tenant" does not have a lawful tenancy.
Unlawful eviction and harassment
The Protection from Eviction Act 1977 makes it a criminal offence to unlawfully deprive a residential occupier of their occupation (or attempt to), and to harass an occupier by acts likely to interfere with their peace or comfort or by persistently withholding services reasonably needed to live there, with intent to make them leave. A landlord or their agent commits an offence by doing the same kinds of acts if they know or have reasonable cause to believe the acts are likely to make the occupier leave. Section 1 defines a residential occupier as someone occupying premises as their home, whether under a contract or because a rule of law gives them the right to remain or limits anyone else's right to recover possession.
The maximum penalty is a fine, up to 6 months' imprisonment, or both on summary conviction, and a fine, up to 2 years' imprisonment, or both on indictment. Criminal liability does not remove any civil claim the occupier may have. Company directors and managers can also be personally liable.
The practical point is simple: until you are certain a person is a trespasser and not a lawful occupier, do not change locks, remove belongings or cut off services.
How to tell them apart
| Question | Points to a tenant or licensee | Points to a squatter |
|---|---|---|
| Did they enter with permission? | Yes, from the landlord or an authorised agent | No |
| Is rent being paid and accepted? | Yes | No |
| Was there a written or oral agreement? | Yes | No, or only from another trespasser |
| Did a tenancy end and they stayed? | Holding over: not a s144 offence | Not applicable |
Landlord steps when a tenant will not leave
- Check the tenancy type and the notice rules that apply to it. These have been changing in England, so check GOV.UK for the current position rather than relying on an older guide.
- Serve any notice correctly and keep proof.
- If the tenant stays, apply to the court for possession. Only court enforcement officers can carry out a possession order.
- Do not use force. Section 6 of the Criminal Law Act 1977 makes using or threatening violence to enter an offence where someone on the premises opposes your entry.
Subletting and unauthorised occupiers
If a tenant lets in other people without permission, those people may be trespassers or may be the tenant's lodgers or sub-tenants, depending on the facts. Look at the tenancy agreement and take advice before treating them as squatters.
If you are a tenant facing eviction
Do not leave only because you have been told to. Ask for the landlord's notice in writing and contact Shelter, Citizens Advice or your council housing team. Unlawful eviction and harassment are crimes, and your council can act.
Related
See removing squatters for the legal process for genuine trespassers and police powers for what the police will and will not do.
This is general information about the law in the UK, not legal advice. Property law is technical, rules differ between England and Wales, Scotland and Northern Ireland, and the facts of your case matter. Check the official sources linked on this page and speak to a solicitor, Citizens Advice or Shelter before you act. Last checked November 2026.