Squatting

Squatting is an issue that regularly makes headlines. Although a problem mainly associated with empty homes, landlords can also become victims of squatters – the last thing a landlord wants while they are trying to find new tenants for one of their properties is a group of squatters moving in. 

It can be very difficult, time-consuming and expensive for landlords to remove squatters from their properties. Squatters often cause many thousands of pounds worth of damage and have been associated with drug-use and cannabis cultivation, sexual offences and arson. It is almost impossible for landlords to claim damages from squatters due to their limited financial means.

In order to minimise the risk of squatters, the NLA would suggest that any landlord who has an empty property makes it look occupied:

• Put lights, TVs and radios on timers;

• Leave curtains and blinds at the windows;

• Regularly cut any grass and do the garden;

• Clear mail and rubbish away from any exterior doors;

• Inform the neighbours that the property is empty and ask them to keep an eye on the property, providing contact details in the event of any suspicious activity; and

• Most importantly make sure that all doors and windows are locked securely.

As squatting can have a devastating impact on a landlord’s business, it is imperative that there are effective procedures and processes in place to regain possession should squatters move in.

Recent Government Action:

During summer 2011, the Ministry of Justice conducted a public consultation on what to do about squatting – could existing laws be strengthened to deal with squatters; should the laws that created ‘squatter rights’ be abolished or should squatting become a criminal offence?

 The NLA believed that any new laws to deal with squatting should put the rights of property owners at the centre of the policy. We were of the opinion that creating a new criminal offence would only increase bureaucracy and have limited effect on the actual problem.

 We would like to see a legal framework created where a property owner is empowered to ask a squatter to leave. If that squatter refuses to leave we believe the Police should be able to require the squatter to leave and remove them from the property if necessary.

On 26 October 2011, the Government chose to create a new criminal offence of squatting, incorporating it into the Legal Ad, Sentencing and punishment of Offenders Bill 2011. Details were published as an amendment to the Legail Aid, Sentencing and Punishment of Offenders Bill on 27 October 2011. 

As curently drafted the new offence of 'squatting' is constituted as:

To move the following Clause:—

‘(1)    A person commits an offence if—

(a)    the person is in a residential building as a trespasser having entered it as a trespasser,

(b)    the person knows or ought to know that he or she is a trespasser, and

(c)    the person is living in the building or intends to live there for any period.

(2)    The offence is not committed by a person holding over after the end of a lease or  licence (even if the person leaves and re-enters the building).

(3)    For the purposes of this section - 

(a)    “building” includes any structure or part of a structure (including a temporary or moveable structure), and

(b)    a building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live.

(4)    For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser.

(5)    A person convicted of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both).

(6)    In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.

(7)    For the purposes of subsection (1)(a) it is irrelevant whether the person entered the building as a trespasser before or after the commencement of this section.’.