Events at Dale Farm have put squatting in the news. However, there has also been increased press coverage recently of squatters’ rights in relation to residential property following recent high profile cases including that of the Harley Street doctor, Dr. Cockerell, and his wife.
Following a recent ruling in which the Judge ordered a London council to publish a list of the empty homes in its borough, Housing Minister, Grant Shapps, referred to proposed Government consultations on making squatting a criminal offence, stating that he wished to “shut the door on so-called squatters rights once and for all and end the misery, expense and hassle that far too many people have had to endure”.
However, it should be noted that it is already a criminal offence to squat a person’s home or a property that a person intends to occupy as their home. This is governed by the Criminal Law Act 1977. Under that Act a home owner already in occupation of the property is termed a “Displaced Residential Occupier” and a person intending to take up occupation as a “Protected Intended Occupier”. In both cases it is a criminal offence for a squatter to remain in the property once they are made aware of the existence of either a displaced residential occupier or a protected intended occupier. In such circumstances the police have the power to arrest, without warrant, any squatter who refuses to leave after a request to do so has been made. Furthermore, the occupiers themselves are entitled to use force to re-enter and reasonable force to remove the squatters from the property.
Squatting a vacant property that is not a home is not, at present, a criminal offence. However, the person with a right to the property does have remedies in the civil courts and they are entitled to apply for an Interim Possession Order which is likely to be granted within a matter of days. Once such an order has been served on the squatters they must vacate within 24 hours. Failure to do so becomes a criminal offence in itself.
Whilst Government moves to both clarify and strengthen laws surrounding squatters are likely to be welcomed by many, it should not be overlooked that, in many circumstances, the criminal law already applies. This is in addition to the civil remedies available.
If your home or property is being squatted the experienced Housing Law solicitors at Hanne & Co are able and happy to assist. You can contact us for confidential advice and assistance on 020 7228 0017 or by email at info@hanne.co.uk
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