Squatters Rights About to be Wrongs
Published 31/05/2012 As uncertainty surrounding the housing market continues, there is one type of unwanted dweller that has seen an increase in recent months.
Squatters are no longer focusing their attention on abandoned old houses or derelict danger-zones; a new breed of educated ‘Mansion squatters’ is on the increase.
There are an estimated 100,000 instances of squatting in the UK each year, a number set to increase with the launch of dedicated websites offering help and advice on how to be a squatter, increasing the understanding of the law surrounding squatter’s rights.
In many areas where this had never before been a problem, people have begun noticing this strange new phenomenon. One of the main problems with squatters is that they have no incentive to look after the properties they inhabit. On top of this they pay no rent, mortgages, or other expenses related to the upkeep of the property.
Often, having squatters in a property can mean drugs and other smimilar vices, not to mention graffiti and property crime. In the more extreme cases these activities can spread into the neighbouring area, creating problems not only for the homeowner but also for the neighbours.
Even the rich and famous are not safe from this new breed of middle-class, well-educated ‘house sitter’ with Madonna’s ex-husband, film director Guy Richie, falling foul of squatters in his £6 million London home, even Colonel Gaddafi’s home in Hampstead could not escape this new invasion.
Squatting is becoming an increasingly serious issue and not a trend limited to the UK, there are increasing reports from America of more and more properties being taken over by squatters. There they have been dubbed ‘Mansion squatters’ as multi-million dollar homes are targeted.
Under current UK law, squatting is treated as a civil matter not a criminal act, whilst breaking into a property is a crime, entering and residing in a property that was not properly secure is not an offence.
The coalition government is acutely aware of the damage and misery squatters can cause and has vowed to make squatting a criminal offence, with the first motion, backed by 21 MPs, presented at Downing street on the 4th of April. From 1st of September this year squatting will become a criminal offence following the legislation to protect homeowners being passed by Parliament on 1st May 2012.
Under the proposed changes, squatters will face up to six months in jail and a maximum £5,000 fine if they move into a homeowners’ property without permission.
This will be the first time that squatting has been deemed a crime and has caused uproar among charities and other campaigners who have complained that the legislation contained in the government’s Legal Aid and Sentencing Bill will increase the number of people living on the street and criminalise the homeless.
But homeowners do need more power to remove squatters and take back their homes, 1st September will see squatters rights turn into squatters wrongs.
About Julie Ford
Julie Ford has over 8 years experience in the rental and property management sector specialising in landlord and tenant law and offers free help and advice to consumers.
Co-hosted radio show "Ask the agent" offering callers rental advice live on air.
Founder of Hemel Landlord & Property Network. The network is predominately designed for landlords and property investors, offering advice and guidance on all aspects of buying, selling, renting and managing your property, whether you are a 1st time landlord or a seasoned investor
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Pennine Estates says:
01/06/2012 at 09:27
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A Homeowner says:
28/06/2012 at 03:37
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Mark Alexander says:
28/06/2012 at 07:14
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Paul Barrett says:
29/06/2012 at 05:31
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Joey K says:
21/07/2012 at 15:25
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Rich G says:
22/07/2012 at 15:49
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Mark Alexander says:
22/07/2012 at 16:11
Leave a commentIt`s about time the government did something to protect peoples property & livelihood. As far as I`m concerned, squatters are criminals – causing misery & upset to the innocent homeowners. If the charities don`t like this course of action, perhaps they ought to invite the squatters into their own homes – see how they like it then!!
Forgetting that nobody lives in these properties, unlike these selfish charity workers’ homes. Most squatted premises are unusable commercial premises. Often the propritetor doesnt mind the squatters being there as it is in their interest to maintain the upkeep of the property from decay on the owners behalf, they are in effect, protecting it! If a more open mind was taken to public use of derelict property we could eradicate homelessness altogether, along with many of the negative impacts on our ‘Big Society’ that it brings. It’s also the failures of the powers that rule us that are responsible for the surge in this style of living along with all the other hardships we are all now facing, so 3 cheers for David Cameron!!
Are you seriously suggesting that owners of properties want squatters to live in them rent free on the basis that they will maintain them? Oh please, get real !!!
I think you’ll find the 2 1/2 million EU immigrants have something to do with it; where do you think they are all living!!?
And it was NULabour that let them all in, nothing to do with Cameron.
Allowing free movement of EU labour means that the benefit system being so attractive in this country will attract these EU migrants who then get given priority in housing.
Get rid of them all and that would solve the present unemployment and all the properties they vacate will be available to former squatters who will have the chance to pay rent.
Of course none of this will happen so why don’t you go up north where there are thousands of properties to be rented out.
There is no need for homelessness, it is a choice they make .
There is more than enough rental property available, just not in the south-east or where any jobs are, tough, but being on benefit you won’t have to squat will you?
My name is Joe recently 17/07/12, I left my friends flat in west kensington to go shopping and came back 6hours later to see the locks had been mashed! thinking its a burglar ive called the cops they arrived pretty quick…and after attending the scene they called me to tell me they cant do anything since its not a crime anymore its squatters rights?! ive told them to check the door for evidence it was broken into and they just disregarged the matter…ive been calling constants to police stations but no one seems to help…can you please help me…? my friends mothers flat and shes old and fragile…i go around every couple days to clean it…
Joey I sympathise with your problem. The person who broke your lock is guilty of criminal damage. The law is very clear on this. Unfortunately without witnesses the problem is always ‘proving’ that the squatters damaged the lock and didn’t find it that way. If there was evidence of them breaking and entering they could be guilty of a criminal offence, would lose any ‘squatter’s rights’, and could be arrested. Unfortunately the normal eviction process can be very slow, unless the property was earmarked for someone to move in soon, and you can provide evidence to prove it. In which case you can get an Interim Possession Order to get them out in a few days. It may be helpful to talk to them if you can. Let them know that they can also be guilty of criminal damage if they harm the building or contents in any way. Also tell them know that you want the house back and soon. I have quite a bit of experience in dealing with squatters, from all angles. Many are open to negotiation, many are nervous about being there – wouldn’t you be? I get rid of them by pointing out that we WILL be taking the building back, and soon, either in the nice way or the not-so-nice way. In the nice way I use my van to help them move and offer as much practical assistance as I can give. I never pay them off as I think it only encourages them, but some people do. I also point out they would be much better off using empty public buildings as the government always goes through the proper legal channels and is much slower to act. I’d never advocate the ‘two beefy blokes in the middle of the night’ method as apart from anything it’s highly illegal, but you could mention it in a non-threatening way. It might make them even more nervous!
Unfortunately it sounds as if no one was in residence at the time. For the purpose of clarity, no one can squat a house where there is someone already in residence. If this was true, when we as landlords wanted to get rid of a problem tenant, we wouldn’t bother serving a S21 or S8 notice, all we’d have to do is wait till they were out then get a couple of beefy guys to break in and claim ‘squatter’s rights’! I wish we could!!!
If you are not too far from the Bristol area I could have a crack at negotiation on your behalf. I charge £500 for a successful removal and it’s no win no fee.
Joey – I asked Richard Greenland to post an answer to your dilemma. I’ve met him and we sat up until the early hours listening to his squatter stories. I doubt anybody has more experience in this area as Rich.