Squatting :

A View From Shergroup on the Changes Affecting Squatter’s Rights

the history of squatting

Historically squatting was not a criminal offenceIt only became a crime if connected with another criminal act such as:

criminal damageburglary failing to leave the property having been required to do so by the proprietor following a service of an interim possession order

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) created the new offence of squatting in residential buildings The new offence came into force on 1 September 2012

background to changes in the law

Under the law up until 2012 squatting was not a criminal offence And even after this reform cases are still heard in the civil courts As the law currently stands a landowner can still apply under the Civil Procedure Rules Part 55 for:

a possession order or;an interim possession order against squatters

government options

Section 144 was introduced following Government consultation This consultation was driven by growing concerns about squattersThe Government reviewed a number of optionsThese included:

Maintaining the status quo and leaving the law as it wasCriminalising the act of squattingAmending the law to offer a greater level of protection to proprietors (including commercial property owners)Improving the enforcement of the law

outcome : the new offence of “squatting”

Government received 2,217 responses to its consultation on the issue90% of these were in support of a campaign organised by Squatters’ Action for Secure Homes (SQUASH) to oppose criminalisation And also see www.squatter.org.ukDespite this opposition the proposed change to criminalise squatting went aheadThe Government amended the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) This introduced the new offence of squatting in a residential building (s.144)

section 144 of LASPOThis is intended to protect owners and lawful occupiers of residential properties from squatters and provides:

"(1) A person commits an offence if:

the person is in a residential building as a trespasser having entered it as a trespasserthe person knows or ought to know that he or she is a trespasserthe person is living in the building or intends to live there for any period.“

"Residential property" for the purposes of the Act includes "any structure or part of a structure (including a temporary or moveable structure)" which "is designed or adapted, before the time of entry, for use as a place to live" (s144(3))

various scenarios

s.144 includes persons occupying residential premises with the permission of a trespasser, who will be considered trespassers themselves (s144(4))Offence extends to squatters in residential properties only Owners of non-residential buildings will still need to use the civil possession procedure to evict squatters.No offence will be committed by a person who remains in occupation after the end of a lease or licence, even if the person leaves the property and then re-enters it (s144(2))Landlords cannot use s.144 to evict tenants who stay on after the end of their lease – their remedy will be to apply for a possession order Squatting on open land is not therefore captured by the offenceThe offence will be committed regardless of whether the squatter entered the property before or after the commencement of the section (s144(7))

the sentence

Persons guilty of the offence will face up to :51 weeks' imprisonmenta fine of up to £5,000or both

see s144(5) and (6)

shergroup commentQ : Have the police got more power to arrest squatters in residential buildings?A : Yes Q : Have the police got the appetite to arrest squatters?A : In our experience not necessarilyQ : Do the police have the resources to handle this new offence?A : We see cases taking as long to action as the pre LASPO positionQ : Is the offence easy to prove?A : Media reports suggest it is not an easy offence to prove and achieve a convictionQ : Do homeowners know how to contact the police?A : In our experience the answer is “no” – there is still an important role for professional advisors

shergroup supportShergroup has enforcement and security capabilitiesWe have as authorised High Court Enforcement Officers as part of our national coverageWe are therefore authorised to enforce High Court Writs of PossessionWe can assist in transferring orders from the county court system to the High CourtWe offer transparent pricing and fast turnaround timesWe can also assist in preparing claims for possession so that transfer to the High Court is easy to achieveWe offer a complete solution to manage any eviction – ANY TYPE/ANY WHERE

Thank you for your interest in Shergroup’s Eviction Solutions

Please call our Business Solutions Team on 0845 890 9200

for more information or a quote on any of the services outlined in this Presentation