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Article: What
is Squatting? Squatting
is when someone occupies an empty or abandoned property without the
owner's permission, often without his knowledge and
without any normal legal right to do so. The
Criminal
Justice and Public Order Act 1994 criminalised
squatting. Genuine
squatters cannot be moved without a court order.
See Land Registration Act 2002
for changes to the law of Adverse Possession -
Landlord's Legal Briefing Breaking
and Entry Breaking
and entry, on the other hand, is not squatting, it
is trespassing. If this was not the case
someone could break into your house every day and
claim to be squatting. The
police have powers to remove trespassers
immediately so long as you act quickly. It is very
important to act quickly whilst the evidence of
forced entry is still present. Squatter's
Rights If
you as an occupier have no ownership documents, no lease or tenancy
agreement, no record of having paid rent to a
landlord, and no other evidence exists that you have
occupancy rights, then you may well be occupying
illegally. It is perhaps
of no consolation to landlords that squatters often
believe they have a perfect right to occupy when
properties are left vacant, especially for long
periods. Even so,
the squatter has rights. Squatters cannot be evicted
from premises without a court possession order,
unless they leave voluntarily. The
Interim Possession Order
A
quicker procedure now exists which allows landlords
to apply for an interim possession order,
pending a judge's decision to grant a full
possession order.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex332_0405.pdf
An
important consideration is that a claim for
possession is made within 28 days of becoming aware
of the existence of squatters occupying your
property. If you do not do this the judge will take
into consideration whether you, as owner or
landlord, should have known about the occupation
sooner that you did. To
assist your case you will be invited to make an
undertaking to the court that:
-
You will allow the
occupier/s back onto the premises (with
compensation) if the court later decides you
were not entitled to an interim possession
order.
-
You will not let the
premises or damage or dispose of them
until the court makes its final decision by
granting a full possession order.
If the court grants an interim
possession order the squatters will be required
to leave within 24 hours and not return within
12 months.
If the squatter/s refuse to
leave they are committing a criminal offence and
risk being arrested by the police or being evicted
by a court bailiff. They may also be subject to a
fine or imprisonment or both.
The
Court Service Web Site
Full details and advice for
both parties, known legally as applicants and
respondents, owners or landlords and
squatters are available on the
Court
Service Web Site. A guide for owners/landlords
is available in pdf format at:
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex332_0405.pdf
Landlord
Guide
Landlord would obviously wish
to avoid occupation by squatters in the first
place. Sensible precautions would be:
-
Keeping properties securely
looked when unoccupied. Security is a
landlords concern not only when their properties
are empty. Landlords can be held responsible to tenant's
losses if properties are vulnerable to burglaries
etc., - it is in the landlord's interests to
maintain adequate security at all times - your
insurers and the local police will advise.
-
Giving the appearance
of occupation. Having curtains or blinds in
place and perhaps having a neighbour or cleaners
make regular visits. Leaving radios switched on,
and lights on timers.
-
Make regular visits
yourself and monitor the situation
carefully.
-
Do not leave premises
unoccupied for long periods. Most landlords
do not do this as they want to avoid void
periods. However, there are some instances where
properties are left empty for extended periods.
-
If you find anyone
occupying your property without your consent contact
the police immediately. They may be able to
act without reference to the courts.
-
Try to be present when
the police attend as they have been known to
cause as much damaged as illegal occupants in
the process of eviction.
-
If the police are unable
to assist start legal proceedings for an
Interim Possession Order immediately.
The
Squatter's View!
Squatters believe that they
have a right to make use of unoccupied property and
indeed a sizeable culture of squatting exists today
in the UK. A comprehensive web site
Squatting:
the real story exists to put their side of the
arguement. An extract from their introduction gives
a flavour:
"Since
1968, over a quarter of a million people in Britain
have walked into an uninhabited house owned by
someone else and proceeded to set up without seeking
permission and without paying rent. By doing so,
they have become squatters. Some have been thrown
out within hours. Others have stayed for months,
even years, before being evicted by bailiffs or
leaving under threat of a court order. A few have
managed to establish permanent homes.
Most
squatting has occurred in old flats and houses in
the larger towns and cities, but every conceivable
type of empty property has been squatted - from
luxury flats to dilapidated slums, from country
cottages to suburban semis, from old churches to
disused factories
Squatting
is an ancient practice, and has occurred at some
stage, in different forms, throughout the world. Yet
the last 12 years in Britain has seen a spectacular
rise in the number of people who have taken over
empty buildings. No longer does
"squatting" describe the isolated actions
of numerous individuals. Instead, it has become a
social movement of great significance, whose impact
upon housing policy has already been considerable,
but whose potential has yet, perhaps, to be fully
realised."
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LandlordZONE® 2006 all
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