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Aug 11, 2011

Squatters Wrongs

Discussion of squatters rights
Category:General 
Squatting is a form of trespass, trespass is defined as "entering land without permission", permission will either be express or implied licence.

Trespass involves the deliberate entry and or occupation of a building without the landowner's consent or without lawful justification. The Ministry of Justice has proposed abolishing so-called 'squatters rights' and creating a new criminal offence of squatting. Currently, although squatting is not a criminal offence, there are a number of criminal offences that squatters may commit, as follows:
  • Section 7 of the Criminal Law Act 1977 provides that any person who is on residential (but not commercial) premises as a trespasser and fails to leave on being required to do so by or on behalf of "a displaced residential occupier" or "an individual who is a protected intending occupier" of the premises is guilty of a criminal offence.
  • Section 76 of the Criminal Justice and Public Order Act 1994 makes it an offence for a trespasser to remain on either residential or non-residential premises for more than 24 hours, after having been served an Interim Possession Order, (multiple methods of service are recommended in case there is a defect in serving, see rule 6 of the Civil Procedure Rules)
  • Further offences that can be committed by squatters include criminal damage under section 1 of the Criminal Damage Act 1971, burglary under section 9 of the Theft Act 1968 and abstracting electricity without authority under section 13 of the Theft Act 1968.
Some level of protection is offered to squatter by virtue of section 6 of the Criminal Law Act 1977. This makes it an offence for a person to use or threaten violence to enter a property, without lawful authority, where someone inside is opposed to their entry. This is what is sometimes called 'squatters rights'. The offence does not generally apply to  residential occupiers deprived of their rights to possession, such as a tenant attempting to obtain possession of their home from a squatter. Outside those offences, squatting is dealt with under the civil law. Normally, the police do not get involved and the landowner has to take legal action to recover possession. Currently a landowner can apply for a possession order against squatters as trespassers which generally incurs irrecoverable legal costs not to mention the stress and risk of the proceedings.
The consultation process began on 13 July 2011 and will close on 5 October 2011 and we shall be making a contribution to these to see change.

Reforms?

We hope that this loophole in the lack of state protection to property owners is sorted out, as the current situation is far from desirable but quite careful drafting should be undertaken to ensure persons who accidentally are in that position have a defence in case they are prosecuted.

 

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