Couple Squat In Their Repossessed House

Hectors_House

Kez100 wrote: »

Isn't that why banks get court orders so people have to leave and can't squat?or did bank not follow rules to the letter giving a loophole?

In this case I think the bank were a bit slow in getting the house secured so the family were able to get back in without breaking and entering.

PasturesNew

They got back into the house becaue the bank hadn't changed the locks. So now they have squatters' rights.

The lender cannot now turn the services off, or change the locks. It'd be an illegal eviction. The electricity is on a pre-payment meter anyway. The lender now has to take them to court as squatters to get them out. Could be a couple of months.

They couldn't find anywhere to rent, they didn't have the 6 months' up front rent private landlords wanted.

The council will have a duty to house them, but probably put them into a hostel or B&B.

To gain ownership of a property you would have to move in and maintain it for X years without anybody popping up and saying "Oi, that's my house ... get out".

puddy

I dont understand the thing about cutting off services, if someone got into my property and started squatting, then surely the services are still mine and I can do what I like with them? I could decide to change all the services over to an aga couldnt I?

GDB2222

neverdespairgirl wrote: »

I don't see why they can't just be evicted as other squatters can. By a court order.

I am sure they can be. It just takes a little time, and in the meantime the newspapers have got hold of the story.

I assume that the couple would have been entitled to be rehoused by the local authority when their house was repossessed. If they have squatted and are then evicted, as seems likely, will they then still be entitled to rehousing or have they made themselves intentionally homeless? (Pure speculation, as I have no idea about the law in this sort of case.)

GDB2222

PasturesNew wrote: »

To gain ownership of a property you would have to move in and maintain it for X years without anybody popping up and saying "Oi, that's my house ... get out".

With registered land, it's much more complicated than that - the law changed a couple of years ago.

Premier_2

GDB2222 wrote: »

I am sure they can be. It just takes a little time, and in the meantime the newspapers have got hold of the story. ...

This could be in less than a week if the bank pulled it's finger out

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex332_0405.pdf

I find it strange they didn't change the locks originally.

Usually a locksmith accompanies the bailiff is case the owner has already left, leaving the place locked up - the bailiff needs to gain entry to arrange for supplies to be drained/disconnected.

The locksmith usually changes the locks then as a matter of course, so I can't see the option of many others following suit.

neverdespairgirl

PasturesNew wrote: »

The lender now has to take them to court as squatters to get them out. Could be a couple of months.
/quote]

I have a strong feeling (but am not definite) that there is a very accelerated procedure for evicting squatters, compared with tenants, etc.

PasturesNew

neverdespairgirl wrote: »

PasturesNew wrote: »

The lender now has to take them to court as squatters to get them out. Could be a couple of months.
/quote]

I have a strong feeling (but am not definite) that there is a very accelerated procedure for evicting squatters, compared with tenants, etc.

Accelerated but you can't just turn up and say "Oi, you, out" and waggle your finger at them.

There's still a process. Once you've got to court the judge can order them out within 24 hours, but you need to fill in the forms etc first.

LeLLe

Im guessing this is in England/Wales as squatting is an illegal offence in Scotland.

Anyway, it's a bit of a stupid rule. How can you have sqatters 'rights'? If you shouldn't be there, your 'rights' should go out the window!
On the other hand, it's a bit of a kick in the teeth when the house your renting is repossessed leaving you homeless when you've done nothing wrong. Trust me, i'm in the same situation and don't know what to do

Jorgan_2

Premier wrote: »

This could be in less than a week if the bank pulled it's finger out

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex332_0405.pdf

I find it strange they didn't change the locks originally.

Usually a locksmith accompanies the bailiff is case the owner has already left, leaving the place locked up - the bailiff needs to gain entry to arrange for supplies to be drained/disconnected.

The locksmith usually changes the locks then as a matter of course, so I can't see the option of many others following suit.

It probably comes down to the bailiff booking too many repo's into to short a time slot. The bailiff in my area tries to get all the repo's done in one area at the same time. A few months ago we had five booked in to do in an hour. It was literally a case of gain entry to a property, change the front door lock and go onto the next one. The locksmith then had to go back and finish each job off, changing all remaining locks, draining down & turning off services.