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Squatting now a criminal offence
BASFORDLAD
Posts: 2,418 Forumite
http://www.bbc.co.uk/news/uk-politics-19429936
quatting in a residential building in England and Wales becomes a criminal offence on Saturday, meaning squatters would face jail or a fine.
It follows a government consultation on the issue last summer.
Ministers said it would provide better protection for homeowners and "slam shut the door on squatters once and for all".
But campaigners warned the new law could criminalise vulnerable people and lead to an increase in rough sleeping.
Catherine Brogan, from the campaign group Squatter's Action for Secure Housing, told the BBC: "What we need is to tackle the housing crisis and not criminalise some of the most vulnerable people in our society."
The new offence will protect homeowners or legitimate tenants who find their home has been taken over by squatters.
It will also protect owners of vacant residential properties such as landlords, local authorities and second home owners.
Homeowner Hugh Whittle, who returned from a stay in hospital to find squatters had moved into his residence in London, told the BBC: "It was horrifying.
"Just going through the three or four months it took to get them out was a cost in stress. And cost in money as well, of course, lost rent. And the property did actually become worse in its condition which meant that we had to pay builders more."
'Squatters rights'
The maximum penalty for the offence will be six months in jail, a £5,000 fine, or both.
Housing Minister Grants Shapps said: "For too long, hardworking people have faced long legal battles to get their homes back from squatters, and repair bills reaching into the thousands when they finally leave.
Continue reading the main story
“
Start Quote
Ultimately the government needs to tackle why homeless people squat in the first place by helping not punishing them”
Leslie Morphy
Crisis
"No longer will there be so-called 'squatters rights'. Instead, from next week, we're tipping the scales of justice back in favour of the homeowner and making the law crystal clear: entering a property with the intention of squatting will be a criminal offence."
Leslie Morphy, chief executive of the homeless charity Crisis, said legal provisions were already in place for removing squatters from people's homes and the new offence could leave vulnerable people facing jail or a fine they cannot pay.
She said: "It will do nothing to address the underlying reasons why vulnerable people squat in the first place - their homelessness and a lack of affordable housing.
"Ultimately the government needs to tackle why homeless people squat in the first place by helping not punishing them."
But Chief Constable Phil Gormley, the Association of Chief Police Officers' lead on uniformed operations, welcomed the move saying police could "now act immediately and remove squatters directly from properties".
quatting in a residential building in England and Wales becomes a criminal offence on Saturday, meaning squatters would face jail or a fine.
It follows a government consultation on the issue last summer.
Ministers said it would provide better protection for homeowners and "slam shut the door on squatters once and for all".
But campaigners warned the new law could criminalise vulnerable people and lead to an increase in rough sleeping.
Catherine Brogan, from the campaign group Squatter's Action for Secure Housing, told the BBC: "What we need is to tackle the housing crisis and not criminalise some of the most vulnerable people in our society."
The new offence will protect homeowners or legitimate tenants who find their home has been taken over by squatters.
It will also protect owners of vacant residential properties such as landlords, local authorities and second home owners.
Homeowner Hugh Whittle, who returned from a stay in hospital to find squatters had moved into his residence in London, told the BBC: "It was horrifying.
"Just going through the three or four months it took to get them out was a cost in stress. And cost in money as well, of course, lost rent. And the property did actually become worse in its condition which meant that we had to pay builders more."
'Squatters rights'
The maximum penalty for the offence will be six months in jail, a £5,000 fine, or both.
Housing Minister Grants Shapps said: "For too long, hardworking people have faced long legal battles to get their homes back from squatters, and repair bills reaching into the thousands when they finally leave.
Continue reading the main story
“
Start Quote
Ultimately the government needs to tackle why homeless people squat in the first place by helping not punishing them”
Leslie Morphy
Crisis
"No longer will there be so-called 'squatters rights'. Instead, from next week, we're tipping the scales of justice back in favour of the homeowner and making the law crystal clear: entering a property with the intention of squatting will be a criminal offence."
Leslie Morphy, chief executive of the homeless charity Crisis, said legal provisions were already in place for removing squatters from people's homes and the new offence could leave vulnerable people facing jail or a fine they cannot pay.
She said: "It will do nothing to address the underlying reasons why vulnerable people squat in the first place - their homelessness and a lack of affordable housing.
"Ultimately the government needs to tackle why homeless people squat in the first place by helping not punishing them."
But Chief Constable Phil Gormley, the Association of Chief Police Officers' lead on uniformed operations, welcomed the move saying police could "now act immediately and remove squatters directly from properties".
For everthing else there's mastercard.
For clampers there's Barclaycard.
For clampers there's Barclaycard.
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Comments
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Well overdue.Grab life by the balls before it grabs you by the neck.0
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Personally I think this law is ok.
The point that many people seem to miss though is that it applies only to residential properties where someone is in occupation. Which is pretty sensible in my opinion.0 -
This legislation is well overdue.Under no circumstances may any part of my postings be used, quoted, repeated, transferred or published by any third party in ANY medium outside of this website without express written permission. Thank you.0
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So, squatters will get a roof over their heads after all. :beer:
OK, it might be the roof of the local nick, but everyone has to start somewhere. I seem to remember a very dodgy hostel, for example....but I try not to.
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How will this do with the often London based issue of eastern europeans claiming they've been tricked by a landlord into moving into someone else's property? They claim that they haven't broken in but have been given a tenancy agreement and paid a deposit...
Be interesting to see what happens if the Police turn up to arrest them as squatters and the tenants then claim to be victims of crime themselves by a fraudster posing as a landlord.0 -
princeofpounds wrote: »Personally I think this law is ok.
The point that many people seem to miss though is that it applies only to residential properties where someone is in occupation. Which is pretty sensible in my opinion.
You are right in that this change to the law does not cover commercial properties but as per the BBC source quoted by the OP states:
"The law also protects owners of vacant residential properties such as landlords, local authorities and second-home owners"0 -
You are right in that this change to the law does not cover commercial properties but as per the BBC source quoted by the OP states:
"The law also protects owners of vacant residential properties such as landlords, local authorities and second-home owners"
OK interesting, maybe I got a slightly 'off' impression then from what I had read. Thanks.0 -
The relevant legislation is s144 of the Legal Aid, Sentencing & Punishment of Offenders Act 2012 - see link
The BBC source says "From 1 September it will be a criminal matter, and a homeowner can simply complain to the police who, if satisfied that the claim is genuine, can take action and arrest the squatters."
Will police officers have a better understanding of how this law should apply than they currently have of general LL & T law and the criminal actions of LLs who harass their Ts and attempt illegal evictions?0 -
princeofpounds wrote: »The point that many people seem to miss though is that it applies only to residential properties where someone is in occupation. Which is pretty sensible in my opinion.
Squatting is taking possession of a vacant property, which is becoming a criminal offence with this new law.
Moving into some-else's home e.g. while they are away for the day/holidays is not squatting and is already a criminal offence if you do not leave immediately upon request by the rightful occupier, though this new law will also apply in that case and may be simpler to refer to and apply.
Basically the new law says:(1)A person commits an offence if—
(a)the person is in a residential building as a trespasser having entered it as a trespasser,
(b)the person knows or ought to know that he or she is a trespasser, and
(c)the person is living in the building or intends to live there for any period.How will this do with the often London based issue of eastern europeans claiming they've been tricked by a landlord into moving into someone else's property? They claim that they haven't broken in but have been given a tenancy agreement and paid a deposit...
Imho, this could still be a defence because of (1)(b) above.0 -
not a bad result. The owner gets their home back quicker and the squatter gets their accomodation with free meals.. result!
not sure the prisons will like this much!0
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