Many Landlords will be glad to hear that the Government have released proposals to make squatting illegal in residential properties.
At the moment squatting is a civil offence which means that that it is unlawful but not illegal. Once squatters enter a property, they can put up a formal notice in the window or on the door claiming ‘squatters’ rights’. In these cases the police are powerless to intervene and nobody can enter the property to remove them. The squatters therefore have free access to do as they wish with the property until they are formally evicted, often causing extensive damage to the fixtures and fittings. Currently, the worst thing facing squatters is that they may be evicted after a few days in the property! Justice Secretary Ken Clarke has made an announcement planning to make squatting criminal offence. This means that police will be allowed force entry and arrest anyone illegally occupying a property. Also squatters will be no longer eligible for legal aid. For many property owners the most common resolution is to go civil court to get a possession order to evict the squatters. However this is a costly and lengthy process which can take up to several weeks or even months leaving property owners with thousands of pounds in legal fees compared to the occupiers who have their legal fees covered by the government. This amendment also means that anyone found squatting in any residential property could face up to a year in a jail and/or a £5,000 fine. This change in the law will hopefully act as a deterrent to people thinking of squatting and will also give the power back to Landlords who will be able to take more appropriate action.
