Under proposals outlined in a consultation paper, the Government is proposing to make squatting in residential properties a criminal offence. The offence would be committed where a person:
• Was in the building as a trespasser having entered as such;
• Knew or ought to have known that he or she was a trespasser; and
• Was living or intending to live in the building.
Currently home owners only have partial protection, or so says Debbie Jenkins, of DPA Law’s landlord services department.
"The Criminal Law Act 1977 already makes it a criminal offence for a trespasser to fail to leave residential premises when required to do so by or on behalf of a ‘displaced residential occupier’ or a ‘protected intending occupier’. While this allows those who are effectively made homeless by squatters to take action, it does not protect landlords or owners of second homes.”
At present, the Government is not planning to criminalise squatting in commercial premises. Part of the reason for this is to prevent the occupation of buildings during protest activities from being caught by the new legislation.
The Government claims that stopping short of criminalising squatting in non-residential buildings represents a balanced compromise. Neither will students who occupy academic buildings or workers who stage sit-ins to protest against an employer be caught by the offence.
Debbie comments: “Squatters who occupy genuinely abandoned or dilapidated non-residential buildings will not be committing the new offence, although their actions will rightly continue to be treated as a civil wrong and they can still be prosecuted for offences such as criminal damage or burglary.”
The legislation will not apply in situations where the property has previously been occupied legitimately, such as where tenants fall behind with their rent payments.
If you feel you may need advice, DPA can advise you on the latest law in this field. Call Debbie Jenkins on 01554 749144 for further information, or contact her by e-mail at d.jenkins@daviesparsonssolicitors.co.uk
The consultation paper, entitled ‘Options for dealing with squatting’ can be viewed here
The Criminal Law Act 1977 can be viewed here
Posted by Peter Nicholas on Thursday, February 09, 2012 at 03:18 PM