The end of ‘Squatters’ Rights’? – Does new legislation provide adequate protection?

Following significant public pressure and a subsequent Government consultation leading to changes in the law, the controversial practice of squatting may well have met its demise – at least as far as residential property is concerned.

Since 1 September 2012, it has become a criminal offence for trespassers to occupy residential property.  Housing Minister Grant Shapps passionately stated that, “no longer will there be so called ‘squatters rights’.  Instead, 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.”  However, despite the Housing Minister’s elaborate assertions, the new legislation will only provide protection to a narrow classification of property.

Protection offered by new legislation

The offence, which has been ratified within the Legal Aid, Sentencing and Punishment of Offenders Act 2012, intends to offer immediate recourse to owners of residential property against trespassers.  Importantly, owner-occupiers, landlords, second homeowners and local authorities will all be afforded the same protection, as the new legislation applies to residential property regardless of whether it is occupied at the time of intrusion or the owner’s only property.   

As a result of the new Act, a convicted squatter may be liable to a maximum punishment of 6 months imprisonment, a £5,000 fine, or both.  An offender will satisfy the legislative definition of a trespasser if they knowingly enter a residential building as a trespasser, or in a manner in which they ought to have known they were a trespasser, with the intention to live in the building for any period.

The phrase ‘residential property’ is given a relatively narrow definition within the new Act, with police officers only permitted to enter evict a squatter if they occupy a “building” (i.e. any structure) and if that building is “designed or adapted before the time of [the trespasser’s] entry, for use as a place to live”. Clearly, commercial and public property will not fall within the ambit of this definition, nor will outside spaces, such as gardens.

The overriding benefit to residential property owners, created by the enactment, is the express authority for police officers to enter a property to make arrests and promptly remove the unwanted occupiers without the requirement to provide notice or incur time and costs on civil court proceedings.  It is also worth noting that the offence will not inhibit the authorities’ ability to sanction the squatter with concurrent criminal charges such as theft, burglary, criminal damage and extracting electricity. 

Shortcomings of the new legislation

The new legislation does not provide non-residential property owners with a remedy against trespassers and the Government is not currently planning to criminalise squatting in respect of these premises. Crispin Blunt, Parliamentary Under-Secretary of State for Justice, said, “Stopping short of criminalising squatting in non-residential buildings represents a balanced compromise.”   Owners of premises not covered by the changes will, therefore, have to continue to rely on pre-existing methods to evict unwanted persons, such as trespasser possession proceedings in the civil courts. 

Furthermore, the new legislation will not apply in situations where the unwanted occupier has previously occupied the property legitimately, such as a tenant who remains in occupation after their tenancy expires.  

Conclusion

Whilst the new legislation will come as a welcome relief for residential homeowners and landlords, as theoretically they are now able to evict a squatter immediately, the new legislation has fallen short of providing a water tight solution to the practice of squatting, particularly in respect of commercial properties.       

Please note that this information is provided for general knowledge only and, therefore, specific advice should be sought for individual cases.

 

For further information, please contact Kenny Friday at or Edward Vaughan at