OUR KNOWLEDGE / PUBLICATIONS / NOT SO FRIENDLY NEIGHBOURS: THE PROBLEM WITH SQUATTERS
Recent UK news articles abound with stories of squatting; namely, the occupation of what have historically been empty or abandoned properties, by someone who does not own or rent that property and who does not have the owner's permission. More recently, groups of squatters have targeted properties which are in the course of renovation or where the owners have gone on holiday. Squatting, a form of trespass, is an ever increasing risk which may be faced by homeowners or those living close to unoccupied properties.
Many people do not realise that, as the law currently stands, trespassing in itself is not a criminal offence although there are offences which may criminalise the activities of squatters in certain circumstances. It is a criminal offence under the Criminal Law Act 1977 if a trespasser refuses to leave once a “displaced residential occupier” or certain other occupiers whose interests are protected under the legislation have asked them to do so. The maximum penalty for this offence is six months imprisonment and/or a fine. A “displaced residential occupier” is a person whose home has been taken over by squatters. If faced with this scenario, a homeowner should call the police to report a crime. The position with non-residential properties is different and there would only be a civil claim available to a property owner, even if the squatters were asked to and refused to leave the relevant property. It should also be noted that a residential property owner has a right of action in the civil court, whether or not a criminal offence has been committed.
Squatters who break into any type of property (be it residential or not), may also be charged with other offences such as criminal damage, burglary or the unauthorised use of utilities (e.g. gas and electricity). If you find yourself facing such a scenario, you should call the police to report the event. You might also want to contact your utility company and discuss possible action. If squatters have moved into a neighbour's property and are anti-social and excessively noisy or there is evidence of fly-tipping, you can report this to your local authority who may be able to take enforcement action under the relevant environmental legislation. If you suspect that criminal offences are being committed on a neighbouring property, you should also contact the police.
How can I prevent squatters from occupying my property? You should always make sure that your property has been securely locked when it is left unoccupied and avoid leaving it unoccupied for long periods of time. You may also want to give it the appearance of occupation e.g. have curtains or blinds in place, the lights on and a neighbour or cleaner making regular visits. Providing security patrols (where necessary) might also be a good idea.
Government proposals
Because of the current concerns about squatters and the lack of appropriate criminal sanctions, the Ministry of Justice has invited consultations on a White Paper which addresses a range of options for tackling the problem including whether to amend the current law and make squatting a criminal offence or to work within the existing legislation in order to improve enforcement.
Deborah Collett
Dora Costa