Badlittlepup Posted January 19, 2012 Share Posted January 19, 2012 See the link I posted earlier. It's been a criminal offence for ages! Yes, but it doesn't become a criminal offence until you've laid out a load of money in a civil case to get an order to get rid of them and they've refused. It's like you catch a burglar red handed coming out of your house with all your stuff and you call the police but they say they can't arrest him until you go to court and get a court order telling him to give the stuff back and he refuses. As far as I understand it when this law comes in the police will be able to immediately arrest trespassers in residential properties and return the property to the landlord immediately when they are discovered rather than needing them to reject a court order to do it. After all, why should the householder be hit with a bill when they are the victim of a crime? Link to comment Share on other sites More sharing options...
Frank Sidney Posted January 19, 2012 Author Share Posted January 19, 2012 An idea for you: could you perhaps not first acquaint yourself with "the laws on squatting"- and only then tell us what needs changing? From your post, it's doubtful that you have much idea of the law of trespass nor what 'adverse possession' means. Come on then, how long does it take, on average, to get squatters out? And how many are arrested when they first break in? The point is it takes too long. I know you work in the legal profession but the legal profession, courts and laws are quite often wrong.... Link to comment Share on other sites More sharing options...
Moosey Posted January 19, 2012 Share Posted January 19, 2012 Yes, but it doesn't become a criminal offence until you've laid out a load of money in a civil case to get an order to get rid of them and they've refused. It's like you catch a burglar red handed coming out of your house with all your stuff and you call the police but they say they can't arrest him until you go to court and get a court order telling him to give the stuff back and he refuses. As far as I understand it when this law comes in the police will be able to immediately arrest trespassers in residential properties and return the property to the landlord immediately when they are discovered rather than needing them to reject a court order to do it. After all, why should the householder be hit with a bill when they are the victim of a crime? It's been in force since 77. It's a criminal offence once the homeowner says "Get out, I live here". http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/Derelictbuildingsandsquatters/DG_10022452 Link to comment Share on other sites More sharing options...
VideoPro Posted January 19, 2012 Share Posted January 19, 2012 ...You go holiday for two weeks and come back to find strangers in your house, the locks changed and no sign of your stuff. You and the wife are stood outside... Does this actually happen though? All the squatters that I have spoken to (quite a few, I made a documentary for TV) do so because they want to see fairer housing policies and reasonable renting costs. Squatting is a protest against the absence of that, which they highlight by moving into unused buildings. There are certainly some, mostly rebellious young people who go it alone because they think it's "sticking it to the man, man", but they mostly take the easy route and try joining existing communal type squats though. Taking over a furnished, obviously occupied home is regarded as highly unfair, stupid and possibly dangerous in the organized squatter scene. Sidenote: I now live in Hamburg, Germany. People who take out a mortgage here can receive more in tax breaks than what they can charge as a maximum monthly rent. The system rewards them to keep the property empty. I found out about this when I was house hunting myself. One work colleague told me that another had a three bedroom property empty. He refused to rent because he and his wife were getting 450 Euros more in monthly tax relief than the rent they can ask for. (I do need to check if this is still the case, it was several years ago. I also need to shut up before forums poster Chemist1 thinks I'm after his job). Link to comment Share on other sites More sharing options...
Moosey Posted January 19, 2012 Share Posted January 19, 2012 Come on then, how long does it take, on average, to get squatters out? And how many are arrested when they first break in? The point is it takes too long. I know you work in the legal profession but the legal profession, courts and laws are quite often wrong.... The point is it shouldn't take too long, if the police acted as they should. If the police wanted to, they could remove every "Occupy...." protester for aggravated trespass - they are blocking or preventing persons on land or land adjacent from carrying out their business. The point isn't that the law takes too long, the point is that the police and CPS don't act as the law allows them. Link to comment Share on other sites More sharing options...
Badlittlepup Posted January 19, 2012 Share Posted January 19, 2012 It's been in force since 77. It's a criminal offence once the homeowner says "Get out, I live here". http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/Derelictbuildingsandsquatters/DG_10022452 But if they don't live there then they can't do that. So for example a buy to let landlord who's waiting for tenants to move in or someone who is in the process of selling a home but lives elsewhere aren't protected by it. They have to go to court. Link to comment Share on other sites More sharing options...
Moosey Posted January 19, 2012 Share Posted January 19, 2012 But if they don't live there then they can't do that. So for example a buy to let landlord who's waiting for tenants to move in or someone who is in the process of selling a home but lives elsewhere aren't protected by it. They have to go to court. Yep, but the person asked a hypothetical question earlier about coming home to find squatters. Link to comment Share on other sites More sharing options...
nikonuser Posted January 19, 2012 Share Posted January 19, 2012 Am I wrong in thinking that there is new legislation being processed to do that which the OP suggests? ... to make 'squatting' in residential property a criminal offence? As far as i am aware, it is still in the consultation period. Link to comment Share on other sites More sharing options...
cgksheff Posted January 19, 2012 Share Posted January 19, 2012 Yep, but the person asked a hypothetical question earlier about coming home to find squatters. Even then, you still need a document signed and witnessed by a Justice of the Peace. Link to comment Share on other sites More sharing options...
Moosey Posted January 19, 2012 Share Posted January 19, 2012 Even then, you still need a document signed and witnessed by a Justice of the Peace. Check the link I posted once more - you really don't. They are committing a criminal offence, therefore you need a police officer. You are also legally entitled to use reasonable force to enter and defend your property. To quote the Act:- Subject to the following provisions of this section and to section 12A(9) below, any person who is on any premises as a trespasser after having entered as such is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of— (a)a displaced residential occupier of the premises; or (b)an individual who is a protected intending occupier of the premises. Basically, you come onto my property, and I ask you to leave, you're committing a criminal offence if you don't, therefore the police can get involved. Link to comment Share on other sites More sharing options...
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