Melboy Posted March 25, 2011 Report Share Posted March 25, 2011 Squatters rights! It may come to many landlords surprise that if they have squatters they are not able to just turf them out without risking prosecution themselves. Today in the UK there are estimated to be as many as 20,000 squatters. Recently, there have been some very high profile cases in London where multi million pound properties have been taken over by squatters. The landlords of these luxury properties have then been powerless to enter their own properties. Help for squatters! A two minute search on Google reveals that there is a huge amount of assistance available for illegal tenants who are thinking of squatting. They even supply potential squatters with certificates that they can use to warn off illegal action by landlords or owners of the property that they are squatting in! The law as it stands The law surrounding squatting is some what complicated. Up until the arrival of the Criminal Justice and Public Order Act 1994 squatting itself was not a criminal act, but now it may be, if it involves violent or forced entry by unauthorized occupiers, however the police cant automatically remove squatters. A landlord first requires a possession order from the courts. The quickest way of obtaining possession is to obtain an interim possession order. This order is pending a judges decision to grant a full possession order and if granted requires squatters to leave within 24 hours and then not return within 12 months. In order to get one of these orders a landlord needs to make a claim within 28 days of finding out that they have squatters. They will also have to give the squatters five days' notice and serve the hearing notices on them in person or fix the notice to the door of the house. EXPERT LEGAL ADVICE ON POSSESSION The police are able to prosecute squatters under the criminal law for Trespass under the Criminal Law Act 1977 if it can be established that they have broken into the property. This is why it is so important for a landlord to fully secure and make regular inspections of an empty property. As well as the potential threat of squatters landlords should be aware that their landlord insurance may be invalidated if it has been empty for a prolonged period without notification to the insurer. Government announces fight back Housing Minister Grant Shapps has announced a fight back against squatters by looking to make squatting a criminal offence in 2012. The Ministry of Justice has responded by publishing a booklet on property rights to help clarify the law. The new Housing Minister Grant Shapps has set out his stall: Let me be clear: squatters are not above the law. I can assure homeowners that we understand the strength of public feeling about this issue and that's why we are urgently taking steps to lock the door to so-called "squatters' rights" once and for all. .............and back to Mel.........I have a view on this and it's fairly basic.....I would not offer violence to get rid of squatters but for me personally I would ensure their stay was very short lived and they would be carried out of my property one by one...... and I would be prepared to go to jail or face a fine from court action. The vast majority of Squatters gain entry by forced entry and then plead that a window or door was left unlocked and of course you cannot prove that at the time as there are no independent witness and our useless police laws say this becomes a civil offence rather than one of breaking and entering with intent. That's my personal view on the subject for I believe that these people have no respect for you, the law, or your property and on that basis I would do time and become a Public Martyr and believe me a £5000 fine is cheaper than hiring a lawyer through the Courts plus the damage, plus the cost of the utilities that Squatters would use. There is no room in the UK for people who show total disrespect to others and then think that the law of the land is on their side. What do you think? Mel. Link to comment Share on other sites More sharing options...
Mortitia Posted March 26, 2011 Report Share Posted March 26, 2011 Basically I do agree with Mel. I have no idea why so many expensive properties in London are allowed by their owners to get into a state whereby they can be used as squats in the first place. Rent a mob who thrive in these type sof conditions are just around the corner living just within the bounds of the law, waiting to take advantage. Some 3 years ago now I and 2 family members removed a tenant who would not pay rent ,move out or allow the gas boiler to be certified and was putting others lives at risk. I am not recommending that anyone should do this but taking into account a £1000 fine between us and a criminal record for 'violent entry' (quite amusing for a 55 year old professional woman) it was worth it since property in London was worth £350,000 and suffering. Having a criminal record has not affected my life one bit though I have revealed it to insurers and the like and all have applauded what I did Now under the re-habilitation of offenders I can apply to have the CR removed so I am told. This tenant was not a squatter but I would have no compunction in doing same again with squatters. I found the Met very sympathetic but 'it is a civil matter'.......and they don't want to know, Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted March 26, 2011 Author Report Share Posted March 26, 2011 Basically I do agree with Mel. I have no idea why so many expensive properties in London are allowed by their owners to get into a state whereby they can be used as squats in the first place. Rent a mob who thrive in these type sof conditions are just around the corner living just within the bounds of the law, waiting to take advantage. Some 3 years ago now I and 2 family members removed a tenant who would not pay rent ,move out or allow the gas boiler to be certified and was putting others lives at risk. I am not recommending that anyone should do this but taking into account a £1000 fine between us and a criminal record for 'violent entry' (quite amusing for a 55 year old professional woman) it was worth it since property in London was worth £350,000 and suffering. Having a criminal record has not affected my life one bit though I have revealed it to insurers and the like and all have applauded what I did Now under the re-habilitation of offenders I can apply to have the CR removed so I am told. This tenant was not a squatter but I would have no compunction in doing same again with squatters. I found the Met very sympathetic but 'it is a civil matter'.......and they don't want to know, Mortitia Mmmm! Mortitia a criminal! LOL I find it absolutely disgraceful that the laws of Squatting and for Rogue Tenants and a host of other obvious criminal type activities favours the perpertrators. Previous Governments and the one that is in power right now could have done something about the law and also do somothing about these gross injustices to the law abiding citizen but will they? Look at Grant Shapps comment to squatting.....sometime fixed in 2012! We want the law changed now Grant!!......and yes.... I have written a personal email to him after he received a multi thousand petition on the subject of Squatters and their rights. Mel. Link to comment Share on other sites More sharing options...
Melboy Posted March 31, 2011 Author Report Share Posted March 31, 2011 Please sign the petition to change the law on Squatting. Let's get this ridiculous law changed. http://www.gopetition.com/petition/43976.html?dm_i=4Q1,EG5T,T7ROF,15L9E,1 Mel. Link to comment Share on other sites More sharing options...
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