Squatting to become a criminal offence
Housing Minister Grant Shapps has announced plans to make squatting a criminal offence next year. The Ministry of Justice and the Department for Communities and Local Government have published new guidance on the right of home owners to protect their property.
According to the guidance, the legal warning which squatters often put on the doors of properties they have occupied is a distortion of the law. Such notices sometimes state that it is a criminal offence to use or threaten violence in order to enter the property, but the Government has said that this does not apply to home owners trying to get back in to their own residential properties.
Mr Shapps is quoted as saying: "There's never been such a thing as squatters' rights - they are just a misreading of the laws that are actually designed to protect the homeowner. I want to lock the door on squatters and their so-called rights once and for all.
"I want homeowners to be fully aware of the laws that are already in place to protect them. That's why today I'm publishing updated and strengthened guidance, so people know the steps they can take to protect properties from being invaded, and if squatters do move in, the legal steps that can be taken to have them removed.
According to the National Landlord Association, home owners should seek to act within 30 days of discovering squatters, by applying for an interim possession order from the local County Court. They will be required to prove their identity, Land Registry and documentation to prove ownership.
The court order must be served on the property to ensue that the squatters are aware of it, after which they will have 24 hours to leave before the police can be called in to compel them to move on. Home owners who are granted an interim possession order must also apply for a final possession order to safe guard the property.
In Scotland squatters can be removed quickly because it is a criminal offence.
More details can be found on the government website: http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/Derelictbuildingsandsquatters/DG_10022452
March 28, 2011
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