On 1 September 2012, a new law came into force to make residential squatting a criminal offence.
What constitutes ‘residential squatting’?
For someone to fall under this definition, they must:
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Be in a residential building
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Be a trespasser (having entered as a trespasser)
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Knows or ought to know that they are a trespasser
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Live in that building or intend to live there for any period
However, the above will not catch a person who is holding over after a license or lease has expired, even if they leave the building and then re-enter. It is, though, irrelevant whether the person began their trespass before or after the law came into force.
Powers of the police
The powers of the police include the right to enter the premises and arrest someone suspected of ‘residential squatting’. Any person found guilty of ‘residential squatting’ is to be liable for either a fine of up to £5,000 or a prison term not exceeding 51 weeks (or both).
Practical considerations
There are concerns that the police force, which is already heavily burdened, will not be as effective in responding to calls relating to these residential squatters as many members of the public will hope. It may be, that in some/many cases, property owners will still obtain possession using civil remedies.
Already, there have been challenges to the new legislation. A woman in Wales is claiming that it violates her right to personal and family life under Article 8 of the European Convention of Human Rights. It remains to be seen whether this argument will still be successful in this test case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.