The Ministry of Justice have recently introduced an amendment to a Bill currently going through Parliament, which introduces a new criminal offence of squatting. It is hoped that this new offence finally is going to help reduce the risk to owners of empty buildings posed by squatters.
The Legal Aid, Sentencing and Punishment of Offenders Bill 2011 is a hefty document which adds to the encyclopaedia of criminal justice legislation that has been introduced in the last decade by various Governments. The Bill imposes mainly administrative rules for the provision of legal aid, but tucked away at the end of the Bill is a new criminal offence which has got the interest of many property owners.
Following a Ministry of Justice consultation into the issue which took place in the summer of 2011, the Bill makes it unlawful to squat in a residential building as a trespasser, knowing that he or she is a trespasser, and where they intend to live there for any period of time.
If a person is convicted under this clause, they could expect a fine of up to £5,000 or a term of imprisonment of up to 51 weeks.
There has been a criminal offence to deal with squatting since 1977. The difference is that under the 1977 law, the presence of the squatter became illegal only when they were asked, and refused, to leave. Under the proposed new law, the very act of squatting is unlawful. The idea behind the new offence, and the conclusion of the consultation, is to make it easier for the Police to use their powers to arrest squatters: under the old law, the Police needed proof that the squatters had been asked to leave before they could take any action and even then were reluctant to do so. According to the Ministry of Justice, the Police are often reluctant to use their powers for fear of evicting persons who are entitled to be at a property, and so taking bothersome possession proceedings against the squatters in the Civil Courts is the necessary course of action for most landowners who are affected by squatters.
So it is clear that the proposed new law is not all new, whilst certainly useful, leaves some surprising gaps.
The fact that squatting will suddenly become slightly moer criminal is unlikely to have much more of a deterrent effect than there already is. Unless there is a huge shift in the attitudes of squatters so that they feel morally reprehensible for squatting, the amount of squatting taking place is unlikely to decrease by any meaningful amount.
It is arguable that the only real deterrent impact of the new offence will be to push more squatters towards using commercial rather than residential buildings, as they will know that it is much harder to force them to leave. There has never been a specific criminal offence to deal with squatting in a non-residential building, and the proposed new law will do nothing to change that. Owners of empty commercial premises, or perhaps discussed agricultural buildings, will still have to take civil possession proceedings against any squatters, and the new law may only serve to increase these sorts of instances.
The proposed new law is not an easy solution to situations such as the ‘Dale Farm’ saga that dominated the headlines for much of the year either. There will still be no offence for squatting on open land.
It is also important to note that the new offence will not change the existing laws on adverse possession. If a squatter is not discovered and removed from the premises using the new offence, then they will still be able to bring an adverse possession claim at the Land Registry after the required period of time has elapsed, so beware.
It is therefore clear that the message remains the same as it ever was. If you own an empty building, whethere residential or commercial in nature, then you must take adequate steps to secure your property so that the problem does not have the opportunity to manifest itself in the first place. Reliance on the potential deterrent effect of the new offence would be misguided.
If you need any assistance with any of the above, we will be glad to assist. Please contact Charles Goldthorpe at HilliersHRW Solicitors LLP by email to cg@hilliershrw.co.uk or telephone 01234 858000.
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