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26th July 2011

Squatters. A rough guide on how to prevent and evict.

Justice Minister Crispin Blunt has published a consultation paper which puts forward the case that a new crime should be created in regards to squatters in residential and commercial properties.

Justice Blunt proposes that the ‘squatters right’ to reside in a property without the owners using force to break back in and retake ownership. At the moment the squatters can either leave peacefully or be forced to leave via a civil court order where a possession order can be granted.

 

 

How to protect your property from squatters.

 

Make sure the property is securely locked.

Give the appearance of a resident. One way to do this is to put lights on using a timer switch, its best to do this at times where residents are likely to be done, e.g. evenings, weekend.

If a property is going to be vacant for a period of time there are companies that can provide temporary occupiers, all of which have had the relevant checks.

Visit the property regularly.

 

LEGAL WARNING

Section 6 Criminal Law Act 1977
As amended by Criminal Justice and Public Order Act 1994

 

TAKE NOTICE

THAT we live in this property, it is our home and we intend to stay here.

THAT at all times there is at least one person in this property.

THAT any entry or attempt to enter into this property without our permission is a criminal offence as any one of us who is in physical possession is opposed to entry without our permission.

THAT if you attempt to enter by violence or by threatening violence we will prosecute you. You may receive a sentence of up to six months imprisonment and/or a fine of up to £5,000.

THAT if you want to get us out you will have to issue a claim in the County Court or in the High Court, or produce to us a written statement or certificate in terms of S.12A Criminal Law Act, 1977 (as inserted by Criminal Justice and Public Order Act, 1994).

THAT it is an offence under S.12A (8) Criminal Law Act 1977 (as amended) to knowingly make a false statement to obtain a written statement for the purposes of S. 12A. A person guilty of such an offence may receive a sentence of up to six months imprisonment and/or a fine of up to £5,000.

　

Signed

The Occupiers

N.B. Signing this Legal warning is optional. It is equally valid whether or not it is signed.

 

What to do if you encounter squatters or see the Legal Warning sign.

Do not use force to remove the squatters.

 

There are two ways in which squatters will leave the premises. The first is if they leave voluntarily whilst the second requires legal proceedings.

Legal Proceedings

Inform the police. If forced entry is obvious they will be able to assist.

Obtain evidence that there are unauthorised persons in the property. Statements from neighbours and photographs will improve your case.

Make a Landlord file containing land registry documents, title deeds and other relevant information.

Contact a Solicitor to start legal proceedings.

The squatters must be given five days notice.

At the hearing the squatters will be asked to prove there claim to residency. If this fails a possession order will be granted to the landowner.

Once a possession order has been gained the landlord can ask the squatters to leave, if they fail to do so then either the police or court bailiffs will need to evict the squatters.