19th July 2011

Squatting to be Criminalised?

Landlords could get greater protection from squatters following new proposals by from the government to criminalise the practice.

A new consultation paper has been published by justice minister Crispin Blunt which puts forward plans to create a new crime of squatting in relation to both residential and commercial properties.

The proposals would also see the abolishion of 'squatters' rights', which currently prevent rightful commercial property owners from using force to break back in.

"Far too many people have to endure the misery, expense and incredible hassle of removing squatters from their property," said Mr Blunt.

"Hard working home and business owners need and deserve a justice system where their rights come first."

Such a move could be good news for owners of buy-to-let properties. However, buildings insurance for landlords could still be vital in order to protect themselves from the damage caused by squatters, as there are doubts that the new proposals will cut out the practice completely.

According to the National Landlords Association (NLA), the proposals do not fully address the main problem faced by landlords dealing with squatters - which it says is the difficulty they face in removing them from the property without going through lengthy and complicated legal processes.

"The NLA does not believe that criminalising individual squatters will alone solve the problem," said NLA chairman David Salusbury.

"At present, it can take landlords upwards of three months to lawfully regain possession of their property from squatters. The NLA would like to see landlords being able to demand that squatters leave immediately, and also automatically regain lawful possession.

In addtition, the NLA would like to see greater powers afforded to police to deter squatters from re-entering a property after being evicted.

"The police should be able to support landlords in such action through amendments to their existing statutory powers, such as Exclusion Notices which should prevent the squatters from returning," said Mr Salusbury.

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