MoJ urges agencies to co-operate as new squatting offence comes into force
The Ministry of Justice has called for close co-operation between the police, local authorities and homelessness service providers when the new offence of squatting in a residential building is enforced.
The offence – created by s. 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 – comes into force tomorrow (1 September). It is punishable by a maximum prison term of up to six months, a £5,000 fine or both, and applies throughout England and Wales.
The MoJ has published guidance covering:
- Elements of the offence – points to prove;
- Penalties;
- Relationship to other offences;
- Support for homeless and vulnerable people.
The Ministry claimed that the offence would protect homeowners and tenants who may have been excluded from their homes.
“It will also protect landlords, second homeowners and local authorities who discover trespassers living in a residential building that they own or control even if no one was living there at the time the trespassers occupied the building,” it added.
The guidance emphasises amongst other things that a person can only commit the offence if they have entered and remain in the residential building as a trespasser.
“This means the offence will not apply to a person who entered the building with permission of the property owner, such as a legitimate tenant,” it says.
“This is so even if a legitimate tenant subsequently falls behind with rent payments or decides to withhold rent.”
A property owner will be expected to pursue established eviction processes in the county court or the High Court, where appropriate, if they want to regain possession of their property in such circumstances.
The guidance acknowledges that there may be cases where people are squatting because they believe the only alternative would be rough sleeping.
It says that particularly in areas where squatting is prevalent, police forces “may wish to liaise with local housing authorities and relevant partner organisations to develop protocols for dealing with persons arrested who claim they are homeless”.
The document also calls on the police to liaise with local authorities and homelessness service providers prior to enforcement in cases where they are called on to clear a residential building that is known to house rough sleepers.
This would ensure those other organisations are ready to assist if required and give appropriate advice on housing options.
“This is likely to work most effectively if protocols on joint working have been developed in advance,” the guidance says.
The document similarly urges liaison in cases where the fact that someone is squatting to avoid rough sleeping is only known after enforcement action has been taken.
The guidance stresses the specific legal duties towards homeless people that local authorities hold.
Justice Minister Crispin Blunt said: “For too long squatters have had the justice system on the run and have caused homeowners untold misery in eviction, repair and clean-up costs. Not any more.
“Hard working homeowners need and deserve a justice system where their rights come first – this new offence will ensure the police and other agencies can take quick and decisive action to deal with the misery of squatting.”
Housing Minister Grant Shapps said: “No longer will there be so-called 'squatters rights'. Instead, from next week, we're tipping the scales of justice back in favour of the homeowner and making the law crystal clear: entering a property with the intention of squatting will be a criminal offence. And by making this change, we can slam shut the door on squatters once and for all.”
A copy of the guidance can be found here.
Philip Hoult