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Squatting could become crime after review of legislation

AKA pseudonym

Well-Known Member
Hardly surprising....
Squatters could be fined or even jailed under plans being considered by ministers.

At present, homeowners in England have to obtain an order from the civil courts to force squatters to leave.

But the Ministry of Justice is looking at how to strengthen the law, and one option is to make squatting a criminal offence as it is in Scotland.

Squatters north of the border can be fined £200 and jailed for up to 21 days if they fail to pay the penalty.

A review is also examining if interim possession orders, requiring squatters to leave a property, could be granted by the courts within 24 hours rather than taking up to a week.

Housing minister Grant Shapps told the Standard: “We are looking at whether the balance in the law on squatting is right or whether home-owners need better protection.

“Squatting is wrong and the Government is keen to ensure that all the proper measures are in place to help legitimate homeowners get their property back.”

In Scotland, the owner or lawful occupier of a property has the right to evict squatters without giving any notice or applying for an eviction order, but must not break the law by using violence.
source
There is a Europe wide crackdown even in the Netherlands:
A timeline of actions in Amsterdam and elsewhere in the Netherlands during the squatting ban

Squatting is a neccesity in most cases.. Im not defending the trustafarians.. but those who have no other options...
There are almost 652,000 empty homes in England as a whole, according to the Empty Homes Agency.
source

Related link:
CAB enquiries continue to rise: homelessness and rent arrears among fastest growing problems
24 November 2010

Citizens Advice Bureaux across England and Wales dealt with 14% more housing problems in the three months July – September 2010 compared with the same period last year.
New figures show that in the second quarter (Q2) of this financial year (2010/11) the overall rise in housing problems was fuelled by big increases in enquiries about homelessness, both actual and threatened. At the same time bureaux continued to deal with a big increase in rent arrears to private landlords.
•Actual or threatened homelessness problems rose 22% (from 20,289 to 24,720)
•Rent arrears to private landlords rose 19% (from 5,876 to 7,020)
•Problems with access to accommodation rose 20% (from 8,305 to 9,952)
 
Yep, Tories been wanting to make squatting a criminal rather than civil offence for a while. And not heard much about trespass law lately but I'm sure Pickles is right behind on that one.

What with this and the changes to housing benefit and social housing tenancy reforms, they're attacking from all directions.
 
Oh great get evicted because housing benefit doesn't cover your rent, or the govt evict you from your council house and if you can't afford to rent privately and try squatting they criminalise you.
 
Squatting could become crime after review of legislation

sorry... I thought this was a thread about Britain and the US in Afghanistan
 
I just dug out some recent references to squatting in House of Commons questions. I guess it doesn't include whatever has been said in speeches. There certainly does seem to be some anti-squatting pressure coming from Conservative MPs....

26th Oct:

Squatting

Rehman Chishti (Conservative): To ask the Secretary of State for Communities and Local Government what his most recent estimate is of the number of properties occupied by squatters. [19614]

Andrew Stunell (Lib Dem): Information on the number of properties occupied by squatters is not held centrally.

2nd Nov:

Squatting

Mike Weatherley (Conservative): To ask the Secretary of State for Justice (1) how many people squatting in premises were prosecuted for offences related to non-payment of council tax in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (2) how many people squatting in premises were prosecuted for offences of robbery in (a) 2007, (b) 2008 and (c) 2009; (3) how many people squatting in premises were prosecuted for offences related to carrying out unauthorised works to a listed building in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (4) how many people squatting in premises were prosecuted for offences of television licence evasion in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (5) how many people squatting in premises were prosecuted for offences of criminal damage in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (6) how many people squatting in premises were prosecuted for offences of arson in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (7) how many people squatting in premises were prosecuted for offences of trespass in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (8) how many people squatting in premises were prosecuted for offences relating to using utilities without contacting the suppliers in respect of those premises in (a) 2007, (b) 2008 and (c) 2009; (9) how many people were prosecuted for breaking and entering where their apparent purpose was to squat in (a) 2007, (b) 2008 and (c) 2009; and how many of these had previously been subject to an anti-social behaviour order.

Crispin Blunt (Conservative): Data held centrally by the Ministry of Justice on the Court Proceedings Database does not contain information about the circumstances behind each case, beyond the description provided in the statute under which proceedings are brought. It is therefore not possible to separately identify whether offences were committed by squatters for: non-payment of council tax; robbery; carrying out unauthorised works to a listed building; television licence evasion; criminal damage; arson; trespass; or using utilities without contacting the suppliers. Similarly it is not possible to separately identify those persons prosecuted for burglary whose apparent purpose was to squat.

3rd Nov:

Squatting

Mike Weatherley (Conservative): To ask the Secretary of State for Justice what plans he has to bring forward legislative proposals to amend legislation on squatting; and if he will make a statement. [20911]

Crispin Blunt (Conservative): We are considering whether the law in relation to squatting and the way it is enforced, should be strengthened, but we have not yet reached any firm conclusions.

Squatting: Evictions

Christopher Pincher (Conservative): To ask the Secretary of State for Justice if he will bring forward legislative proposals to extend the rights of property owners and local authorities to evict squatters from private property. [21247]

Crispin Blunt (Conservative): We are reviewing with other Government Departments whether the law in relation to squatting and the way it is enforced, should be strengthened, but we have yet to reach a conclusion.

8th Nov:

Squatting

David Amess (Conservative): To ask the Secretary of State for Communities and Local Government if he will bring forward legislative proposals to require local authorities to report to his Department annually on the number of properties in their locality that are occupied by squatters; what recent discussions (a) Ministers and (b) officials in his Department have had with local authorities on squatters; and if he will make a statement. [21934]

Andrew Stunell (Lib Dem): We have no plans to introduce a requirement for local authorities to report the number of properties occupied by squatters. No discussions have taken place with local authorities. However, we will be taking steps to help get empty homes back into productive and lawful use, reducing the scope for squatting. We are also providing more guidance to home owners on their legal rights against illegal squatting on their property.

David Amess (Conservative): To ask the Secretary of State for Communities and Local Government what guidance his Department has issued to local authorities on managing squatters in each of the last three years; what guidance his Department plans to issue in the next year; and if he will make a statement. [22006]

Grant Shapps (Conservative): The Department has not issued any guidance to local authorities on managing squatters but has today made available on the DCLG website advice to home owners affected by squatters at: www.communities.gov.uk/publications/housing/advicesquatters

Empty Dwelling Management Orders: Squatting

David Amess (Conservative): To ask the Secretary of State for Justice what recent representations he has received from (a) members of the public, (b) local government councillors and (c) hon. Members and Members of the House of Lords on properties occupied by squatters; what response he provided in each case; and if he will make a statement. [21935]

Crispin Blunt (Conservative): Following recent media coverage about the harm caused by squatters in residential and non-residential property, I have received a number of representations from members of the public and Members of Parliament calling for the law to be strengthened. To date, I have not received any representations from Members of the House of Lords or local councillors on this issue.

I have asked my officials to look at the existing law on trespass and the way it is enforced to see if it can be strengthened. They are working with officials in other Government Departments, including the Home Office, and with the Association of Chief Police Officers and CPS to see what, if any, changes may need to made, including to police guidance on dealing with squatters. No firm conclusions have been reached.

Squatting

David Amess (Conservative): To ask the Secretary of State for the Home Department (1) what guidance her Department issues to the police on the treatment of squatters; what recent discussions she has had with the police on treatment of squatters; and if she will make a statement; [21982]
(2) what recent representations she has received on the adequacy of police powers to remove squatters from residential property; what response she provided in each case; and if she will make a statement. [21983]

Nick Herbert (Conservative): I have not received any specific representations on the adequacy of police powers to remove squatters from residential property, but I understand that my right hon. and learned Friend, the Lord Chancellor (Mr Clarke) has received a number of representations on the subject. The Home Office has not issued any specific guidance to the police on the treatment of squatters.

The Ministry of Justice is currently looking at the law on trespass, and the way it is enforced, in association with the Association of Chief Police Officers, other Government Departments, including the Home Office and the Crown Prosecution Service, to see if any strengthening or guidance is needed.

11th Nov:

Squatting: Dartford

Gareth Johnson (Conservative): To ask the Secretary of State for the Home Department how many evictions of squatters from properties in Dartford constituency there have been in each of the last five years. [22804]

Jonathan Djanogly (Conservative): I have been asked to reply.

The Ministry of Justice holds statistical information in relation to the number of possession orders against squatters or trespassers made in the county courts of England and Wales, and the number of interim possession orders made, upon delivery of which squatters must leave within 24 hours or be guilty of a criminal offence. There was one possession order made against squatters or trespassers in Dartford county court in 2008 and none in each other year from 2005 to 2009. There were no interim possession orders made in Dartford county court between 2005 and 2009.

Central administrative databases are not able to separately identify how many of these orders were in relation to squatters specifically. The Ministry of Justice also does not hold any statistical information about the number of evictions of squatters from properties.

The civil procedure rules state that all claims for the repossession of land must be commenced in the district in which the land is situated. However, county courts' jurisdictions are not coterminous with constituency boundaries. The above figures do not therefore necessarily relate to properties located in the Dartford constituency area.
 
I like the Indie's utterly unbiased stance in picking examples there. It's well known that everyone who squats is part of an art collective, after all.
 
I just dug out some recent references to squatting in House of Commons questions. I guess it doesn't include whatever has been said in speeches. There certainly does seem to be some anti-squatting pressure coming from Conservative MPs..... [snip]

very interesting... have you a link?
 
very interesting... have you a link?

I found all that on the Parliament website. You can do the same search by going to w w w. parliament . uk/search/advanced (without spaces) and selecting Debates & Answers 1. Hansard Debates + 2. Commons Written Answers and searching for "squatters" for a recent date range.
 
Yep, Tories been wanting to make squatting a criminal rather than civil offence for a while. And not heard much about trespass law lately but I'm sure Pickles is right behind on that one.
Not a very promising start to a the promised new approach of not seeking to resolve all ills by legislating like New Labour used to ... :(

There is no need for new legislation. There IS a need for more robust use of existing legislation in appropriate cases and, perhaps, some amendment to the Criminal Law Act 1977 to make the displaced residential occupier and protected intending occupier bits less complex and to include something about substantial damage to the property criminalising a squat but apart from that I don't think we need new laws.
 
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