The Criminalisation Of Squatting

The government has confirmed that it is to criminalise squatting in residential properties. The Ministry of Justice has published a response to its consultation in which it lays out its plans for the creation of a new offence of squatting. This offence will apply to residential properties only and will be dependent on certain criteria. The key points are:

that the squatter must be in the property as a trespasser; that the squatter must have entered it as a trespasser; that they must have known or ought to have known that they are a trespasser; and that they are living in the property or intend to live there for any period. Justice minister Crispin Blunt commented that:

"Given the level of public concern about this issue, the government has decided as a first step to introduce a new offence of squatting in residential buildings. Stopping short of criminalising squatting in non–residential buildings represents a balanced compromise. Squatters who occupy genuinely abandoned or dilapidated non– residential buildings will not be committing the new offence, although their actions will rightly continue to be treated as a civil wrong and they can still be prosecuted for offences such as criminal damage or burglary."

The Legal Aid Sentencing and Enforcement Bill is currently making its way through Parliament and is likely to become law later this year.

There was substantial concern from bodies such as the Magistrates' Association that the new offence might criminalise Scouts, Guides or hikers sheltering in bad weather.

However the Ministry of Justice felt that these concerns were exaggerated. There was only a remote possibility of such problems arising given that it was unlikely that the property owner would complain. In any event the police would have discretion as to whether or not to charge an offender (or even investigate the matter). There will be no new offence to prevent tenants being maliciously accused of being squatters as it is felt that the current offence of perverting the course of justice is a sufficient safeguard.

It is unlikely that the new regulations will help in relation to the problems for landlords created by movements such as Occupy London, particularly as the new offence will not, at this stage at least, extend to commercial buildings.

When the Occupy London protesters took over part of a 500,000 sq ft City office development site owned by UBS Bank subsidiary Sun Street Properties, Sun Street Properties were forced to rely on...