How Do We Make An Offence Of Squatting In Commercial Premises?

Squatting has always been a contentious subject for discussion, whether you have been the unfortunate victim of squatters taking up residence in your house or whether you have given support to a client, colleague or friend dealing with the legal process of evicting squatters. This article looks at the current legal process and suggests legislative changes are urgently required to include commercial properties within the offence of squatting.

The long arm of the law

The average man on the street will be aware that since autumn last year, squatting in a residential property became a criminal offence punishable by up to six months in prison and/or a fine of up to £5,000. From 1st September 2012, Section 144 of the Legal Aid, Sentencing and Punishing of Offenders Act 2012 (LASPO 2012) made squatting an offence punishable by up to six months in prison and / or a maximum fine of £5000.

The offence does not cover squatting in non-residential buildings or land, but in certain circumstances squatters who have broken into those premises or caused damage might be guilty of other offences, which will be looked at in more detail later in this article. The offence is also not retrospective for cases where the squatting has ceased. It does, however, apply to squatters who went into occupation before 1st September 2012 and remain in a residential property now.

At the end of September 2012, the national press highlighted that a squatter in a London & Quadrant housing association property had been prosecuted under section 144 of LASPO 2012. Mr Alex Haigh allegedly pleaded guilty to squatting and was sentenced to 12 weeks in prison. This was the first example of a squatter being imprisoned under LASPO. There was a suggestion that this first case was unusual as Haigh immediately admitted squatting, possibly because the offence was so new he did not understanding the impact of his guilty plea.

The consequences of LASPO have now had nine or so months to sink in and squatters are once again clued up about how to avoid criminal offences. If you want to avoid criminality then squatters are aware that they should squat in commercial premises. If squatters continue to invade residential properties then they are more likely to claim they are in occupation under a lease or tenancy agreement with an unknown landlord and that they have been the victim of a fraudulent letting.

Residential property owners are now undoubtedly in a much better position regarding squatters, as the police can arrest and prosecute any offender. The added benefit of this new...

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