Squatters face prison under new law

Squatting in homes and all other residential building is now a criminal offence and offenders could face a prison sentence.

The practice has been criminalised for the first time in England and Wales. The new offence will be punishable by a maximum prison term of up to six months, a maximum £5,000 fine or both.

The new law follows on from a public consultation last year on options for dealing with squatting and better protection for homeowners. Previously, the only option was to seek a civil court order to regain possession of the property, which could be time consuming, expensive and stressful.

Former 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.”

The new offence is expected to protect homeowners, legitimate tenants who have been excluded from their homes as well as people who own residential buildings they do not live in such as landlords, local authorities or second home owners.

The Association of Chief Police Officers (ACPO) said the legislation would allow police to take immediate action.

Chief Constable Phil Gormley, ACPO lead on Uniformed Operations, said: “Our experience is that the problem of squatting varies between police forces and it is more pressing in some areas than others. However, police can now act immediately and remove squatters directly from properties in line with the new legislation and ensure people`s homes are protected.”

However, despite the Government’s enthusiasm, some organisations have accused the law as being a “stupid attack” on squatters’ rights to a home.

The Squatters’ Action for Secure Homes (SQUASH) said the law, which falls under the Legal Aid Sentencing and Punishment of Offenders Act 2012, will not fully achieve its aim, and that non-residential property remains “as safe to squat as before”.

A spokesperson said: “We expect that the next few months will see a spate of challenges and test cases, which will draw lines between what can and what can’t be done. We at the Advisory Service for Squatters, along with others, have been going through what’s actually in writing, to work out how we can help people to be as safe as possible. Unfortunately we can’t be as reassuring as we would wish.

“What is clear is that we should take down our old much-loved legal warnings, as these will be read as an admission of committing a criminal offence.”

A number of legal challenges have been put forward against the measures including the case of a mother of four from Wales who has been squatting for the past 11 years.

Irene Gardiner has been living in her home, a cottage in Newchapel, as a squatter along with her two children Hazel and Sol who attend the local school.

Lawyers acting for the 49-year-old argued that if the police and/or director of public prosecutions were to take action against their client, they would be acting in breach of the Human Rights Act and breaching Ms Gardiner’s Article 8 right to a personal and family life.

In addition, reports claim that the estimated cost of the Act could be as high as £790 million to the taxpayer as those criminalised by their current living arrangements could face court costs including eviction being passed onto the police and councils having to meet the costs of re-housing.

Ugo Hayter, part of Ms Gardiner’s legal team from Leigh Day & Co, said: “The ramifications for society are enormous. This legislation will have impacts on the most vulnerable people in society and will be a further burden on already strained public services.

“There is existing criminal and civil law which enables property owners to swiftly evict squatters, and home owner