header-logo header-logo

Your place or mine?

01 October 2012 / Mark Tempest
Issue: 7531 / Categories: Features , Property
printer mail-detail

Is the clock ticking for squatters? Mark Tempest reports

From 1 September 2012, there is a new offence of squatting in a residential building. Whether jail for up to 51 weeks and/or a fine will deter would-be squatters remains to be seen.

But those advising property owners or occupiers dispossessed by squatters will, by definition, be dealing with a situation where the existence of the offence was no deterrent. For advisers, the question is whether there is anything in the new law that may help get back possession of the premises.

The new offence

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 creates an offence of squatting in a residential building.

The offence is committed by anyone who is in a residential building as a trespasser if: -

  • They entered it as a trespasser (even if before the section came into force)
  • They know or ought to know they are trespassing; and
  • They live in the building or intend to live there

“Building” is widely

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll