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01 October 2012 / Mark Tempest
Issue: 7531 / Categories: Features , Property
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Your place or mine?

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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

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