editor posted on April 21, 2011 06:31
Following pledges made by Justice Secretary Ken Clarke, to make squatting illegal, Housing Minister Grant Shapps has claimed that he has "locked the door" on squatters' rights for good, by strengthening the Government's advice to homeowners looking to protect their properties.
The Government says that will take steps in the ‘New Year’ (presumably he means 2012?) to make squatting a criminal offence - but the Minister argued that now was the time to "redress the balance and make sure homeowners were fully aware of their rights".
Published jointly with the Ministry of Justice, the new guidance says that the UK’s 20,000 squatters are not above the law - and that there are steps property owners can take if a squatter invades their property.
Much of the guidance is as woolly as it ever was, putting the responsibility on owners to make sure their home is secured if they are not living in it. The main tenet is that the ‘legal warning’ posted on the door of a squat is incorrect. “Do not be put off by the ‘legal warning’ squatters often post on the front door. This claims that it is an offence for a person to use or threaten violence to enter their property if the people inside are opposed to their entry. While this may be true in certain circumstances (e.g. a landlord threatening to barge his way in to evict a legitimate tenant or an owner of non-residential premises breaking back into their property) this offence does not apply to a displaced residential occupier or a protected intending occupier trying to get back into their own homes. It also does not stop police from entering the property if they want to arrest somebody inside on suspicion of criminal damage, theft, etc.”
Grant Shapps said, "There's never been such a thing as squatters' rights - they are just a misreading of the laws that are actually designed to protect the homeowner. I want to lock the door on squatters and their so-called rights once and for all.
"I want homeowners to be fully aware of the laws that are already in place to protect them. That's why I’ve published updated and strengthened guidance, so people know the steps they can take to protect their properties from being invaded, and if squatters do move in, the legal steps that can be taken to have them removed. And because we as a Government are all too aware of the misery and distress that squatters can cause, we will look to take steps in the New Year to make squatting a criminal offence."
Whilst at Lenwell we agree with a stronger line being taken on squatters, we do wonder whether the publicity hungry Mr Shapps will really have anything new to offer. The law does basically protect property owners now but the perception is often somewhat different.
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