header-logo header-logo

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

Your place or mine?

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 defined as any structure, including a temporary or moveable one.

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll