p>Elaine Dobson, property partner at Bircham Dyson Bell LLP welcomes the Governments plans to make squatting a criminal offence. Under English law squatting is only unlawful and that is a civil law offence but it is not illegal.
The Government's actions, if passed into law, will bring England and Wales into line with Scotland where squatting has been a criminal offence since the 1800s. Further an owner will not have to endure lengthy, costly legal battles by home owners to evict them from their homes and also a repair bill which can run into the tens of thousands of pounds.
"Currently, squatters must only have gained access via an open door or window and not have forced their way into a property to be deemed a squatter," explains Elaine Dobson.
"Justice Secretary Ken Clarke needs to be clearer; he suggests that those who 'force' their way into empty properties will face a prison sentence if squatters' rights are revoked. However, the squatters bible ensures that any person considering squatting , should not when they gain entry, cause criminal damage. We have heard on at least a couple of occasions that squatters have posed as prospective tenants and or buyers and left windows unlocked or partly open when they have been escorted around the house. Further most squatters gain access when property owners have had workmen in the house and as such owners or occupiers must ensure that the property is sufficiently secured after any visit and or when in the care of a third party.
The Scottish law, the Trespass (Scotland) Act 1865, deems it a criminal offence to 'lodge in any premises or encamp on any land which is private property without the consent or permission of the owner or legal occupier'.
"An end to the lengthy process of removing squatters will be welcomed wholeheartedly - it takes an inordinate amount of time in lengthy and costly legal battles in the courts to evict squatters and seems incredibly unjust in most cases. Instead the police would be able to force entry and arrest anyone who has occupied a property, but we need to see the finer details of how the Act defines the occupation of another's land and is to be enforced."
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