Squatting, or rather illegal occupation of a residential property was criminalised on 1 September. Anyone breaking the law will receive a maximum penalty of six months in jail, a £5,000 fine, or both.
Previously squatting was treated as a civil matter and homeowners – including councils and housing associations – would have to go to a civil court to prove the squatters have trespassed before they can be evicted.
David Lawrenson, author and owner of LettingFocus.com insists the law is merely in place to show the government is “doing something.”
He said the new law will not deter squatters, insisting they will find ways around it.
“We think that all a squatter now has to do under the new law is go to the Land Registry website and find out who the owner of the property is. They could also make up a plausible looking tenancy agreement with a false name for the tenant and the true name of the landlord and then show the agreement to the policeman, bailiff or owner.
“If queried, the squatter will say they pay rent in cash to the landlord. Naturally there is no trail for cash and they can always say that the landlord never issues a receipt,” said Lawrenson.
Ministers said the new law would be better protection for homeowners, with former Housing Minister Grant Shapps arguing the government has “tipped the scales of justice in favour of the homeowner.”
However, some campaigners have warned the law could criminalise vulnerable people and lead to an increase in the number of people sleeping rough.
Leslie Morphy, chief executive of the homeless charity Crisis, said the new measures “will do nothing to address the underlying reasons why vulnerable people squat in the first place – their homelessness and a lack of affordable housing”.
The Ministry of Justice has issued guidance for police and other law enforcement agencies on the new offence.
Under the rules, a person is committing an offence if:
– The person is in a residential building as a trespasser having entered it as a trespasser
– The person knows or ought to know that he or she is a trespasser
– The person is living in the building or intends to live there for any period
