The Ministry of Justice has indicated that it intends to introduce a new criminal offence of squatting in residential properties.
This will apply where a person does the following:-
1. Enters a residential building as a trespasser.
2. Knows or ought to know that he/she is a trespasser.
3. Is living in a building or intends to live there for any period.
This new squatting offence will only extend to residential properties. However the MOJ has decided to tackle squatting in residential buildings as a first step as this type of squatting causes the greatest mischief and distress.
The MOJ is to look at both current civil procedures and the enforcement of existing criminal offences (criminal damage and burglary) as a means of dealing with squatting in commercial buildings.
Consultation notes state that the offence will not extend to land ancillary to residential buildings "at this stage". This implies that it may change in future but therefore it will not catch gypsy and traveller encampments on land ancillary to residential buildings.
The offence will not catch legitimate tenants, lodgers or occupiers who originally occupied with permission but subsequently had a disagreement with the Landlord and refused to leave.
For more information, contact Elizabeth Shaw on 0114 266 6660 or email [email protected]
