Squatting For Dummies

Latest landlord News by: Madalena Penny

In the late 1970,s and early 80’s squatting was far more prevalent than today.  In fact in 1979 alone there was estimated to be 50,000 squatters throughout the UK, 30,000 of these could be found in London.  Today there is an estimated 20,000 property hijackers living rent-free in England and Wales.

Most squatting took place in empty council houses, with local authorities removing staircases from empty properties and filling toilets with cement to deter squatters, however families fed-up with council housing waiting lists were also a popular addition to the squatting movement at this period.  Squatters tended to blend in with communities and in some instances in London, street-parties and festivities were organized including neighbours, squatters and friends.  Whichever form, nearly all squatters took up residences in empty homes only.

Today, however, squatting is a far darker scenario, with tenant demand at it’s highest and house-building at it’s lowest, squatting has become a blight for property owners landlords and local authorites.  So called ‘squatters rights’, which coincidently never existed, was established through the ‘Criminal Law Act 1977’ under section 6, which made it an offence to use violence or threats of violence to gain access to premises when there is someone on the premises who is opposed to such entry.

The act, which was established to prevent unscrupulous rogue landlords similar to the Rackman scandal of the 1960’s from using heavy-handed tactics on tenants, has been bandied about by squatters recently as a crucifix to a vampire.  Unfortunately, last year, certain areas in London and Essex were targeted by immigrant squatters, causing misery to homeowners and residents, who were left homeless by these actions. More recently, one family in London lost their home temporarily to a band of European squatters who boasted that the laws in England were soft, making it easier to squat.

At present, the Criminal Justice and Public Order Act 1994, clearly states that it is not an offence if a person is a ‘displaced’ residential occupier or a protected intending occupier or an agent acting on their behalf who breaks down the door or forces a window to gain entry to their own residential premises, providing you are not a landlord or non-residential owner.

In fact, if you suspect, a squatter has damaged your possessions or stole anything, you are within your rights to call the police, who can forcibly gain entry to your home if they suspect a criminal offence may have taken place.

However, like our Scottish cousins, next year, squatting will be rendered illegal.  Housing Minister, Grant Shapps has addressed the continued issue and plans to introduce policy reform, renewing the outdated legislation with new reform making squatting a criminal offence.

After an interview with an 88 year-old gentleman who’s home had been taken over by east European immigrants, it is obvious that vulnerable members of society are threatened by the new wave of squatters.  Unlike their 1980’s counterparts, there is nothing wooly or quirky about squatting in these times and these days the bully-boy tactics arise from the squatters themselves, while hiding behind 1970’s legislation.