Landlords will benefit from an "end to squatters' rights"
From Phillip James Letting Agents in Worthing and Brighton & Hove
The Justice Secretary Ken Clarke recently announced that the Government is planning to make squatting a criminal offence. After pressure from various landlord groups and Hove & Portslade MP Mike Weatherly, new laws will give police more powers to evict squatters and enable the justice system to hold these people to account for their actions.
Not enough protection for landlords
It’s one of a landlords worst nightmares to find an empty property suddenly occupied with squatters. Thankfully, this is a relatively rare occurance in the private rental sector but when it does happen, the interests of landlords are not well served by current laws.
If a landlord were to find a rental property occupied by squatters then the first port of call is likely to be the police. Breaking into a property is a crime and the police can take appropriate action. But it is not currently a criminal offence to occupy a property which has been left insecure. And a landlord or letting agent will find it very difficult to prove that a property that has been taken over was left secure. Once the squatters are in, it is the landlord or letting agent who would be commiting a crime by attempting to remove the squatters forcefully, and they would have no choice but to start the process of eviction through the civil courts. This can take a very long time and cost many thousands of pounds.
Squatting to become a crime
Squatting is already a crime in Scotland and will become illegal in England and Wales in early 2012. How far this criminalisation acts as a detterent to squatters will depend on the punishment they receive.
The argument of organised squatters groups is that properties should not be left empty for too long, and a civilised society should not allow properties to be simply ‘held as assets’ whilst so many people are without homes. This is a very sound argument. Perhaps those who feel strongly in favour of this should lobby law makers themselves? This could result in another change of law - one that ensures absent or rogue landlords are forced to offer a property for rent or sale, rather than leave it to rot.
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