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Squatting

From 1 September 2012 landlords were given powers to deal with squatters under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This made squatting in residential premises a criminal act with a penalty of up to 6 months in prison and/or a fine up to £5k.

Civil remedies are still open to landlords however the housing management group agreed that this new procedure should be followed in the first instance for all new acts of squatting.

Report of squatting

  • It is best if a neighbour gets in touch to report squatting (possibly taking place at the time), to contact the police or ask them to.

Visiting

  • A visit would normally be needed. If the squatters have left you will probably want to visit to check how they got in.  Otherwise, a visit would normally be needed to check out who is living there.  Useful to take on this visit are the squatting helplist (appendix A) and the squatting standard letter (appendix B).  You may want to be accompanied by a colleague to act as a witness and/or for support.
  • The squatting help list is an aide memoire to note (where possible):
    - who is occupying and how many people (including any names  given);
    - how they got in;
    - any obvious vulnerability issues or if there are children present.  This may involve talking to neighbours or caretaker; and
    - if nuisance or ASB is being caused.
  • Ideally deliver the standard letter (above).  This advises the occupants that they are committing a criminal act, that the police will be called and the consequences. It also advises them to call the housing needs group if they require housing assistance.

Returning to the office

  • Seek further advice if you believe there is good reason for the police not to be called.  You may want to discuss with a manager if you are concerned about a vulnerability issue and housing needs before calling the police.
  • It will be helpful to let community safety know, through the local community safety officer (CSO), what you have been able to find out from the visit.  The CSO can notify appropriate services such as street population coordinator and safer streets team to potential homelessness issues and can check to see if the squatter/s are known to us and what risks there might be.
  • Notify housing needs of the details of the squat that you have managed to get and what you intend to do [email protected] cc Jane Mulholland [email protected]

Contacting the police

  • Contact the police on 101.  If ASB, nuisance or any known crime (such as drug dealing) is known to be taking place, tell the police so they can prioritise.  If an offence is being committed they will try attend within the hour.
  • In any event, the call handler will be able to advise of the response time.
  • Let community safety ([email protected]) and housing needs [email protected] cc [email protected] know the intended date and time.
  • Arrange a carpenter and any security.  If the property has been squatted before and is vulnerable you might want to consider property guardians. Discuss with the NHM if necessary.
  • If possible, attend the eviction with police and wait while the property is secured.  If any goods have been left behind refer to the Removal of former tenants’ belongings procedure.
  • It is a good idea to advise neighbours to contact the police if they witness someone else breaking in or squatting. 
  • Any criminal damage can be added if the police press charges
Last updated: 03 May 2023