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Squatting law

May 12 2011
Police will be able to enter the property by force

On 7 March, a group of MPs submitted a motion that proposes criminalising squatting.

The proposal was spearheaded by the Conservative MP for Hove, Mike Weatherley, and backed by 22 MPs (20 of whom are also Conservative).

It’s the latest step in a growing campaign against squatting. According to the Telegraph, Justice Secretary Kenneth Clarke has made changing the law a priority. In December, Housing Minister Grant Schapps issued guidelines to property owners advising them what action they can take against squatters (as covered in The Pavement, December 2010)

The law in England permits squatters to enter an empty or abandoned property without the owner’s consent, as long as they don’t cause damage, use utilities (such as electricity or gas) or commit any criminal offences when entering or staying. Owners must contact go through the civil courts to have the squatters evicted.

Under the new law, squatting will be a criminal rather than civil offence, giving police the power to gain entry to the property by force and arrest squatters.

Squatting is already illegal in Scotland, where arrested squatters can face a maximum fine of £200, or 21 days’ imprisonment if the fine is not paid.

An unusual amendment was added to the motion by Conservative MP Robert Halfon on 14 March, reading: “at end add ‘with the exception of the squat in the house of Saif al-Gaddafi in North London’”.

The motion was debated in Westminster Hall on 30 March. Crispin Blunt, the Parliamentary Under Secretary of State (Prisons and Probation) said a public consultation would be carried out and suggested possible amendments to the law, such as giving owners of commercial property the same rights as residential property owners, i.e. making it legal for squatters to break into their property.

The Pavement will follow developments regarding the proposed changes, including the announcement of when the public consultation will begin. According to the Evening Standard, this is expected to be after the local elections in May.

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