The Law
Recent changes in the law have given magistrates'
courts and the police further powers to assist members of
the public after they have suffered problems with
squatting. (The Criminal Law Act 1997 as amended and the
Criminal Justice and Public Order Act 1994). The law
applies only to residential property and assists in two
circumstances:
- the lawful occupier has been excluded by
trespassers or
- where someone has the right to move into premises
and finds that squatters have moved in before
they can take up residence.
The law calls the persons suffering from incidents of
squatting 'displaced residential occupiers' or 'protected
intending occupier'.
Trespassing is a very complex area of the law and you
are advised to obtain legal advice before taking action
as the courts may view mistakes very seriously.
Procedures to regain possession
of premises
To take back premises from squatters by force is an
offence and you will still be liable to comply with all
the laws relating to assaults and public order. However,
the new law provides proceedures to obtain documents
giving you the power to enter premises where you have a
right to live, and demand that squatters leave. The
document can be obtained from a Justice of the peace or
Commissioner for Oaths. You are advised to obtain advice
on this from a solicitor, the magistrates' courts office
or citizens advice bureau. The procedures will not take
long to complete.
Police powers
Police have powers to assist you, but will want to
establish first that you have a right to enter and take
possession of the premises. To establish this right, the
police will want to see the correct documentation, and
will advise you to get this first. Once your rights are
established to the satisfaction of the police, they will
agree with you what assistance can be given. There
arediscretionary powers of arrest in the law which the
police may use if the squatters fail to comply with the
directions of documents issued by a court. The police
will not give you legal advice on trespassing.
Some "DOs"
- Do get proper legal advice
- Do get the proper documentation
- Do keep calm and be patient
- Do assist the police with statements, if
necessary
- Do keep a record of everything that happens- it
may be needed as evidence
Some "DON'Ts"
- Don't use violence or make threats
- Don't take the law into your own hands
- Don't lose your temper
1st May, 1998
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