LEGAL


Squat! T


he downturn in the property market has made commercial and residential properties much harder to sell with the result that premises are remaining empty for longer


periods of time. Combined with a rise in unemployment and decreasing social housing stocks, this has led to an increase in the number of empty properties being occupied by squatters. For property professionals, a property


occupied by squatters is a logistical nightmare. Squatters can cause both structural and decorative damage to a property and will deter all but the most keen buyer. The key is to move them on quickly and put the property put back into its previous condition prior to completion. Evicting squatters is an expensive and


labour-intensive process so it is important to take all possible steps to avoid an occupation in the first place. Try to ensure the property is not empty for long or is secured and/or patrolled. Securing a building means more than locking the doors and windows. If a property is likely to be empty for a significant period it is worth hiring a contractor to put up temporary steel shutters, at least on the ground and first floors, secure other entrances and install an alarm or a caretaker to deter/detect intruders. These measures are not always possible,


particularly when dealing with residential property where steel shutters and overt security measures may deter prospective purchasers. In these circumstances it is important that the building has the appearance of being occupied. Some squatters are opportunistic, but many chose their squat carefully and will watch a property for a considerable time to ensure it is suitable. Seeing that the property is being regularly looked after may persuade a squatter to find an easier target.


38 DECEMBER 2010 PROPERTYdrum


It’s a landlord’s worst nightmare. Matthew Knight explains how to get them out.


s.6 Notice


We live in this property, it is our home and we intend to stay here. At all times there is at least one person in this property. Any entry or attempt to enter into this property without our permission is a criminal offence as any one of us who is in physical possession is opposed to entry without our permission. If you attempt to enter by violence or by threatening violence we will prosecute you. You may receive a sentence of up to six months imprisonment and/or a fine of up to £5,000. If you want to get us out you will have to take out a summons for possession in the County Court or in the High Court, or produce to us a written statement or certificate in terms of S.12A Criminal Law Act 1977. It is an offence under S.12A


(8) Criminal Law Act 1977 (as amended) to knowingly make a false statement to obtain a written statement for the purposes of S. 12A. A person guilty of such an offence may receive a sentence of up to six months imprisonment and/or a fine of up to £5,000.


Once squatters have entered a property,


the first concern is to remove them as swiftly as possible. There are fast track eviction procedures available through the courts and some are designed to avoid the


need for a bailiff eviction. The most effective of these are only available for a limited period, usually twenty-eight days after the squatters first entered the premises. There are exceptions to this, but vigilance is essential if the squatters’ presence is to be detected in good time.


THE FIRST SIGNS OF THE SQUATTER Usually one of the first signs that squatters have taken over a building is the appearance of a ‘s.6 Notice’ stating that the squatters now occupy the building and intend to remain there. The wording of a s.6 Notice will vary but it usually says something similar to our panel on the left. It should not be taken at face value and its presence does not bestow any special protection on the squatters that they didn’t already have. Its primary purpose is to advertise that the squatters are there to trigger the protections contained in s.6 Criminal Law Act 1977, which states that it is a criminal offence to use or threaten violence to gain entry to a property if there is somebody on the premises at the time who objects to you entering the property, and you are aware of this. It is crucial to note that S.6 Criminal Law


Act 1977 does not prevent you re-entering the property if it is vacated by the squatters for any period of time and it is worth keeping a very close eye in case all the squatters leave for any period of time, affording you an opportunity to retake possession. Similarly, it is not an offence to enter if the squatters let you into the building voluntarily. The Criminal Law Act 1977 does contain specific powers and procedure to enable police and other third party organisations (such as bailiffs) to assist dispossessed residential occupiers, and those who are about to move into new properties, in removing squatters without court proceedings. These situations are rarely encountered in practice.


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