SQUATTING: THE DIFFERENCE BETWEEN RESIDENTIAL AND COMMERCIAL PROPERTY
On 1 September 2012 squatting in a residential building became an offence under S.144 Legal Aid Sentencing and Punishment of Offenders Act 2012 (“the Act”). Under the Act squatters found in residential premises can be fined a maximum of £5,000 and/or imprisoned for up to six months. To a certain extent, it may be more important to homeowners that the squatters can now be arrested and quickly removed from the property, without the need to undertake lengthy possession proceedings through the courts.
The offence applies when a person trespasses in a residential property with the intention of living there. Section 144 of the Act provides that a person commits an offence if: the person is in a residential building as a trespasser having entered as a trespasser; the person knows or ought to know that he or she is a trespasser; and the person is living in the building or intends to live there for any period. A ‘building’ is defined as including any structure or part of a structure (including a temporary or moveable structure) and a building is ‘residential’ if it is designated or adapted, before the time of entry, for use as a place to live. Please note the Act cannot be used with regard to tenants who have failed to pay rent and are in rent arrears.
On 2nd September 2012 Alex Haigh, Anthony Ismond and Michelle Blake were found squatting in a residential property in Cumberland Street in London and were arrested and removed from the property. These squatters subsequently pleaded guilty in court and Haigh was sentenced to 12 weeks in prison.
However, web-sites, which provide information on squatting, are already making it common knowledge that commercial premises are not covered by the Act. Thus it is likely that squatters will now deliberately target commercial premises, instead of residential premises. Accordingly, landlords of commercial property need to be extra vigilant in taking steps to ensure that vacant commercial property is secured to stop occupation by squatters.
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