Squatting has for many years been an emotive issue – and, although still quite rare, a subject
of real concern to residential landlords.
Squatters move into empty properties and take over occupation without obtaining the
permission of the owner, their agent or the person legally entitled to live there.
They can cause thousands of pounds worth of damage and it is almost impossible for
landlords to successfully claim for damages, since the perpetrators more often than not have
limited financial means.
But towards the end of 2011 the Government took action to make squatting a criminal
offence by incorporating it into the Legal Aid, Sentencing and Punishment of Offenders Bill
2011.
“It’s a very significant move and a welcome result for our industry,” said Gordon Rogers, of Belvoir Chester,
which has an office on xxx. “Squatting can have a devastating effect on a landlord’s
business and it can be very difficult, time-consuming and expensive for them to remove
squatters from their properties. Regaining possession can be a long and drawn out process
and it creates real problems when trying to re-let a property to a potential new tenant.”
“Whilst it is not necessarily widespread in our region, squatting has been a growing problem
nationally and an issue we have taken a great deal of interest in, to help protect our landlord
clients.”
In Scotland, squatting has been a criminal offence for over 150 years and anyone found
guilty can be sentenced to up to 21 days in jail.
Unfortunately, this has not been the case in England and Wales. Owners have had to use
civil courts to enforce their rights.
A 2010 UK Bailiff Company report, which found a 40% rise in squatting eviction cases and a
staggering 132% rise in squatting over a 15 year period, heightened the collective anxiety of
the private rented sector.
Belvoir xxx, along with over 140 other Belvoir offices throughout the UK, has backed a long
running lobby to get the law changed. The campaign was spearheaded by the UK’s largest
industry bodies, the National Landlords Association and the Residential Landlords
Association and taken up by MP Mike Weatherly, who proposed a motion in March of last
year.
“We welcome the government’s decision to criminalise squatting,” added Gordon “We will
continue to support the industry bodies – who are pushing for further clarification on issues
surrounding immediate re-possession of property, so that our clients can build their property
portfolios without hindrance from unwanted trespassers.”
“Despite this latest development, we question whether the measures address the root cause
of the problem and until then must advise anyone with a rental property to remain vigilant
and take sensible measures to protect it.”
If it is impossible to maintain your property from a distance then employ a maintenance
company, or a specialist lettings agency, such as Belvoir, to do it for you.
“Preventing an empty property from squatter invasion is no easy task,” added Gordon. “If you
haven’t covered all the bases and the squatters are determined enough, then they will get
in. But you can reduce the risk substantially by following our advice. If it enables you to
bridge the gap between vacancy and rental income then it is undoubtedly worth the effort.”
If landlords – or indeed tenants – would like further guidance or advice on how to protect their
properties then please call Belvoir Chester on 01244 402960 . One of our team will be happy to assist you.