Pictured above: Ruth Bartlett
The continuing difficult economic climate and welfare cuts are
increasing the risk of people's homes being invaded by squatters,
according to a Stratford lawyer.
What was mainly considered a London problem is likely to become
more common across the country, says Ruth Bartlett, head of the
private client dispute resolution team at law firm Lodders.
And, she cautions, home owners and landlords should take
precautions.
Recent incidents have included gangs of Eastern Europeans taking
over family homes while the occupants are out. The gangs then
change the locks and move in "tenants" who claim squatters' rights.
In another case, a man renovating his home took a week's break and
returned to find 15 squatters occupying his £700,000
property.
Ms Bartlett said: "Pro-squatter lobby groups claim there are at
least 20,000 squatters in England and Wales - approximately 15,000
of them in London.
"That still leaves a sizeable number outside the capital.
"While in the Midlands it is travellers suddenly 'invading' land
who are of more concern - a completely different issue - there is
every chance that squatting is going to become more prevalent as
the economy claims more victims, the number of homeless people
rises and council and welfare state cutbacks take their toll.
"In the past some local authorities found they had difficulty in
keeping track of their own housing stock, becoming an easy target
for squatters. Councils seem mostly to have tightened up yet there
are supposedly a million houses left empty across the UK at any
given time.
"That is a big opportunity for squatters and people need to take
the threat seriously."
The Department for Communities and Local Government is certainly
doing so. It has issued an online guide for homeowners on what to
do if squatters move in.
Ms Bartlett said: "If an occupier has no ownership documents, no
lease or tenancy agreement, no record of having paid rent to a
landlord, and no other evidence of consent being given, then they
are a squatter.
"But squatters do have rights. They cannot be legally evicted
from premises without an interim possession order from a court,
unless they leave voluntarily.
"It is illegal to threaten or use violence to enter a property
where someone is present and opposes this. The law doesn't apply to
a displaced residential occupier. This means that if you break down
the door of your own home, you wouldn't be committing a crime.
"However, going one step further and using violence to remove
the squatters could get you a criminal record, so you need to be
wary. It is a good idea to have a witness with you at all
times.
"If you cannot persuade them to leave then obtaining an interim
possession order is now far quicker than before. But an application
must be made promply.
"Once the order has been granted it must be served on the
squatters within 48 hours. The squatters will then be required to
leave within 24 hours and not return within 12 months.
"If the squatters refuse to leave, cause damage or steal things
they are committing a criminal offence and risk arrest by the
police or eviction by a court bailiff.
"The whole process should be capable of being resolved within
one to two weeks, providing you can prove your own title.
"Landlords and homeowners need to take sensible precautions.
"Keep properties securely locked when unoccupied. Give the
appearance of occupation. Ensure curtains or blinds are in place
and perhaps have a neighbour make regular visits. Leave radios
switched on, and lights on timers.
"Squatters are a menace and are capable of leaving a home
'trashed' - rubbish everywhere, toilets blocked and graffiti on
walls.
"It really can be a nightmare, so don't be complacent."
For more information about Lodders, please visit their website
here: www.lodders.co.uk