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Are Squatters Criminals?
Leon Golstein, Head of Property Dispute Resolution Team at Seddons Solicitors, discusses the issues on Nick Ferrari’s LBC breakfast show.
Leon Golstein was invited by Nick Ferrari to discuss a recent Tribunal decision in which Judge Henderson reinforced the law that, despite what the majority of the population think, squatters are not criminals and are entitled to occupy empty houses. In doing so, Henderson J upheld a Freedom of Information request and ordered Camden Council to disclose to the Advisory Service for Squatters, known colloquially as the estate agents for squatters, a list of all the empty houses in the Borough.
Leon explained to Nick’s breakfast listeners that whilst the decision was not wrong it was “against the spirit” of the law’s origins, which developed from allowing impoverished people with nowhere to sleep the opportunity to spend the odd night in a deserted barn or abandoned house without fear of criminality. According to Leon, today’s squatters have “hijacked” this medieval right and by breaking into houses and stealing food and electricity are abusing the common law system.
The solution?
Until the Government criminalises squatting the only option is to pursue squatters in the civil courts. The county court can award an Interim Possession Order which orders squatters to leave a property in 24 hours, following which it will be an offence to remain and the squatters can be arrested for trespass. Although it takes time and is a costly process, a good legal team can ensure that the process is done quickly and efficiently.
If you are concerned about squatters or for further advice on any other property dispute, please contact Leon Golstein on Leon.Golstein@Seddons.co.uk.