Introduction into Squatter Law in the UK
Squatters’ rights, also known as adverse possession, are typically used when someone occupies a space without the permission of the landowner. While most often associated with residential property, squatters’ rights also apply on non-residential properties. In the UK, squatters’ rights are largely governed by the Land Registration Act of 2002. Prior to its introduction, a squatter could claim permanent rights on land after merely ten years of occupation, without the required consent of the landowner. However, after the introduction of the Act, the rights of squatters are far more difficult to establish.
Under the Act, a squatter must prove their occupation in a legal sense, which typically means lots of paperwork and documentation. That said, if the property is not registered and for some period the occupation meets the general criteria, then a squatter may be able to register for adverse possession . However, if the land is registered, or has been within the previous 20 years, the squatter must apply to the landowner to transfer the title before the 10 year period is up. If the landowner replies within two weeks a possession order automatically extends to 2 months. If the landowner does not respond within the two-week period, the squatter can submit a claim form and wait for the land to be repossessed.
Squatters’ rights in the United Kingdom vary between the four nations. This guide will use England as a basis for explanation of all relevant squatting law and how it works, however, the basic principles of the Act are largely consistent across the UK, at least on a base level (e.g. squatters’ rights still relate to possession of property without consent).
A Brief Evolutionary History of Squatters Rights
For most of its long history, squatters in the United Kingdom have lived a precarious existence. Feared by land owners and marginalized by the public, squatters were considered largely separate from social norms; their very lives a denial of the traditional structures of society. In 1066, when the Normans invaded England, the increased demand for agricultural land forced many villeins – virtually landless peasant tenants – to trespass on common land, leading to tension between landlords and tenants. This trend continued and consolidated, leading to the Trespass Act of 1549. The Act made it a criminal offense to enter land for games or hunting, but was largely ineffective.
By the early 19th century, legal developments had curtailed squatting to some extent. The Poor Law Amendment Act of 1834 made squatting on common land punishable with imprisonment. It was thought that this would discourage the practice entirely. In practice, however, it only served to drive squatters into remote territories of England, where they could live with more freedom and less threat of legal action.
By the mid-19th century, the laws that allowed local authorities to clear out squatters began to develop. After a great deal of political pressure from local landowners in the wake of the1838 Poor Law Amendment Act – which widened the definition of "poor" to include incorrigible individuals, such as a person who broke laws – the Poor Law Amendment Act of 1842 for England and Wales made the act of squatting on land owned by an English local authority punishable by a £5 fine. In turn, the Vagrancy Act of 1824 in turn made it an offence to refuse to leave land when ordered to by a police officer.
The late 1800s saw the creation of more and more legal measures curbing squatters’ rights. The Allotments Extension Act of 1882 made it illegal for landowners to curb squatters’ rights by "disturbing" estates – i.e., by preventing poor people from living on the land. In effect, the act rendered tenants on estates essentially bulletproof – unless, of course, they were evicted by their landlords, in which case laws like the Landlord and Tenant Laws Amendment Act of 1860 allowed them to re-enter the property once again. Gradually, the law became progressively more restrictive until it was eventually transformed into its now-current form.
The 20th century witnessed a resurgence of interest in squatting in the United Kingdom. The political upheaval of World War II created a huge demand for housing and land, and groups began to take possession of abandoned homes and land, especially in urban areas. The growth of this practice led to the enactment of the Greater London Council Act of 1973, which made the forcible eviction of squatters a civil offense, punishable by a fine.
In 1977, this law was amended to make the forcible eviction of squatters an even more serious civil offense, punishable by six months imprisonment. In turn, in 1980, the current Housing Act was created. The Act simplified and expanded the definition of a squatter – it is a person who takes unauthorized possession of land for a period of ten years (the period varies for individual states) and without a claim of adverse possession – and expanded the punishment for unlawful possession of the land to include prison time.
As feudalism retrospects into the recesses of history, it is evident that the practice of squatting has existed in some form for centuries. While its historical origins are complex and its social implications were once enormous, today the practice is defined simply by legal statutes, compounding the lengthy and often messy legal history of the development of squatters’ rights in the United Kingdom.
Present Legal Framework for Squatters
The Criminal Law Act of 1977, specifically section 7, was the piece of legislation under which an adult having entered into possession of a property or any premises without consent or colour of right was committing a criminal offence. The Act defined trespassers as "a person who knows that he is a trespasser but enters land or is in possession of land without colour of right". Colour or Right meant that the occupier had either given permission for the occupier to stay there or you had some belief that you were entitled to be there. If forced entry was gained, the squatter would lose the right to claim colour of right immediately.
In order to prosecute one further requirement was that all statutory requirements were satisfied as listed in the Criminal Procedure and Investigations Act of 1996, the act states that "the prosecution must prove… that a written demand was made by or on behalf of the owner or person entitled to immediate possession of the dwelling requiring the trespasser within a period specified by that demand to leave the dwelling". Reasonable time is implied as being "15 minutes" so if you have already served a demand you cannot be prosecuted for entering a home without the owners permission. This was a problem for land owners with large estates, it is not practical for people with large estates and large homes to been able to afford to serve these notices.
The above was overturned in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Act introduced section 144 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (known as LASPO), which made squatting in residential buildings a criminal offence. The LASPO act came into force on 1st September 2012 making squatting a criminal offence.
There are certain key features of the Act that are important to note: The magistrates courts usually impose a fine of £80 to £250 for first time offenders, but in some cases custodial sentences (imprisonment of up to six months) are imposed.
Legal Consequences and Punishments for Squatting
When it comes to squatters rights in the UK the consequences can be severe, from driving tenants and unlawful occupiers from their homes to dealing with the aftermath of squatting and being astute to the fact that you have to prepare to go to court.
Squatters who have entered your property unlawfully could face legal action and be prosecuted. Generally speaking what you may find however is that if a person is prosecuted for squatting, entry and squatting is not deemed illegal and any prosecution usually ends if they agree to leave your land.
There are other avenues available to you aside from having to pursue the legal route to get squatters off your land including the recent introduction of legislation making it a criminal offence to occupy residential buildings. Though this would only apply to residential squatters, there is an option available as before the introduction of this new law all that was required for a person to gain access is for them to get through the front door.
In addition to being forced to leave your premises over the ongoing threat of legal action squatters can also be subject to fines of up to £5,000 and/or face jail time for six months.
Squatting is defined in a legal dictionary as a "person who is not a tenant or owner of a property who occupies or takes possession of a property without the legal right to do so." Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 extends this definition to criminalise the squatting of residential properties and set out the penalties and possible fines and sentences issued to those found guilty.
Before this law was introduced squatting is a civil matter, therefore you would need to go down the route of getting an eviction order against an unlawful occupier or squatter, effectively forcing them out of your property. The new law however makes entering into your home illegally a criminal offence and under the new guidelines squatters will face a fine of £5,000 or a 6 month prison sentence.
Of course this law only applies to residential properties, however it provides an avenue of enforcement for landlords, giving greater rights and rights of redress than civil law entitles them them. Effectively this gives property owners greater powers to act and remove squatters before they have the opportunity to take up residence and causing damage to the property.
Whilst the law comes with some safeguards such as to prevent those in vulnerable situations from being prosecuted, the new offence of squatting comes at the same time as other bind dates proposed by the government, such as banning the squatting of commercial premises which will come into force at some point in 2013.
Landlord Rights and Occupiers’ Rights in Property
Courts administer proceedings to deal with squatters and once served an injunction the police must act. The landowner must serve the injunction on the squatters by 2pm on the date of the court order and by 5pm the same day they must notify the local police they have done so and request police assistance to remove the squatters.
If no injunction is obtained and possession needs to be regained it can be done through use of an interim possession Order (IPO). An interim order is a short cut procedure for regaining possession of residential property occupied without the consent of the owner, a specific type of squatting. An IPO only lasts for 12 months. It can be renewed if the order is served within the first 28 days of occupation and a new application is made to the court for a further IPO. An IPO cannot be used where the property is commercial (this includes garages, lock-ups and gardens). An IPO is a local court order, so an application should be made in the court nearest to the property in question. An interim possession order can be enforced any time after the 19th day following the date of service of the order on the squatter and physical possession of the property can be taken by the landowner. If the squatter refuses to leave a warrant of possession can be obtained from the court with the landowner making a subsequent request to the county court bailiffs for assistance in evicting the squatters. Applying for an IPO is straight forward. Some of the forms can be obtained from local courts or one can be downloaded from the Ministry of Justice website. In addition to the statutory requirements of any IPO, landowners may wish to specify additional terms in their application to protect unique items at their property or like the deposit or rent to be paid into a separate bank account pending the outcome. Occupiers in both cases can contest a landowners’ claims in court however in theory a court should not side with a trespasser facing eviction unless there are exceptional circumstances such as the tenants own rights and status are breached. Judges invariably will support the owner of the property in a straightforward squatter eviction case.
How to Get a Possession Order and Evict a Squatter
If the property is residential (the property is intended for residence as opposed to commercial premises such as shops), then assuming that they have been in occupation for more than 48 hours they can be removed by way of either an Interim possession order or a final order for possession. An Interim possession order is obtained in the same way as an injunction by making an application to the court, however it is not necessary to demonstrate that there has been any damage or personal injury. The application may be made solely on the ground that they have occupied the property (i.e. trespassed) without the consent of the owner. Once it has been issued by the court, an Interim possession order will only have effect if it is served personally on the squatters at their home, or if it cannot be served there, if a copy is put through the door. The squatters are given a period of 1-4 days notice to attend a second hearing at the court . Only at this hearing is it possible to obtain an order for possession and to obtain a ‘demand’ on the squatters to leave the premises. If a possession order is granted, the court will give the squatters a minimum of 14 days order to leave the property. If the squatters remain in the property after the date specified in the order then once again they will be committing a criminal offence. If the property is commercial (i.e. it is not intended for residence), then a property owner is able to make an application to the court to obtain a possession order without having to demonstrate any damage or injury. They must, however, be able to establish that the property is commercial, otherwise no orders will be granted by the court and an application will fail. Once a possession order has been obtained by a property owner, it will still be necessary to apply to the court again if an order for eviction is required. It is not possible for the property owner, without further involvement from the court, to simply turn up and remove the squatters.
Exceptions and Special Circumstances
There are some exceptions to the above rules and this can become complicated when related to squatters or trespassers who may have entered adverse possession and have been in the property for a considerable period of time. For example, in Nickles (2000) v Phillips (2001) which was heard in the Court of Appeal, a squatter is prevented from defending a claim for possession if the claimant’s title was conditionally extended for adverse possession, the limitation period was not up and the claimant has not yet served proper notice in writing extending the date; In Chaturani v Secretary of State for Communities and Local Government (2014), the Supreme Court held that there can be no adverse possession of land registered in the name of the Secretary of State for Communities and Local Government, and will supersede s 75 of the Land Registration Act 1925 which is the provision of UK law which allows a squatter to apply for ownership of land after 12 years possession and was accepted in Powell v Leeds City Council (1983) – which concerned a trespasser in Leicester who managed to win their claim on certain grounds of reasonableness; Also in Manchester City Council v Pinnock B (2010), the Supreme Court held that there is an element of seriousness when the Court considers a defence of proportionality and whether a possession order should be made. The Law of Limitation Act 1980 s.17(1) applies, where land is in possession of the claimant and the person dispossessed and the right to bring an action to recover that land is not only accrued. Section 15(1) of the Limitation Act 1980 then requires claimant to bring an action in the High Court within 15 years from the date they could have filed a claim.
Squatter Tips and Best Practice
If you are thinking about squatters rights (or adverse possession) and intention to occupy land in the UK make sure you have thought all the issues through.
First, think about the risks involved. Being determined to establish your claim may cause you to move in when you do not have a right to do so and you may end up in the criminal courts.
Second, consider speaking to a professional about your plans before you act. This might be a solicitor, who will advise as to whether you should proceed with your plans and talk you through the consequences or it may be someone else such as a good friend or a family member.
Third, remember that the law is complicated and, even if you think you have a valid reason for entry, you could very well end up in the criminal courts and be faced with a fine, a prison sentence or both.
Fourth, have a Plan B. If your plans for unlicensed occupation do not work out, consider how quickly you can leave the property. Think about the costs you could incur if you have to pay for the property to be made safe, for storage of your belongings or for travel home.
Finally, enjoy your stay – even a short period of time can bring its own rewards.
Conclusion and Looking Ahead
A discussion about squatters’ rights and laws in the UK would be wholly remiss without reference to the fact that they are evolving. The actions of squatters and awareness of the issues they may create, by all those involved, have highlighted the need for updated legal approaches in this area.
New legislation was introduced in 2012 in the form of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LASPO"). This gives enforcement officers greater powers for arrest and eviction of certain types of squatters. Electrical locksmiths are also now trained to enter a property without a warrant for the purposes of changing the locks when squatters are present.
Enforcement officers are usually local authority officers or police officers who have been specifically trained to remove squatters if there is no longer a need for them to be in occupation of the property. However, it should not be assumed that enforcement officers will act promptly. It needs to be emphasised that property owners can take on any number of roles to facilitate an effective exit . There are some cases where even an enforcement officer would not be prepared to take on the role unless there is a serious threat to health and safety. Essentially, this is the tenant eviction equivalent of a sledgehammer to crack a nut.
The LASPO safeguards tenants around rent payments, water and heating, and this has led to challenges and disputes surrounding what constitutes "essential" versus "non-essential". In those cases where a substantial element of "fear-factor" is employed to encourage the evictee out, and in the absence of physical danger, the boundaries around whether a service is "essential" tend to be quite relaxed.
It is clear that squatting in residential properties will continue to be an ongoing issue for landlords and tenants, in particular, in the current climate of economic hardship.
In the context of commercial properties, the high level of empty units, many of which have been vacated by companies going into insolvency and/or liquidation, means that there are more opportunities for squatters to "squat" in spaces. As such, only time can tell how the law will further develop.