Squatters- they fought the law and won?

Today's post concerns something of great importance to Landlords and Tenants.

Last year, the law with regards to 'squatters rights' was changed. s144 of the Legal Aid and Punishment of Offenders Bill (LASPO) makes it a criminal offence for people to squat in residential property. If a person is found guilty of squatting in a residential property they may be liable for a fine of up to £5000 or six months imprisonment.

However, the law does not apply to commercial property. Squatting in commercial property remains a civil matter. The Landlord will have to apply to court for a possession order. The order must then be enforced by a court Enforcement Officer.

Why is this important? given the troubles on our high street many commercial properties are lying empty. There is a housing shortage in this country. The Landlord will not want to go to the expense of having to get a possession order from the court and waste time trying to remove the squatters.

This is no doubt a controversial matter which polarises opinion. To some, many in fact, the squatters are trespassing on private property. To others, they are merely making use of derelict property and it is the responsibility of government etc to provide adequate housing provision. Whatever view you take, the problem is a nuisance for your average commercial Landlord.

What can be done about it? In an ideal world, Landlords will have nice rent paying Tenants in their properties. However, this is not always possible. If the Landlord does have an empty property they should make sure it is securely locked. It may be wise to invest in an alarm system. The Landlord should visit the property regularly (at least once a week). The use of signs ('do not trespass- private property') may also be useful. The Landlord should therefore try to make the environment unappealing for potential squatters.

Until and unless the law is changed the commercial Landlord will have to remain vigilent. Squatters are a nuisance. Following the above steps will save the Landlord both time and money.

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