Squatting law update as of July 11th 2012

Squatting law update as of July 11th 2012

1. Don't panic, Squatting is not illegal yet. Section 6 rights still apply.
2. You're not alone; there are thousands (estimated 20-50,000} squatters in residential properties; this will make the new law very hard to enforce and potentially unworkable.
3. In Holland, anti squatting legislation was successfully challenged under the European Human Rights Legislation. In the UK, legal experts are already building a case to challenge this legislation.
4. In the governments consultation, 96% of people said they didn't want any criminalisaation including the Metropolitan Police, Judges and the Law Society. Criminalising squatting in residential properties is not popular legislation, it has and will continue to come under attack from all sections of society.
5. The police and bailiffs may act as if the law has already come into force. It has not. If police/bailiffs attempt to unlawfully evict, threaten legal action, take their details and contact ASS in relation to making a complaint.
6. The commencement order has not been made, meaning we don't know yet when the law will take effect although we can expect it will be sometime around September.
7. The new law: Legal Aid, Sentencing and Punishment of Offenders Act 2012 Section 144 Offence of squatting in a residential building The new law makes it a crime where:
• You trespass in a residential building, and
• You entered the building as a trespasser (rather than e.g. by invitation), and
• You know or ‘ought to know’ that you are a trespasser, and
• You are living in the building or intend to live there (for any length of time)
It is not a crime to remain in a building after the end of a lease or licence, even if you leave and re-enter the building.
The law only applies to 'residential buildings.' A building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live - in other words if commercial premises are squatted and turned into residential premises by the squatter, the law won't apply.
It is not clear whether a residential part of a pub (for example) would therefore count as a “building” but it would be safest not to live in that bit (just use it for other things)."
Penalty - If convicted of this offence by the court, the maximum penalty is
imprisonment for 51 weeks or a fine not more than £5,000 or both a fine and imprisonment. Police powers - Police can enter and search squatted premises to arrest a person for squatting.

Be prepared for when this legislation comes into force. We need to work as a community to fight this. This law will be resisted all the way. Together, we will show this law is unworkable by building networks of solidarity, having regular meetings, meals, socials, football games, parties. Turning up to eviction resistances, networking with other housing groups and local communities.
Tell SQUASH and ASS and other groups about positive squatting case studies, illegal evictions by police and bailiffs and other information that would be useful for media and court cases. Filming can help.
Timeline: In May the Queen gave Royal Assent, therefore law is now on the statute books; the law is not in force until a commencement date has been set.
From now onwards guidance will be written for the police and other authorities on how to put the law into practice. There may be opportunities to influence this guidance. There will also be the possibility of challenges to the legality of the new law and any guidance. When the law comes into effect these challenges will have to be continued and stepped up. We will start to understand better how the law will work in practice and so be able to develop better strategies to work around it."
September onwards: Prosecution cases will start to define how these cases are handled by the courts, eg setting precedents, punishments, evidence. There may be opportunities to repeal Section 144 of LASPO.

For more and updated info check
1) SQUASH – Squatters Action for Secure Homes www.squashcampaign.org
Provide positive case studies and support when dealing with the media.
2) Advisory Service for Squatters (A.S.S) www.squatter.org.uk
Legal and practical advice and support, including help with court papers and dealing with illegal evictions.
3)Squatters Legal Network sln@aktivix Assisting with legal cases, arrestee support
4) Squatters Eviction Resistance Network: evictionresistance@squat.net 07591 415860 Support and advice before, during and after an eviction attempt.


The government said that it would not bring in any new laws to unnecessarily criminalise people, yet they are criminalising the homeless in the middle of a housing crisis, which makes this law unjust and unworkable. The whole process has completely bypassed any kind of democracy. It will cost the government an estimated £790 million in the first 5 years to implement even though the aim was to cut Legal Aid expenditure by £350 million a year. This new law will be difficult to interpret and enforce, taking up massive amounts of police time.
Whatever they say, squatting will stay!