Why Would Anyone Have A Leasehold?
Society & Culture0 min ago
Squatting Becomes Criminal Offence.
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At long last, legislation is now coming into force from tomorrow making squatting a criminal offence. Up until now the Police were virtually powerless to do anything if you returned home to find some strangers in your house with your locks having been changed.
A case may possibly be made out for the thousands of empty council houses up and down the country, but not obviously occupied houses.
This should have happened years ago - better late than never?
At long last, legislation is now coming into force from tomorrow making squatting a criminal offence. Up until now the Police were virtually powerless to do anything if you returned home to find some strangers in your house with your locks having been changed.
A case may possibly be made out for the thousands of empty council houses up and down the country, but not obviously occupied houses.
This should have happened years ago - better late than never?
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It is astounding it hasn't been a crime the UK over for hundreds of years already. It is clearly wrong. And the lack of a law a complete 'drop off' by those in charge.
Empty property is not necessarily abandoned, and if it is then it's deterioration becomes a legitimate council issue. Council's should ensure everyone covers their responsibility to keep the local buildings up together.
As for folk without homes, that is society's problem to solve. Making empty property owners a convenient scapegoat was always wrong. You don't solve a problem by abusing one sector of society. The fact is that we have too many people here. The short term answer is to build more property, but we can not neglect the vital long term solution of dissuading large families and immigration and encouraging emigration. Common sense dictates the population has to shrink.
Empty property is not necessarily abandoned, and if it is then it's deterioration becomes a legitimate council issue. Council's should ensure everyone covers their responsibility to keep the local buildings up together.
As for folk without homes, that is society's problem to solve. Making empty property owners a convenient scapegoat was always wrong. You don't solve a problem by abusing one sector of society. The fact is that we have too many people here. The short term answer is to build more property, but we can not neglect the vital long term solution of dissuading large families and immigration and encouraging emigration. Common sense dictates the population has to shrink.
At long last, the removal of a ridiculous curiosity, like it being impossible to steal a dog (changed in 1968) or taking a car not being an offence (hence 'taking and driving away' being created). The law is craftily made to create an offence triable in the magistrates' court only. Six months imprisonment may seem insufficient in some cases, but any more and the defendant would elect Crown Court trial with consequent delay.
We may look forward to a fashion for taking over empty business premises, but that hardly creates as much nuisance to ordinary citizens as conventional squatting does.
That the squatter committed no offence per se by squatting meant that he only got prosecuted if he was unwise enough to commit some other offence. Since the other offence was likely to be triable in the Crown Court, he had delay built in to his activity even then
We may look forward to a fashion for taking over empty business premises, but that hardly creates as much nuisance to ordinary citizens as conventional squatting does.
That the squatter committed no offence per se by squatting meant that he only got prosecuted if he was unwise enough to commit some other offence. Since the other offence was likely to be triable in the Crown Court, he had delay built in to his activity even then
At last - imagine coming home and finding folk occupying your house and you have no legal course to getting them chucked out asap before damage is done.
Unthinkable.
However, I think that they ought to look at laws covering abandoned properties (say after a period of x time) and, if appropriate, the council could assume control of it in return for a (low) rent and a period of x for renting out. Then after this first period (or maybe two), if the landowner shows no want to bring the property back into full life, then there should be a compulsory order served for the council to buy it at a discounted rate.
Unthinkable.
However, I think that they ought to look at laws covering abandoned properties (say after a period of x time) and, if appropriate, the council could assume control of it in return for a (low) rent and a period of x for renting out. Then after this first period (or maybe two), if the landowner shows no want to bring the property back into full life, then there should be a compulsory order served for the council to buy it at a discounted rate.
"At last - imagine coming home and finding folk occupying your house and you have no legal course to getting them chucked out asap before damage is done."
You've always been able to get them out in that situation, you would be a displaced residential occupier and the "squatters rights" (which don't actually exist as such) never did apply in that situation.
You've always been able to get them out in that situation, you would be a displaced residential occupier and the "squatters rights" (which don't actually exist as such) never did apply in that situation.
Trouble with 'displaced residential occupier' (s77(a) of the Criminal Justice Act 1977) is it is such a faff. The occupier has to be within the category of 'occupier' covered by the section and he has to find a commissioner for oaths or notary public to sign a statement that he is so, then go back and have the statement served on the squatter(s), and only then, if they refuse to leave, can the squatter(s) be arrested. Under the new law it will surely be enough for the police to suspect squatting and ask the supposed squatters to give an explanation for their presence in the property; in the absence of any lawful excuse being shown, they will be arrested and charged. The owner need not even know that squatters are there, nor need the owner or tenant need to show that he is an occupier and is 'displaced', requiring the property for his residential occupancy.
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