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Wednesday, 3 October 2023

Squatters and unauthorised occupants

A person squatting in a residential building is committing a crime. If squatters have taken over your home or any other residential building, they are breaking the law. Find out about the law on squatting and what you can do to get your property back.

Squatting – what it is

A squatter is someone who enters and lives in a residential building without permission and knows - or should know - that they shouldn’t be there. Squatting is a criminal offence and should be reported to the police.

The squatting offence does not apply to tenants who fall behind with rent payments or refuse to leave at the end of their tenancy. Tenants who entered the building with the permission of the landlord are not squatters. In these circumstances, landlords should use existing eviction processes to regain possession of their properties.

What is a residential building?

The offence only applies to squatting in residential buildings. A residential building is defined as any structure or part of a structure that has been designed or adapted for use as a place to live before its occupation by squatters. This includes structures such as houses or flats and temporary or moveable structures, such as prefabricated homes, park homes or caravans.

Getting squatters out of your home and other residential buildings

If you find squatters in your home or any other residential building, you should call the police to report the crime. Squatting carries a maximum penalty of six months’ imprisonment, a £5,000 fine or both.

Preventing squatters from getting inside your property

Squatting in residential buildings is a crime, but it will not necessarily stop a person who is determined to squat. Make sure your home is properly secured when it’s left unoccupied.

You should also let your neighbours know if your home is going to be vacant for a long period, so they can alert the police if they see anything suspicious.

Reporting squatters to the police, even if they have vacated the building

The police will not be able to charge a person for the criminal offence of squatting if it was committed before 1 September 2023 (the date of the new law). However, the police may investigate the squatter for other offences that were in place at the time the alleged offence took place.

A squatter entered my residential building before 1 September 2023 and is still there

It doesn’t matter whether the squatter entered the property before 1 September 2023 or after. If someone is squatting in your residential building on and after 1 September they will be guilty of a criminal offence.

What to do if squatters move into your neighbour's property

It is an offence to squat in any residential building. If you’re sure that your neighbours haven’t invited people to stay in their property while they’re away, you should call the police to report the offence.

Useful contacts

To get advice on how to deal with squatters you can contact a Citizens Advice Bureau. You should also consider getting legal advice from a solicitor.

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