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As part of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 a new law passed on the 1 May 2012 will make it a criminal
offence to squat in a residential building. The provisions were
debated extensively in both Houses of Parliament and are subject to
commencement by statutory instrument.
What does this mean for landlords?
When the new law comes into effect any person entering a
residential building as a trespasser, and who lives there or
intends living there commits an offence punishable by imprisonment
of up to a year, or a fine of up to Ł5000 or both. The law
will be retrospective, in so far as it will apply whether entry to
the building took place before or after commencement of the
Act.
But not everyone will welcome the Act
The bill was subject to intense lobbying by homeless charities
on the basis that it would criminalise persons who occupied
neglected and abandoned properties. The offence will also apply to
third parties invited to live at the property by the primary
trespasser.
Good news for residential landlords
The new law will be a welcome relief to landlords who have
vulnerable properties and have had to spend considerable sums on
having to evict squatters, but will be a disappointment to
landowners or landlords of commercial premises who may still need
to revert to the Courts to get the premises or land back.
Thomas Eggar LLP is a limited liability partnership
registered in England and Wales under registered number OC326278
whose registered office is at The Corn Exchange, Baffin's Lane,
Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word
'partner' refers to a member of the LLP, or an employee or
consultant with equivalent standing and qualifications. A list of
the members of the LLP is displayed at the above address, together
with a list of those non-members who are designated as partners.
Regulated by the Solicitors Regulation Authority. Lexcel and
Investors in People accredited.
Thomas Eggar LLP is not authorised by the Financial
Services Authority. However, we are included on the register
maintained by the Financial Services Authority so that we can carry
on insurance mediation activity which is broadly the advising on,
selling and administering of insurance contracts. This part of our
business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
solicitors.
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
clients and other readers. It is not a substitute for considered
advice on specific issues. Consequently, we cannot accept any
responsibility for this information or for any errors or
omissions.
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A discussion which highlights the main aspects which should be taken into consideration by an organisation or individual who is looking to undertake work in a territory other than in its home.
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