Criminalizing squatting - what inmplication it'll have for LLs

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    Criminalizing squatting - what inmplication it'll have for LLs

    Good day. (Sorry for mistake in the heading, don't see the way to edit it.)

    Justice Secretary Ken Clarke has just announced plans to criminalise squatting.

    An amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill, debated on Tuesday, would mean that anyone found illegally occupying a residential property would face a year in jail and/or a £5,000 fine.


    If the squatting (or illegally occupying a residential property, as it says) is criminalized, will it mean that as soon as CCJ for eviction is issued and the last date has passed, the T, who refuses to move out, commits a criminal offence, and we can go straight to police, instead of waiting for bailiffs for weeks or months?

    I'm not here to start a discussion, I have a practical interest in how a possible change of law would affect us, residential LLs.

    Thank you.

    #2
    Originally posted by Irina View Post
    If the squatting (or illegally occupying a residential property, as it says) is criminalized, will it mean that as soon as CCJ for eviction is issued and the last date has passed, the T, who refuses to move out, commits a criminal offence, and we can go straight to police, instead of waiting for bailiffs for weeks or months?

    I'm not here to start a discussion, I have a practical interest in how a possible change of law would affect us, residential LLs.

    Thank you.
    Why should there be a court hearing before the squatter is arrested? If he is squatting he is committing a criminal offence, handcuffs, mind yer head Sir.

    That's if this comes to pass of course.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Whilst a matter of interest frankly I feel there ain't a whole lot of point having a discussion until we see the actual legislation, after it is passed..if it is ever passed (seems more like a "Daily Mail" populist action by the Tories to try & resurrect their woeful poll ratings.. again..) Then it might be possible to guess the practical implications...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by jta View Post
        Why should there be a court hearing before the squatter is arrested? If he is squatting he is committing a criminal offence, handcuffs, mind yer head Sir.

        That's if this comes to pass of course.
        I foresee a lot more hot air coming out of Westminster (the palace not the well respcted user of this forum :-)) before this becomes law.

        It would hopefully deter the anarchists and parasites who believe that anyone elses property is fair game for them to live in rent free while systematically 'redecorating' and claiming benefits

        I have every sympathy for the genuine homeless, that this law may seek to criminalise, but its rarely these people who actually cause the problem, its the type of people we saw fighting Police at Dale Farm, causing problems at St. Pauls, turning up to cause trouble at every demonstration in the capital and helping themselves to new laptops, clothes and plasma tvs during the riots
        My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

        Comment


          #5
          Tried the Hedgehog flavour crisps by "Dale Farm Foods"?? They're great!!!!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by theartfullodger View Post
            Tried the Hedgehog flavour crisps by "Dale Farm Foods"?? They're great!!!!
            They stopped making those since their workforce was released!
            My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

            Comment


              #7
              I didn't talk about squatters as such, but if it will affect non-paying but staying regardless T and changes the legal process aften the eviction order has been issued. But you're right, it's just a populistic move and very far from being implemented. A bit of wishful thinking on my part. Don't even know why I've been so impulsive as to post this. Want some good news so bad, that I start daydreaming.

              Comment


                #8
                For anyone genuinely interested, herewith the link to 46 pages on the current consultation...

                http://www.justice.gov.uk/downloads/...g-response.pdf
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Quote:


                  New squatting offence puts further strain on legal aid resources, says Law Society

                  The Law Society has described Government plans to proceed with creating a new criminal offence of squatting as disproportionate and likely to increase demand on the already stretched legal aid budget.

                  The proposed changes by Government will mean that anyone found squatting in a residential property will face a year in jail and/or a £5,000 fine. The amendment is expected to be debated next week in an amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill.

                  Responding to the news, Law Society Chief Executive Desmond Hudson said:

                  “The Government should be slow to create new laws and criminal offences where there is no need. The current law is sufficient to protect homeowners, but is not understood by the public, the police, nor, it seems, politicians.

                  “By responding in this ad hoc fashion to public concern, which has understandably been heightened by recent well-publicised but in reality quite isolated cases, attention is being diverted from the more important aspects of the Bill: the reductions in access to justice because of cuts to legal aid and the mangling of no win, no fee.

                  “Perversely, these proposals will create a new unfunded demand on the legal aid budget at a time when it is being subjected to severe cuts. There has been no proper assessment of this.

                  “Increased guidance and training on the legal mechanisms that are already in place should be provided to the public and the police. This will help to counter misconceived concern.

                  “Once again, we urge the government to draw upon real evidence before reacting to media-driven so called public concerns.”


                  I think this time they have it right.

                  Comment

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