Letting Factsheets Factsheet 14 - Squatters and the rules for obtaining possession
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Squatters and the rules for obtaining possession(The Civil Procedure (Amendment) Rules 2001 & Criminal Justice and Public Order Act 1994)
Commencement:The new rules came into force on 15th October 2001.
Background:The existing system was last changed in 1995. It attempted to protect ordinary homeowners whose property was empty and broken into by squatters. The court procedure of 1995 and the Interim Possession order (IPO) allowed for a fast track eviction process in specific circumstances. The 2001 changes bring this area into line with the new possession procedures for other types of property and property occupiers.
Scope:Who is a squatter? A squatter is a person occupying property without permission from the person entitled to possession. That person could be an owner, tenant or licensee otherwise referred to as the landlord. 'Squatter' is not a legal term; the correct term being 'trespasser'. Trespasser is the term used in Rule 55.6 of the new rules. Who is not a squatter? Licensees holding over at the end of their agreements are trespassers, but are not considered squatters because they originally occupied the premises lawfully. The distinction is important, as many procedures available to evict squatters cannot be used against former licensees.
Rights:What rights do squatters have? Squatting is often legal. It is considered a criminal offence if the squatter fails to leave the premises within 24 hours of receiving an Interim Possession Order (IPO) under section 74 of the Criminal Justice Act of 1994. Squatters have the least security of all occupiers and, because they do not pay rent, are not subject to rent control. Court proceedings can be taken against them at any time. Since squatters do not have accommodation that they have a legal right to occupy, they will be homeless within the meaning of part III of the Housing Act 1985 (2) and they should be informed of their possible rights to housing from the council.
The Rules:1) The rules enabling a fast track eviction of squatters came into force on 24th August 1995. These are now substantially replaced by the provisions of the Civil Procedure (Amendment) Rules 2001. These new rules will cover all elements of possession claims against trespassers except enforcement. Under this eviction procedure, landlords and homeowners can go to court to obtain an 'Interim Possession Order' (IPO) against alleged squatters. Once an order is granted, the squatter has 24 hours after receiving the IPO to vacate the property. Refusal to comply is a criminal offence under section 76 of the Criminal Justice Act 1994. A person guilty of an offence can be imprisoned for up to 6 months and/or fined. 2) The most significant change in to new rules is the discouragement of commencing actions in the High Court. Other than in exceptional circumstances actions should be started in the County Court. The new standard claim form for possession of property (Form N5) should be used and a new form of particulars of claim has been created (Form 121) which specifically relates to trespassers. For copies of these forms see the Court Service web site at www.hmcourt-service.gov.uk. Where the identity of the trespasser is not known then an action can be brought against ‘persons unknown'. But if this is the case then there are special service rules (rule 55.6). There is no requirement to serve a defence though if the ‘trespasser' believes that he has one then a defence should be filed as soon as possible. As noted above the provisions for enforcement remain unchanged. 3) Under the amendment to the Criminal Justice and Public Order Act 1994, section 72, which came into force as of 3 February 1995, Section 6 of the Criminal Law Act 1977 is amended. It is no longer an offence for a protected intended occupier (PIO), a displaced residential occupier (DRO) or someone acting on behalf of a PIO or DRO to force entry into the premises when there is someone in the property.
Exclusions:1. You cannot use the new fast track procedure unless you make your claim for possession within 28 days of the date you first knew your premises were being occupied without your consent. 2. The new procedure cannot be used if the occupier is or was a licensee or tenant. It is also a criminal offence to give false or misleading information in order to obtain an IPO. 3. There is a defence if it can be proved that the trespasser did not believe the person was, or was acting on behalf of, a PIO or a DRO or if the premises s/he was trespassing on were not used for residential purposes.
Definitions:Protected intending occupier (PIO) may be a freeholder, a private tenant, a licensee, a leaseholder with at least two years of the lease left to run of a property bought for his/her own occupation and prevented from moving in by squatters, or a person who has been given permission to occupy a premises by a public sector landlord (or housing association landlord). S/he must have been denied occupation because of the squatter and can have a person acting on his/her behalf. The PIO must require the accommodation at that time. It is not sufficient that someone has been allocated the property although it will not be ready for occupation for months ahead. The amended section 74 of the Criminal Justice and Public Order Act 1994 creates a new section 12A of the Criminal Law Act. It is an offence if a person deliberately makes a false statement about whether he/she is a PIO. When evicting a trespasser, PIOs should be able to produce a statement or a certificate which proves their status if requested by the trespasser. Displaced residential occupier (DRO) is a person who was already living in a property before being excluded by squatters.
Previous Regulations:The Civil Procedure (Amendment) Rules 2001 amend Order 24 of the County Court Rules 1981 and Order 113 Rules of the Supreme Court. They are substantially revoked but not completely (see above). Sections 72-76 of the Criminal Justice and Public Order Act 1994 amend sections 6,7 & 12 of the Criminal Law Act 1977.
Sources for Further Information:
This summary is intended to assist landlords and letting agents to understand the effect of the new procedures. It is not an authoritative interpretation - this is a matter for the courts. For more detail, you should refer to the text of the respective legislation itself. |
