These articles gives a general overview only and the legal position at the time of writing them. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print.
SWINDON PROPERTY OWNERS ADVISED TO DOWNLOAD
NEW LEGAL GUIDE FOR EVICTING SQUATTERS
Swindon homeowners are being advised to take heed of a legal guide for homeowners aimed at stopping squatters "invading" their property, after it was published online by the Government today (Nov 8, 2010).
Housing Minister Grant Shapps says he wants to end the "anti-social, undesirable and unfair" practice in England, Wales and Northern Ireland. Squatting is a crime in Scotland.
According to the Department for Communities and Local Government, Swindon has 1,928 vacant properties, which are a key attraction for squatters. A further 5,469 properties are vacant in the Wiltshire Council area.
The guide outlining people's rights has been billed as “a response to websites set up to help squatters get round the law”.
The guide offers legal advice and reveals that anyone looking to remove squatters from their home can apply for an Interim Possession Order, which requires squatters to leave the property within 24 hours.
It is then an offence for the squatter to return to the property within 12 months of the Interim Possession Order being issued.
It does not yet cover open land and homeowners would have to provide the court with promises in the event that the court later decides the homeowner was not entitled to the interim possession order.
Marianne Johns, lawyer at Swindon’s Lemon&Co Solicitors, said: “In England, when someone occupies your premises without your consent and/or without any legal right to occupy for example as a result of being given a right by a legal tenant under the usual documents and/or does not pay rent to a landlord they are deemed to be a squatter.
“However, such individuals still have legal rights and cannot generally be evicted legally without a court possession order, unless they leave voluntarily or the owner secures entry by peaceful means.
“There are many cases where squatters, in fact, think they have a right to occupy a property, especially when it has been left vacant for a long period of time.
“So this new guide is a very useful tool for landlords and homeowners to easily check their own rights and ensure that they know what action is available to them so they can take steps quickly.”
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information please contact Sarah Rice or Lisa Hale on 0800 135 7917 or Kirsty.anderson@jbp.co.uk or lisa.hale@jbp.co.uk
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