S144 update after first 2 months

Since the introduction of the new anti-squatting legislation on the 1st September conditions have obviously got more difficult for those trying to house themselves or make other use of empty properties.

The law (S144 LASPO 2012) makes it a criminal offence to be trespassing in a residential property with the intention of living there.

Some people have been arrested and a few imprisoned for the crime of trying to house themselves. There is no evidence that the properties they were in have been put to use since, nor that any more affordable and accessible housing has been produced. In fact housing costs, particularly in London continue to increase and benefit caps affect increasing numbers of people.

Some people have moved out of their homes, many who had been living in them and looking after them for years after the owners had abandoned them. Other people remain in their homes despite the new law, determined to resist for as long as possible.

People who know about the law change are generally now squatting in non-residential buildings, pubs, offices, warehouses …… These require people to be more organized, and to able to work in groups, so excluding some of the more vulnerable people who have in the past been able to fall back on squatting. They are also more likely to put people into confrontations with owners and their agents who do not know or care about the law. However many on-residential properties can be made into perfectly good homes, and social spaces, and some owners can be made to understand the benefits of properties being occupied and looked after.

The police have acted in a fairly arbitrary manner, in most cases waiting for someone claiming to be an owner to come forward, and then most often accepting their statements even if their version is challenged. On other occasions police appear to have made up their own mind that the occupiers were trespassing (against whom not always being clear). Some police have somehow not understood that a funeral parlour is not residential, have threatened people with arrest who were not living or intending to live to live in the property and many police are confused about the part of the law which says that people who have had a licence are not committing an offence. Advisory Service for Squatters and Squatters Legal Network intend to follow up on these abuses and will be encouraging those affected to sue.

Some parts of the government continue to put on pressure to make things worse, by criminalizing squatting in non-residential properties as well. This is despite the fact that their campaign was previously based on the false idea that people’s homes were being squatted and that this needed to be stopped. [in fact legislation in existence since 1977 made this illegal already]

ASS, along with Squatters Legal Network, SQUASH (Squatters Action for Secure Homes) and others, will continue to struggle for people to be able to house themselves, and to put empty property to use.

October 13 demo…

WHATEVER THEY SAY, SQUATTING WILL STAY!

We will resist the squatting ban by any means necessary.

The Squatter’s Network of Brighton is calling for a Mass Squatting Action on October 13th to resist the new anti-squatting laws. This act is draconian, unworkable, an attack on our way of living and some of the most vulnerable in our society. We will not take it lying down.

Around the UK, while increasing numbers are forced to sleep on the streets, hundreds of thousands of properties are lying empty, decaying and derelict. We watch property tycoons, speculators and corrupt landlords get richer, whilst housing benefit is cut and rent goes up.

The UK is facing a massive housing crisis only made worse by the Tory government, and we – the homeless and insecurely housed – will not stand for it any more.

As both the birthplace of the bill, and as one of the places where affordable houses are most difficult to come by, Brighton and Hove has a special significance in the national and international struggles for the right to home.

They take our houses, so we’ll take their city!

Everyone to the streets!

Oct 13th, 2pm

Victoria Square Gardens, Brighton

SNOB: www.network23.org/snob
Twitter: www.twitter.com/snobaha

Squat law change alert

The new law on squatting (s144 LASPO 2012) came into force on the 1st September 2012.

Not everyone who is squatting, or considered by others to be squatting, will be affected by the new law, but people will need to be prepared to explain, quite forcefully at times, why they are not affected.

The wording of S144 starts:

(1)A person commits an offence if—
(a) the person is in a residential building as a trespasser having entered it as a trespasser,
(b) the person knows or ought to know that he or she is a trespasser, and
(c) the person is living in the building or intends to live there for any period.
(2)The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).

So Squatting is still legal in non-residential properties. A building is defined as ‘residential’ if it is “designed or adapted, before the time of entry, for use as a place to live”.

You are also not committing an offence if you have, or have had a tenancy or licence to live in the property, if you are not living or intending to live in the property, or if you don’t have any way to know you are a trespasser (in which case you probably wouldn’t be reading this).

Tenancies and licences do not have to be in writing, but if people have reason to think they may be accused of breaking the law it would be best to collect as much paperwork as possible. Tenancies and licences can also have been granted by a tenant of the owner, or by an agent, possibly without the owner’s knowledge (but they can check and return).

Any police officer would need to have reasonable suspicion that you (or anyone) have committed a crime, to force entry and to carry out an arrest, so it can be in your interests to explain otherwise. Explaining through a closed door or upstairs window is always preferable to letting them in.

Section 6 of the Criminal Law Act 1977 still applies against those trying to force entry without lawful authority. The problem is that the new law gives further lawful authority to the police to enter if they suspect the offence is being committed.