Advisory Service for Squatters

September 1^st – what happens now?

On the 1^st September S144 of LASPO 2012 comes into force. We’ll leave it to others to explain how this is crap law, in response to myths from sections of the media, brought in by a government of the rich.

The intention is to criminalise squatting in residential property.

We do not think that it will fully achieve this, and non-residential property remains as safe to squat as before.

We expect that the next few months will see a spate of challenges and test cases, which will draw lines between what can and what can’t be done.

We at ASS, along with others, have been going through what’s actually in writing, to work out how we can help people to be as safe as possible. Unfortunately we can’t be as reassuring as we would wish.

What is clear is that we should take down our old much-loved Legal Warnings, as these will be read as an admission of committing a criminal offence.

We have posted on this website (see latest news column, to the right);

A new Legal Warning for non-residential properties

A more specific Legal Warning for pubs, and

A draft notice, for people to cut and paste to explain why they and the property in question are not covered by the new law. This document is a work in progress and we need feedback to know what is working and what isn’t. Don’t try arguments that are clearly not appropriate to your situation.

Squatting Made LESS Simple has been updated slightly.

We will be monitoring the situation, writing to police stations to explain where they might be going wrong, working out how to go to court to get injunctions against illegal evictions, helping arrange legal challenges, and helping those who want to stand up to this stupid attack on our rights to a home, and to social space.

For more frontline support there are a number of local support networks as well as the Eviction Resistance Network and others. Get involved, organise and support each other.

LEGAL NOTICE – S144 LASPO 2012

What follows are examples of what people should be using to write a statement explaining why the new law does not cover where you live. Cut and paste to make sense.

Read through it carefully and be sure you can explain what you are saying. If you need help contact ASS.

Remove anything which is not relevant.

If things go wrong and you do get arrested, this should also be the basis for any statement made in interview. You do not have to say anything and should wait till you have spoken with a solicitor who understands the law (not a duty solicitor). Even then, we would not advise saying anything more than this.

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The occupiers of this property are not committing any crime under Section 144 Legal Aid, Sentencing and Punishment of Offenders Act 2012, and there are no grounds for any police officer to suspect that an offence is being committed.

This is because the law states;

(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).

This does not apply in these circumstances because:

A) This is not residential. It is in fact …………. (a pub / an office …….) Section 6 Criminal Law Act 1977 applies and it would be a criminal offence to force entry against the wishes of the occupiers.

Any parts of the building which might be residential are not being lived in.

P38 of the consultation on the new law stated “the Government will not seek to criminalise squatting in non-residential buildings, such as disused factories, warehouses or pubs” so these should clearly be excluded.

MoJ guidance states “a trespasser who modifies a non-residential building by placing his bedding and personal effects in it would not be committing this offence because the building had not been adapted before the point he or she entered it.”

B) The occupiers are not trespassers. They have a licence / tenancy from …………….

This is / not in writing. There are notes of the negotiations between the occupiers and the owner / agent / tenant.

The agreement is with the person with an immediate right to possession of the property (i.e. the tenant / ….) and might not be known of by the owner. It is still a legal tenancy / licence).

That person’s tenancy has not been legally determined. If it has been determined the current occupiers are sub-tenants holding over, or have become directly tenants of the head landlord.

The landlord should go to court to gain possession of the property, and the police have no lawful authority to intervene.

C) The occupiers are not living in the property, nor intending to live in the property. The property is used for other purposes only. All of the occupiers live elsewhere. Section 6 Criminal Law Act 1977 applies and it would be a criminal offence to force entry against the wishes of the occupiers.

C#) The occupiers are not living in the property, nor intending to live in the property. The property is used for other purposes only. The occupiers are living in their own tents on land behind the building, and so not in the building.

Therefore the provisions of S144 Legal Aid, Sentencing and Punishment of Offenders Act 2012 do not apply and do not give any authority to the police or anyone else to force entry.

Section 6 Criminal Law Act 1977 applies and it would be a criminal offence to force entry against the wishes of the occupiers

/ Protection from Eviction Act 1977 applies / Article 8 Human Rights Act is engaged.

 Act is engaged.

LEGAL WARNING 

Part II, Criminal Law Act 1977

(As amended by Criminal Justice and Public Order Act, 1994)

TAKE NOTICE

THAT this is NOT a “residential building” within the meaning of section 144, Legal Aid, Sentencing and Punishment of Offenders Act 2012 because it was NOT designed or adapted, before the time of our entry, for use as a place to live (ss (3)(b)). 

If there are any residential areas in the building these are NOT being used for living in by the current occupiers.

THAT it was clearly the intention of Parliament to excludepublic houses from the legislation. This was made clear by the consultation document which stated on page 38 that “the Government will not seek to criminalise squatting in non-residential buildings, such as disused factories, warehouses or pubs”

THAT the provisions of section 144 are therefore NOT APPLICABLE to this building or to our occupation of it.

THAT we live in this property, it is our home and we intend to stay here.

THAT at all times there is at least one person in this property.

THAT any entry or attempt to enter into these premises without our permission is therefore a criminal offence as any one of us who is in physical possession is opposed to such entry without our permission.

THAT if  you attempt to enter by violence or by threatening violence we will prosecute you. You may receive a sentence of up to six months’ imprisonment and/or a fine of up to £5,000.

THAT if you want to get us out you will have to issue a claim for possession in the County Court or in the High Court.

The Occupiers

N.B. Signing this Legal Warning is optional.  It is equally valid whether or not it is signed.