Anti-squatting laws and your rights as a commercial property owner
The law on squatting in England and Wales changed in September last year so squatters on residential premises can now be arrested by the police, imprisoned for 6 months and fined £5000. Unfortunately the new law has no bearing on squatting in commercial property so the problem has simply moved.
Unlike the occupation by squatters this week of ‘Britain’s most expensive council house’, just hours before it was auctioned by Savills, squatting in commercial property presents a significant challenge. As a residential property, the sale of the derelict building near Borough Market is not expected to be affected, yet the high profile eviction by The Sheriffs Office of squatters from commercial offices at 111 Westminster Bridge Road in June this year highlighted the disruption and cost that can be incurred.
Justice secretary Chris Grayling is facing increasing pressure to extend anti-squatting laws to include commercial property. It’s an emotive issue which looks unlikely to be addressed quickly, if at all. In the meantime commercial property owners are largely unprotected.
So do commercial property owners have any legal recourse when faced with squatters?
Yes, if there are signs of forced entry. It is illegal for a person to enter any building by use of force, no matter how minimal the damage is. If your commercial property has been damaged by a squatter in any way, ranging from a broken padlock to a shattered window, you are within your rights to report breaking and entering but beware; as Simon Alison said recently in ‘Treat Landowners Equally’ for the Law Society Gazette, there are no guarantees that the police will intervene, even under these circumstances, as they may lack resource.
Other criminal offences for which squatters in commercial properties can be convicted are:
- causing damage while in the property
- refusing to leave after being told to do so by a court
- stealing from the property
- using utilities (gas, water, electricity etc.) without permission
- fly-tipping
- failing to comply with a noise abatement notice
What can you do about squatters in your commercial property?
- You could start by asking them to leave (assuming that the squatters are not behaving violently). They might just move away and find somewhere else.
- You could contact housing charities such as Shelter who can help find the people a place to move on to.
- After a refusal to leave you should contact the police as trying to force them out could mean that you’re breaking the law yourself.
- Failing that you will need to apply for an Interim Possession Order (IPO). If done correctly you should be issued with an IPO by a court within a few days. Once served with an IPO, the squatters must vacate the property within 24 hours, otherwise they could face a six month prison sentence. Additionally the IPO means that if they were to return to your property within twelve months then they’d be committing a criminal offence.
If you’d like more detail, read ‘Squatters target commercial buildings’ from David Marsden at Charles Russell.
How to protect your commercial property from squatters
Squatters are more likely to target properties that look empty so it is helpful to have people coming and going, preferably at irregular intervals. Lights on timers and blinds or shutters can also help or you may want to consider but whether the building is occupied or not, it is essential to make it as inaccessible as possible to intruders. By fitting all doors, gates, and ground floor windows with secure locks you will make it difficult for potential squatters to gain access without forcing entry i.e. committing a criminal act.
A good alarm system, prominently positioned so it can’t be missed, will also act as a deterrent. Alternatively, you could go the more expensive route of hiring on-site or drive-by security.
Whether your building is occupied or not, it is worth checking your insurance policy as squatting is a growing problem for commercial property owners.
