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Squatting

Lifestyle choice or emergency housing? TheSite.org looks at the ins and outs of squatting.

Squatting has been with us for many hundreds of years. The earliest cases can be traced back to 1381 when the Forcible Entry Act was passed. Following the end of the First and Second World wars, some soldiers were forced to live in empty or derelict properties due to lack of decent housing.

From the 1960s onwards, squatting has been on the increase, with co-operatives and organisations springing up attracting people from all ages and backgrounds. In fact, one of the better-known squatting co-ops was a cluster of streets in the London Fields area of east London, which was home to artists, the unemployed, students and even office workers living a nine-to-five lifestyle.

Why do squatters choose this particular way of life?

Sometimes it's because they've been made homeless and have been living on the streets, or cannot face the local council's policy of housing the homeless in bed and breakfasts or hostels (that's if there's space). Others will also see it as a lifestyle choice.

According to the Empty Homes Agency, there are nearly one million empty homes in the UK.

The Advisory Service for Squatters offers legal and practical advice for anyone who may want to (or needs to) squat. It says: "There is enough empty property other than homes, e.g. offices to be converted into the equivalent of 700,000 homes. The number of squatters has been estimated recently to be as high as 30,000 (The Guardian), but a more realistic estimate would be a little under 20,000, very few of whom are outside England and Wales, and most of those are in London."

Squatting is an unlawful practice but its not illegal.

Hackney Council, which has had well-publicised battles with squatters in the past, had this to say on the subject: "It's a fallacy that Hackney council has lots of squatted premises anymore. These days we have very few. If we do we move very quickly to sort the problem out. We have a policy of regenerating empty properties."

What you can and can't do:

  • Squatting is a civil offence against the landlord/owner of the property, which to all intents and purposes means that it is an unlawful practice, but not illegal.
  • You can be convicted of a criminal offence if you have caused damage to the property by gaining entry, covered under the Criminal Justice Act 1994.
  • The landlord/owners are well within their rights to evict squatters, but they must go to a civil court in order to gain a possession order.
  • Squatters do have limited rights. A landlord cannot remove you by violent or forced means, only through the legal process.
  • Under squatters' rights, if a property has been lived in for 12 years then it effectively becomes the property of the squatters.

The number-one squatting rule, though, is to enter only empty and unused properties. Long gone are the days when holidaymakers would return home from a fortnight in the sun to find their homes had been taken over. These days, it's more likely to be an empty and abandoned office block or warehouse.

Alternatives to squatting

Squatting is, however, a last resort when it comes to accommodation. A good compromise is becoming a property guardian instead. This is where you move into a disused property, such as a school or office block, with a number of other property guardians, and look after the building legally on behalf of the owners. All your bills are paid for and you pay a very minimal rent - say £100 a month.

You will need to register with - and be vetted by - a property guardian company first, which will then inform you of accommodation that becomes available. But the benefit is it's all above board, legal and - most importantly - safe.

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