At Colchester Solicitor Asher Prior Bates our property and litigation departments are well versed in helping clients through the trickiest of situations. One of which we sometimes come across is “squatting”.

At present squatting is considered to be a Civil matter, not a Criminal one and can be distressing to deal with for both parties.  So what does the law say?

Currently if you find that Squatters have occupied your home or a vacant property you own, whist you or the occupier have been away it means that you will need to obtain possession again by applying to the Court for a Possession Order.

Provided that the correct procedures are followed, your application stands a greater chance of success which may be (in most cases) conducted by the Court

The Government is now proposing to introduce a new offence of squatting which means it will be treated as a criminal matter. This will be achieved by amending the Legal Aid, Sentencing and Punishment of Offenders Bill. By this the Government intends to create the offence of ‘squatting’ in residential property. Upon conviction this Offence could be punishable by a fine of up to £5,000 and up to 51 weeks prison.

For advice on ensuring your rights as property owner are secure or on how to deal with matters such as squatting should they arise, please contact Head of our Litigation Department Michael Hicks on 01206 768 331 or email mhicks@apblaw.co.uk