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~UASH
lI
SQu"TTEPS ACTION FOR. SEWRE. ~O""tS
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Public Order and Housing Chaos
Contents
4. Introduction.
S. Squatting - a growing threat?
6. Are squatters jumping the queue?
7. Do squatters exclude people from their
homes?
8. Current criminal and civil procedures.
9. A new Rent Act?
10. TIle need for extension to the
Criminal Law.
II. Abuse of the Criminal Law.
Public Order and the new proposals.
12. Homelessness, the real problem.
13. The real squatters.
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Introduction procedu re is without precedent in
British Law as the occupier will not be
In October t 991 th e Home Office allowed [Q attend or to make
published a consultation paper representations LO the courlS. Once such
setling out ilS reasons for wanting to an order has been granted the occupiers
change the law on squatting. 216 will have 24 hou rs to leave. Failure to
replies were received during the do so will result in a criminal offence
consul tation period, but the I lome being commi tted and the risk of arrest
Office has declined to publish them.
All the housing cha rities including New Clauses 69 and 70 are
SHEU·ER, SIIAC and CI IA II are amendmcnlS to Sections 6 and 7 of
opposed to strengthening the law, the Cri minal Law Act 1977. The existing
as are the Law Society, Th e Housing law provides crimi nal sanctions in any
Law Pra ctitioners Association , The case where a squatter deprives an
Association of Metropolitan Authori- owner, long-lease holder or Publi c
ties, The Poli ce Federation and the Sector tenant of their home. (This
Association of Chief Police Officers. includes those intending to move in as
Nu merous law centres are also well as those displaced by squatters.)
against any change to th e law. The new clauses extend these sa nctions
to private tenants and leaseholders with
All these organisations recognise conSiderably shorter leases.
squatting for what it is: a symptom of
llritain's housing crisis and not a law Ne w CL.'\use 71 will allow people
and order issue. They also recognise in the above situations (or their agents)
that applying public order laws to to use violence to secu re evictions thus
housing rights has serious implica- removing the need for the presence of
tions. In fact, the proposals before the poli ce.
parliament are likely to create public
order disturbances by removing The removal of the right to a cou rt
police officers from potentially hearing will almost cenainly result in
violent situations. the eviction (or even arrest) of innocent
parties by unscrupulous landlords or
It seems the consultation exercise inefficient local authorities. New Clause -
was a mere formality as the paper 7 1 w ill help such local authorities to
has been followed by the inclusion of keep property empty in ci rcu mstances
clauses 56, 57 and new clauses 69, 70 where corruption will nou rish.
and 71 in the Criminal Justice and
PubliPublic Order Dill 1990. These proposals have been put
forward in an atmosphere where
misconceptions and myths associated
The Clauses with squatting have ca rri ed more weight
(At the tim e o r goin g to press) than informed debate and consultation.
Thi s briefing is a response to some of
Clauses 56 and 57 will allow the more com mon misconceptions in
the owner of a property to apply to order to provide M Ps, peers and other
a civil court for a new "Interim interested parties with a more balanced
Possession Order" whi ch will be appraisal of squatting, squalters and the
heard ex-parte. This proposed implications of the new proposals.
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No. o f squatted
properties surveyed.
Others" . 0.5%
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'/ want to help those responlible people who bave put themselves into accomodalion
because tbey bave seem tbat II is empty. I tbink II is fair to say tbat !Xiry deep in Con-
seroative philosophy is that of self-belp mId if people are prepared to try to help them-
selves and if they see a property is empty and no aile is using II alld by moving in
they are not going to hurt anYOlle, bw tbey will protect and help their oum family,
surely we ought to encourage tbat.......you could argue they are perhaps more so-
cially responsible in finding empty property and squatting ill there and giving their
family a home than putting tbem ill bed & breakfast."
(IJob Hughes, MI', speaking on The London I'rogrnmmc, May 1989.)
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The consultation paper alleged Mr. Maclean (Con): "111e lIo nour-
that exisLing civil procedures are slow, able Member for Cardiff .... quoted
expensive and unwieldy but neglected staLisLics to the effect that there were
to menLion that in cases of urgency 2,000 legal oc(1Jpiers under the present
(and under expedited proceedings) the civil proceedings orders. 'Ihat is not
noLice period of 7 days can he severely true. In most cases the squatters left
cunailed and an effcctive possession voluntarily, so no order was sought.
order obtained in substamially less That perhaps is where he got the figure
than a week. (Even where urgency is of 2,000. The number of legal defences
not proven, there is no reason why was very small." (l iansard, Stand ing
possession should not be regained in Committee 13, 10th Feb. 94, col 675)
three weeks. 'lhis is dcmonstrated by Squatted properties are rarely
this advenisemcnt from the Estatcs defended in the courts and, far from
Gazelle, 30/ 11 /9 1). being hoodwinked by squatters (as the
CP seemed to suggesu, judges have no
discreLion LO dismiss an application for
·'TRESPASSERS OFF YOUR LAND
IN UNDER THR EE WEEKS" possession unless a triable issue is
raised, and o ften do not do so even
"NEVER!"
then. Contrary to Mr. Maclean's ill-
informed specula Lion, squatters leaving
voluntarily will never lead to a case
being dismissed.
'Ihe Home Office was particularly
concerned with the- phenomenon of
"shop-squatling" claiming it often in·
volved "the use of electricity without
If this is the advice you've payment" (C I' para 32). Where this
been getting, then isn'1 i1 1ime
you consuhed occu rs the police already have powers
to arrest those responsible and charge
11_ -
CARTER LEMON?
- . . . . .' -
........... fO
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them with theft. Neither is it true that an
owner is prevented by secLion 6 of the
Criminal law Act 19n from ~ breaking a
pane of glass in his own front door to
obtain entry" (CI' para 26a). An offence
2,458 applications under summary would only take place if there were
(squatters) proceedings FAILED in the someone on the premises opposed to
Cou nty COUll in 1989 (CI' para 17). his cnlly. On fact a displaced residenLial
'Ihis can only suggest that many al- occupier would not be commitLing an
leged squatters were in fact tenants or offcnce even if the squaltcrs were in
licensees, and in addition that councils physi«ll occupation.) Thus the law falls
were attempLing to evict families to a long way short of making squalters
whom they had a statutory duty. "almost invulnerable" (CP para 8).
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(Ha nsa rd, Sta nding Committee 13, 10th Feb 94, col 664.)
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" that 's why we'll gel tough on amzed robbers, get laugh on rapists and get
tough On squauers." (Kcnncth Baker in response to rising crime figures.)
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© SQUASH 199-1