Occupiers made homeless by squatters. How to evict squatters in London?
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Is it possible to evict squatters in London UK?
Squatters thrown out after 10 years
Squatters evicted after 10 years. Clifton Mansions, Coldharbour Ln, Lambeth, London SW9 8LL, UK.
About 50 squatters were evicted from a block of 22 flats in Brixton, London today after occupying the building for more than 10 years.
Council bosses are to emplpoy "live-in guardians" to stop squatters returning to Clifton Mansions that has become known for housing musicians and artists. Lambeth council said it carried out the eviction to cut down on "anti-social behaviour" and to rise "vital funds". Squatters were removed by bailifs and police.
Squatters thrown out after 10 years. Evening Standard, London UK, 2011–07–12.
Squatters came from a house in Bloomsbury, stayed for a week in a £6 million Fitzrovia house and then moved into to a pub The Black Horse on Rathbone Place close to Oxford Street.
something smells a rat
Related stories below
- Guy Ritchie squatters face legal deadline
- Guy Ritchie squatters set up ‘free school’ in London
- Squatters in Guy Ritchie’s house
- Squatters occupy London mansion
- Online advice to combat squatters
- Banksy gallery squatters’ plans dashed
- Family home cleared of squatters
- ASS - Advisory Service for Squatters
- How to Evict Squatters in London
- Advice on dealing with squatters in your home
Guy Ritchie squatters face legal deadline
Squatters occupying a £6 million house owned by Guy Ritchie
Squatters occupying a £6 million house owned by Guy Ritchie say their time at the property is running out after the film director’s legal team served papers ordering them to appear in court.
The group, known as the Really Free School, took over the five-storey building in Fitzrovia on Sunday, 13 February 2011. Visitors have been arriving at the Grade I listed home for classes in subjects including tarot reading, poetry and how to use public transport for nothing.
A court order was put on the front door, instructing the collective to attend Central London county court tomorrow.
And in a message posted on Twitter, the group admitted: “We potentially only have two days here.”
Guy Ritchie squatters face legal deadline. Rob Parsons, Evening Standard, London UK, 2011–02–16.
Guy Ritchie squatters set up ‘free school’
14:00 – 16:00 French lesson for activists and anarchists, 15:30 – 16:30 Participatory economics: from resisting cuts to a bossless economy
BBC London’s Paraic O’Brien goes inside the two properties in central London
Squatters have pledged to set up a ‘free school’ in two properties owned by film director Guy Ritchie which they have taken over in central London.
The adjoining town houses, located in Fitzroy Square, Fitzrovia, have been occupied since Sunday by a group called Really Free School.
A repossession order, issued by Central London County Court, has been taped to the doors by the star’s solicitors.
A spokesman for Ritchie said he would not comment on the matter.
The group has posted photographs of the interiors of the houses, which are under renovation, on its website.
It said it would not be conducting interviews with the media as it ‘often portrays a distorted reality’.
And it promised to offer those inside the building ‘a collective learning process directed by your own desires, ideas, questions and problems’.
Guy Ritchie squatters set up ‘free school’ in London. BBC, London UK, 2011–02–15.
Squatters in Guy Ritchie’s house
Squatters take over Guy Ritchie’s house
Squatters take over Guy Ritchie’s house
Squatters have pledged to set up a ‘free school’ in two properties owned by film director Guy Ritchie which they have taken over in central London.
The adjoining town houses, located in Fitzroy Square, Fitzrovia, have been occupied since Sunday by a group called Really Free School.
A repossession order, issued by Central London County Court, has been taped to the doors by the star’s solicitors.
BBC London’s Paraic O’Brien went inside the properties.
Squatters take over Guy Ritchie’s house. BBC, London UK, 2011–02–15.
Squatters occupy London mansion
Squatting in 10-bed Highgate home was ‘easy’ say squatters. Two of the squatters explain why they are occupying the mansion in north London.
The 10-bedroom house has running water, electricity and heating
A man who along with 29 people has been occupying a 10-bedroom mansion in north London has said he would have been arrested in his native Latvia.
Jason Ruddick, 21, said he entered the Victorian home in Highgate through a broken bathroom window on Boxing Day.
He said squatters rights in England means ‘this is one of the few countries (where) it is so easy to do it’.
‘I would probably get arrested (in Latvia), that would be the end of it’, Mr Ruddick added.
Occupation of empty properties is a civil, not a criminal, matter in England and Wales, unless entry is forced. Police can act only if the squatters commit offences such as theft or criminal damage.
‘Very nice’ area
The 30 people living in the property - which has four bathrooms, a kitchen with a stove and running water, heating and electricity - come from all over the world, including from the UK.
Mr Ruddick, who said he has no place to live in Latvia, said: ’We need somewhere to live.
’We really can’t afford it (rent), because not all of us have jobs, not all of us can claim benefits, so we have no money to pay.
‘If not for this squat many of us wouldn’t have anywhere else to go and end up on the street.’
He acknowledged that the group had put up posters in the area saying anybody trying to enter the house would be prosecuted.
‘If we enter this property then it’s in our possession, so the owner has to go to court to get us out unless he lives here.’
Another squatter, who gave his name as Henry, said: ‘The law states… if there is any empty building which is not being used, you can put it to use in any way you see fit and what a shame to not get the most of this place.’
The squatters received a court order for 19 January, but Mr Ruddick said he has already decided on his next home in the ‘very nice’ Highgate area.
‘I’ve already found it… 15 minutes away. It’s finished, it’s not being refurbished, it’s better.’
Squatters occupy London mansion. BBC, London UK, 2011–02–07.
Online advice to combat squatters
Guide to stop squatters published online
A guide for homeowners, aimed at stopping squatters ‘invading’ their property, has been published online.
Housing Minister Grant Shapps says he wants to end the ‘anti-social, undesirable and unfair’ practice in England, Wales and Northern Ireland. Squatting is a crime in Scotland.
The guide outlining people’s rights is a response to websites set up to help squatters get round the law.
The Advisory Service for Squatters said Mr Shapps was ‘scaremongering’.
Changing locks
Houses to let Landlords can find evicting squatters is a problem
The new advice highlights that people can apply for an Interim Possession Order, requiring squatters to leave their property within 24 hours or face up to six months in jail.
Owners may need to provide evidence that the property is theirs.
Mr Shapps told the BBC: ’Squatting is anti-social, undesirable, and unfair on homeowners who find they have their homes taken over.
‘This government is not prepared to stand that situation continuing, and in particular we’re keen to provide better advice for people who find that they are victims of squatters as well.’
He said it was a ‘huge issue’ for families who found squatters had invaded and said it could be very difficult for landlords to remove them.
Mr Shapps took aim at the ASS, which according to its website ‘provides legal and practical advice to squatters and other homeless people’.
He said: ‘Surprisingly, there’s an awful lot of advice out there for squatters, including a squatters advice line - an office almost acting as an estate agent for squatters… but actually very little help for people who find they’re the victim.’
‘Ask someone to look out for your property if you go away,’ he advised.
‘It shouldn’t be that the squatters get the upper hand - that’s happening far too often at the moment and the government is determined to put people back in charge of their own property.’
But Katharine Hibbert, a former squatter who works informally for the ASS, said Mr Shapps was scaremongering as squatters ‘do not and cannot invade [people’s] homes’.
She told the BBC: ’It’s really unnecessarily alarmist to talk about people’s homes in this kind of context.
‘You have to find a place that’s empty and the law as it stands does protect homes that are in use as homes.’
A squatter living in a pub in London told the BBC he could not afford rent in the city while he looked for work.
The Latvian national, giving his name as Jason, said there were lots of empty properties around.
‘I just walk around the area I want to live and then I find houses which look empty and I check them over a period of time and see if they’re really empty,’ he said.
‘It’s better than people living on the street. I mean most squatters live, like, normally, not like damaging stuff.’
In Scotland, squatting is a criminal as well as a civil offence but in England, Wales and Northern Ireland it is a civil offence only.
In Scotland, owners can evict squatters without notice and they could face a fine or a prison sentence.
Case study
Having had a buy-to-let property squatted while empty for one week between tenancies I feel very strongly that squatting should be criminalised.
I had the expense of losing rent, paying for alternative accommodation for the rightful tenants, replacing beds, carpets and redecorating.
To cap it all I had to pay for the gas and electricity used by the squatters as well as the council tax while the place was ‘empty’.
After then paying £3,000 to get them out in the courts, they wandered across the street and broke in to another house.
They were seen doing this and the police were called but they just said that the door had been left open and the police left them to it.
Simon Gould, Landlord, Brighton
Online advice to combat squatters. BBC, London UK, 2010–11–08.
A guide for homeowners, aimed at stopping squatters ‘invading’ their property, has been published online.
The guide outlining people’s rights is a response to websites set up to help squatters get round the law.
BBC News website readers who have been affected by squatting or have have been squatters discuss their experiences:
PEOPLE WHOSE HOUSE HAS BEEN SQUATTED:
The local police officer found out that a squatter was indeed there after she received a final bill from the water provider” Linda Melbourne Halberton, Devon
Simon Gould, Brighton: ’Having had a buy-to-let property squatted while empty for one week between tenancies I feel very strongly that squatting should be criminalised.
I had the expense of losing rent, paying for alternative accommodation for the rightful tenants, replacing beds, carpets and redecorating.
To cap it all I had to pay for the gas and electricity used by the squatters as well as the council tax while the place was ‘empty’.
After then paying £3,000 to get them out via the courts, they wandered across the street and broke in to another house.
They were seen doing this and the police were called, but they just said that the door had been left open and the police left them to it.
It’s beyond belief that this has been allowed to continue so long and high time it was stopped.’
Linda Melbourne, Harberton, Devon: ’My mother in law is 89 and has just found out that her cottage in Harberton village has a squatter - she lives in London.
She is in very bad health and it does not take much to upset her now.
The local police officer found out that a squatter was indeed living there, but only after she received a final bill from the water provider.
It turns out he has put all the utility bills in his name.
We do not have a clue how to deal with this situation and, as the cottage is hers, it is very hard for her to do much.
Why do the scroungers and do-nothings in the country get all the rights and the people that have worked all their life get nothing?
Her husband was in Auschwitz for five years in concentration camp. He recently died so she is very upset.’
SQUATTERS
We never want to squat someone’s home. We look out for abandoned properties that are definitely not
other people’s dwelling place”
- Squatter Owen Llewellyn, London
Owen Llewellyn, London: ’I squatted for 13 years and still have several friends who are currently squatting.
Let me reassure homeowners that we never want to squat someone’s home. We look out for abandoned properties that are definitely not other people’s dwelling places.
The government should spend its money on renovating abandoned properties to provide desperately needed housing rather than publishing childish scare-mongering documents.
There are several very effective laws that can be used to evict people in cases of ‘home invasion’ situations. Most were introduced by the Tories in the 80s.
I have never come across any of these laws being used in practice because ‘home invasion’ is extremely rare.
The real crime here is the juxtaposition of homelessness and empty houses. If we waited for the state to sort it out we’d be waiting forever.
Squatting is not a crime.’
Graham Barbour, Oldham: ’Despite having just finished producing a film on housing conditions in Scotland - I found myself homeless in London in the 80s.
Some other squatters showed me how to find squats, and I was able to live and work in London for several years.
It is quite easy to evict squatters these days as a 24-hour notice can be obtained and served by a bailiff.
I would also point out that I was able to give housing to several other homeless people during that period.
Also, most of the YBAs (Young British Artists) of that period (late 80s–90s) were active squatters. Their art is now worth considerably more than some houses.’
Squatters online guide: Your views. BBC, London UK, 2010–11–08
Plans dashed for Banksy gallery Foundry’s squatters
The squatter is a member of the group Foundry For The People
Pete Doherty read poetry there, Kate Nash performed there and in the basement stood a six-metre high Banksy mural.
‘If it’s not squatted in by someone who wants to save it, it will be squatted in by someone who wants to destroy it,’ said 36-year-old Sidney.
The squatter is a member of the group Foundry For The People who hope to save The Foundry - the gallery and bar at the centre of east London’s art scene - from demolition.
Hackney council approved plans for developers Park Plaza to replace it with an 18-room art-themed hotel back in February.
Foundry For The People, who had been squatting in the Hoxton building for two months, thought they stood a chance of saving it ‘for the community’.
Then, on Thursday morning, they were evicted.
Free exhibitions
But on on Wednesday, Sidney had said: ‘I think it’s winnable.’
’It may require a certain amount of magic but quite often, the police will leave a squat if they like it.
Here, if you put the art on the wall you can have a free exhibition” - James Hurford Foundry squatter
‘It’s matter of whether we can we police ourselves and make a positive contribution to the community.’
For over a decade, Foundry hosted free nights showcasing music, poetry and films.
Electro band Hot Chip are said to have formed there and Pete Doherty used to host its poetry nights.
The building was also used as a free space for artists to display their work.
For the past two months, the squatters have been holding free nights of art and music to continue in the spirit of the venue’s previous owners.
‘It’s quite a rare thing these days, people who want to do something for nothing,’ said James Hurford, 36, who works as a courier.
‘But here, if you put the art on the wall you can have a free exhibition,’ he said.
Last laugh
In recent weeks, the squatters have hosted live bands, artists and video nights, attracting dozens of people.
‘We have theatre groups using this place during the day, we have artists coming in doing their own artwork, we have local kids who come in and do graffiti,’ said Mr Hurford.
‘Last night we had a video night. We have live bands in on a Friday and Saturday, and we have live mic night on a Thursday.’
The squatters were certainly not impressed with Park Plaza Hotels’ plans for the building.
Mural in The Foundry basement New artworks have been painted in The Foundry’s basement since squatters moved in
The planned redevelopment, part of the Art’otel chain, would see the gallery incorporated into the hotel.
‘They just want to make it a hotel. There are at least four hotels in the area,’ said Michael, a 37-year-old student.
‘It will be a joke of an art hotel compared with what they knocked down.’
But now it looks as though Foundry For The People’s plans for the venue have been dashed.
On Thursday morning, bailiffs moved in to evict the squatters.
Hackney Council, which approved the plans for the hotel, said the new gallery would have more exhibition space for local artists than the Foundry had.
However, there could be a sting in the tail for developers.
They had hoped to preserve the Banksy mural to draw people to the hotel.
But Foundry For The People claims the mural no longer exists.
‘There is no Banksy mural here any more,’ said Mr Hurford.
’The person who was here before was asked by a certain artist to go over all their stuff.
‘This place was whitewashed over when they moved out.’
Plans dashed for Banksy gallery Foundry’s squatters. By Andy Dangerfield, BBC News, London UK, 2010–08–19.
Squatters evicted from art gallery The Foundry
Bailiffs have evicted squatters protesting about the demolition of an east London art gallery.
Banksy gallery squatters’ plans dashed
They had been occupying The Foundry in Hoxton - once home to a Banksy - since June. The venue will be replaced by an art-themed hotel.
The Foundry allowed artists to exhibit for free and protesters say the development is cashing in on the local art scene at the cost of artists.
Park Plaza Hotels said its 18-room project would create jobs.
At lunchtime, bailiffs moved in to evict the protesters, who call themselves Foundry for the People.
Police were at the scene to keep the peace.
‘Just wrong’
Squatter James Hurford, 36, said: ’About 10 bailiffs turned up - they were massive guys.
’They did not inform us what was going to happen, but barged past us and evicted everyone.
‘They are not even allowing me to pick my stuff up.’
Click to play: A squatter talks about being evicted from the Foundry
Mr Hurford continued: ’This was a free art space and it’s getting ripped down to make a hotel.
‘It’s just wrong.’
Foundry for the People is the second group to inhabit the building, after previous protesters, 84 Great Eastern Street, left about two months ago.
The latest group said bailiffs had no jurisdiction to evict them, as the court order was issued to the previous squatters.
A Hackney Council spokeswoman said: ’The promised hotel will have a gallery space, restaurant and bar open to the public.
‘The gallery will have more exhibition space for local artists than at the current venue.’
The council said it did not know if the space would be free for the community after the development.
Park Plaza Hotels refused to comment on the eviction.
Banksy gallery squatters evicted. BBC, London UK, 2010–08–19.
Squatters evicted from family’s Tottenham home
The home in Tottenham, the squatters claim they signed a tenancy agreement
A family of squatters has been evicted from a north London home which they occupied over the Christmas holidays.
Julian and Samantha Mosedale were on holiday with their three sons when friends alerted them about intruders at their three-bedroom house in Tottenham.
They had been living in a rented house since July 2008 while their home underwent renovation work.
Mrs Mosedale, 41, said the ordeal had ‘shaken their faith’ and made them question living in Tottenham.
Speaking through a translator, the squatters, from Romania, claimed they were paying rent and showed BBC London a paper saying it was the tenancy agreement.
Burglar alarms
As the home was undergoing a revamp it did not have a kitchen, heating or hot water. The squatters - four adults and four children - were using electric fires and cooking on gas stoves.
Builders had been working at the property until October and Mr Mosedale, 45, last went to the house on 17 December. The house was also fitted with burglar alarms and locks.
The Mosedales were in Essex on Boxing Day when a friend called and said he had seen people going into the house.
Mr Mosedale said the squatters moved in on Boxing Day
On 3 January Mr Mosedale found the locks had been changed. He said he was discouraged by the initial police response as they treated it ‘as a civil matter’.
‘We were warned not to approach or gain access to our property and risk immediate arrest.’
But once Mr Mosedale got a court order for eviction, he said the police acted ‘quickly’ and the squatters were evicted on Wednesday afternoon.
Mrs Mosedale said the family had lived there since 1995 but the ordeal left them and their sons - aged five, eight and 10 - feeling ‘totally violated and unsafe’.
‘This has shaken our faith in the house and London,’ she said.
’Our oldest son was quite upset. He didn’t want to come back as he didn’t feel safe in Tottenham.
‘This is reinforcing our feeling that this is not a good place to raise our kids.’
The family were hoping to move back by March but are now unsure as to how long it will be before they get full possession of their home and complete the building work.
Family home cleared of squatters. BBC, London UK, 2011–01–13
ASS - Advisory Service for Squatters
LEGAL WARNINGSection 6 Criminal Law Act 1977 As amended by Criminal Justice and Public Order Act 1994
TAKE NOTICE
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 this property without our permission is a criminal offence as any one of us who is in physical possession is opposed to 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 in the County Court or in the High Court, or produce to us a written statement or certificate in terms of S.12A Criminal Law Act, 1977 (as inserted by Criminal Justice and Public Order Act, 1994).
THAT it is an offence under S.12A (8) Criminal Law Act 1977 (as amended) to knowingly make a false statement to obtain a written statement for the purposes of S. 12A. A person guilty of such an offence may receive a sentence of up to six months imprisonment and/or a fine of up to £5,000.
How to Evict Squatters in London
Squatter Removal Service
Discuss the situation with your local police department. They can help guide you with the legalities of the situation.
The police are unable to resolve the situation. A lawyer experienced in squatters’ rights will be able to assist you in reclaiming your property.
Hire a professional eviction company to clear your property. They are trained in confrontational situations and know how to handle it. Immediately change all locks on doors and windows to prevent re-entry of the squatters.
How to Evict Squatters really...
Advice on dealing with squatters in your home
What can I do if my home has been taken over by squatters?
If you return from walking the dog to find squatters in your home...
If you return from holiday or walking the dog to find squatters in your home and they refuse to leave, you can call the police and report a criminal offence.
If you intend to move into a property, but are currently not living there (for example because you are carrying out repairs), you may also be protected by the criminal law.
The police may decide to make an arrest on suspicion of an offence under Section 7 of the Criminal Law Act 1977, which says that it is an offence, subject to certain defences set out in the Act, for a person who is on residential premises as a trespasser to fail to leave having been required to so by or on behalf of a displaced residential occupier or a protected intending occupier.
Always remember that you will have to be able to prove that you are either a displaced residential occupier or protected intending occupier of the property.
What should I do if a squatter has damaged or stolen my property?
If a squatter damages your property either whilst entering or once inside the property, they may be guilty of criminal damage. You can call the police to report this.
Similarly, if they steal items from the property, or use the utilities they may have committed a criminal offence, and you should report this to the police.
Do ‘squatters’ rights’ really exist?
The popular notion of ‘squatters rights’ arises from section 6 of the Criminal Law Act 1977, which makes it an offence to use violence or threats of violence to gain access to premises when there is someone on the premises who is opposed to such entry.
This was introduced to prevent unscrupulous landlords from using violence or intimidation to evict legitimate tenants. But it has also been used by squatters to oppose violent entry on the part of the property owner.
The Criminal Justice and Public Order Act 1994 made it clear that this offence does not apply to a person who is a “displaced residential occupier” or a “protected intending occupier” (or is acting on their behalf). In other words, someone who breaks down the door of their own home would not be committing any offence (providing he could prove he was the rightful occupier).
This exemption only applies to residential occupiers and protected intending occupiers. It does not extend to owners of non-residential properties, or residential properties which are not their own home.
Can squatters take ownership of the property if they stay for a certain amount of time?
Yes, but as squatters would have to remain in occupation of the property without the permission of the owner for ten years or more before they could acquire ownership of the property, it is rare for them to become the owner. The actual period of adverse possession required would depend upon whether the land is registered or unregistered.
The general rule is that 12 years adverse possession of unregistered land will bar the title of the former owner and 10 years adverse possession of registered land will entitle the squatter to apply for registration. The registered proprietor will be given the opportunity to object and in most circumstances, an objection will be successful.
How can I evict a tenant who won’t leave?
There are different sorts of tenancy and leases and landlords should carefully check both the terms of them and any statutory provisions that may apply before considering what action to take to gain possession. It is advisable for landlords to seek legal advice when seeking to evict tenants, as there are often difficult procedural requirements to be followed.
A tenant with an assured shorthold tenancy who fails to leave when asked to do so by a landlord is not a squatter and is not committing a criminal offence. Provided that any fixed term has ended, and that the correct period of notice has been given to determine the tenancy, a landlord can seek to remove him from the property by applying for a possession order in the civil courts.
Before applying for a possession order, the landlord must also comply with the specific two-month notice requirement set out in section 21 of the Housing Act 1988. This period (which may be longer than two months depending on the terms of the tenancy) must have expired before the landlord can issue their claim for possession.
If the courts grant a possession order, they will also specify a date for the tenant to leave - usually 14 days after the court hearing. However, if there are exceptional circumstances (e.g. if the tenant is ill or has very young children), the judge may delay this for up to six weeks from the date the order was made.
If the tenant does not leave by the specified date, the landlord can apply to the court for the bailiffs to evict them.
Is there a faster way of removing squatters?
Yes. The interim possession order makes it easier and quicker for people to regain possession of residential or commercial property from squatters. If the correct procedure is followed, an interim possession order can usually be obtained from the courts within a few days.
Squatters must leave the property within 24 hours of service of the interim possession order. If they do not they are committing a criminal offence and may be arrested. The offence is punishable by up to six months imprisonment.
It is also an offence for them to return to the property without the permission of rightful occupier for a period of up to 12 months from the date of service of the interim possession order.
An interim possession order does not give you final possession of the property. You must, therefore, also make an application for possession when you apply for an interim possession order. A final order for possession will normally be made at a hearing shortly after the interim possession order has been made.
You can apply for an Interim Possession Order if you find that your premises have been occupied by people without your consent.
Advice on applying for an interim possession order can be viewed on the Directgov website at: Squatters and unauthorised occupants
Where can I go to for practical advice?
For practical advice on how to remove squatters from your property, you may wish to contact the Citizens’ Advice Bureau, a solicitor or local council.
Advice on dealing with squatters in your home. Ministry of Justice, 2010.
