- Related blog posts
- Phase One are experts in preventing vagrants from entering vacant properties through use of AlertCam surveillance equipment.
- Squatter Protection through use of security guards
- Confrontation between squatters and landlord ends with Detroit police putting the squatters out
- Squatting and the law
- Transfer to the High Court
- Evicting squatters: Costs and complications
- If squatters are successfully removed the property is immediately vulnerable
- Conditions for interim possession order application
- Option to remove squatters without going through court
Related blog posts
Phase One are experts in preventing vagrants from entering vacant properties through use of AlertCam surveillance equipment.
From the initial free risk assessment, we will identify any risks associated with your property remaining vacant and put together a comprehensive package to keep your premises safe and secure.
Our wireless AlertCam is perfect for any vacant property as it doesn’t require power or phone line to operate – yet its monitored 247 by our manned control room.
Once the AlertCam is set up at your vacant property it will alert our control room of any movement around the property.
With every activation, a 10 second video-clip is sent to our control room for verification – if they see a person the will notify security, police or key holders.
The beauty about AlertCam is that it’s completely wireless and has up to 4-year battery life and it can be used in any surrounding conditions.
The AlertCam can be set up to run 24 hours or run to a schedule of your choice. It can connect up to 24 sensors per panel and can connect fire alarms, heat detectors, floor detectors and a range of other sensors to help protect your vacant property.
Squatter Protection through use of security guards
Phase One provide the most effective squatter prevention available.
Our SIA Approved security guards occupy your vacant property for security purposes, temporarily living on-site and providing regular mobile patrols and a 24hr deterrent to squatters.
Properties that are occupied are not targeted by squatters. Squatters are only looking for buildings of which they can take possession.
To demonstrate possession squatters must be able to control entrance and ingress of the property. Our SIA licenced security guards live on-site and thus there is no opportunity for squatters to take possession. Our security guards are moving around the properties they protect throughout the day and night, controlling and making use of all entrances.
Legally a squatter must have entered a property through an open door or window or it is classified as breaking and entering and is a criminal offence.
In practice squatters usually break into vacant property to take possession and repair any damage they have made thus making it difficult to prove they have committed a criminal offence rather than a civil one.
Squatters would have to change the locks to take possession but because our live-in guards are operating within the building changing locks is completely implausible.
Phase One security guards live on-site and this ensures that if squatters broke into a property it could easily be identified as breaking and entering.
The fact that live-in guards have some possessions in the property would also prevent squatters from being able to set-up their own living arrangements.
Confrontation between squatters and landlord ends with Detroit police putting the squatters out
Again, this makes it easy to prove who has a right to possession without having to go to county court. Live-in security guards are the most effective protection possible against squatters.
Phase One provides discreet and professional prevention of squatters.
Using our live-in security guards enables a property to continue the appearance that it is functioning, demonstrating good management to the outside world and preventing it from being a target and at risk.
Squatting and the law
The law changed on 1 September 2012 making it a criminal offence to trespass in a residential property with the intention of living there.
Since then networks of squatters in the UK have been solely targeting commercial buildings.
Being in a commercial property without consent is not currently considered a breach of criminal law and police can only act when criminal law has been broken, like damage to property or theft.
The Financial Times reported a rise of 100% in trespassing cases for commercial property in the quarter following this change in legislation that made trespassing in residential buildings a criminal offence.
Despite this change in law, squatting in residential properties remains a threat.
This is partially due to a lack of enforcement by the police.
Transfer to the High Court
Cuts in police budgets have made some police stations reluctant to take on the additional responsibility for managing security for all vacant residential buildings. In addition, it is very difficult for a police officer on a doorstep to tell the difference between a genuine tenancy dispute and a squatter who claims a right to reside at a property.
Therefore, to establish whether there has been a criminal offence under S144 it may require a case in court, by which time the squatters have disappeared.
For a conviction to be made under the new law the trespasser must essentially confess to entering the property with the intention of living there.
Evicting squatters: Costs and complications
Once squatters have occupied a building, removing them can be time consuming and expensive. Property owners are required to file an application for a Possession Order (PO) or an Interim Possession Order (IPO) at their local county court to claim their right of possession.
An IPO can speed up the process by which possession is granted to the rightful title owner (with possession granted immediately and trespassers ordered to vacate 24hrs after a judgment is made), but they are not always successful and still require a bailiff to evict the squatters if they refuse to go voluntarily.
Even if an IPO is granted the claimant will have to attend court on a second occasion to receive the full possession order.
Owners can claim for damages against squatters with an ordinary possession order (PO) but because the trespassers are “persons unknown” with no fixed address or registered name that allows them to be traced, in almost all cases damages cannot be retrieved.
Property owners have been known to lose cases for rights of possession and can be required by the judge to first meet certain conditions before they are granted a possession order.
Applications for possession are by no means a certain outcome. There are often legal and bureaucratic complications which delay possession being granted and can cause a county court judge to decide against the favour of property owners.
Even once possession has been granted there can be delays to court bailiffs executing the possession order.
As a result, it can take many weeks to get an initial eviction date.
Squatters have also become adept at delaying eviction and can turn up in very large numbers on the scheduled day, preventing bailiffs from evicting them.
This may necessitate that bailiffs return to county court to reschedule a return with reinforcements.
A second eviction date may not be set for many more weeks, in part due to government cuts drastically reducing the number of serving county court bailiffs.
The alternative to waiting for the court bailiff is to hire a private one who serves county court orders or will escalate the possession order to the High Court.
This can quickly become expensive. The bailiff firm will decide how many bailiffs are required and what force is reasonable based on their own risk assessment of the eviction.
If there has been a previous failed eviction due to large numbers of squatters the case could be considered a high-risk eviction and costs will increase accordingly. There is a charge per hour for each bailiff required, an attendance fee and any charges for any additional assistance required.
Once served with a possession order in some cases squatters cause extensive damage to the building before they leave, taking with them metal piping, electrical cables, copper boilers, lead roofing or other valuable items.
With some of the more disagreeable squatter’s extensive damages and large parties or squat raves are done out of spite for evicting them.
If squatters are successfully removed the property is immediately vulnerable
The law does not effectively prevent the building being re-squatted by new squatters.
Conditions for interim possession order application
Although the order of possession states that the defendants must not return to the property, squatters are recognised as “persons unknown”. They are not registered as official, traceable persons and there is little to prevent the same squatters returning with different representatives.
The building will also subsequently be known by the squatting network and continues to be vulnerable.
The problem of squatters is easily and effectively prevented with live-in security guard service.
Option to remove squatters without going through court
Phase One have had years of experience in the industry and can negotiate a deal to remove squatters without the need to attend court – although there is a cost associated with this service and it’s not guaranteed to work – it’s a fraction of the cost of going through the courts in both time and money.
Contact us to discuss your requirements