{"id":21101,"date":"2024-01-22T12:10:23","date_gmt":"2024-01-22T12:10:23","guid":{"rendered":"https:\/\/www.clearway.co.uk\/?p=21101"},"modified":"2024-03-18T10:36:50","modified_gmt":"2024-03-18T10:36:50","slug":"the-rise-of-the-commercial-squatter-and-what-to-do-about-it","status":"publish","type":"post","link":"https:\/\/www.clearway.co.uk\/news\/the-rise-of-the-commercial-squatter-and-what-to-do-about-it\/","title":{"rendered":"The Rise of the Commercial Squatter \u2013 And What To Do About it"},"content":{"rendered":"

Please note: this article is for general information purposes and should not be considered an alternative to professional legal advice.<\/em><\/strong><\/p>\n

That Was Then, This Is Now<\/h2>\n

Squatters in non-residential properties have become a bit of a knotty problem.<\/p>\n

Why, exactly?<\/p>\n

Well, most probably, as well as challenging economic circumstances for many, it\u2019s down to a legal loophole. Quite a large, deep one, in fact.<\/em><\/p>\n

Let us explain.<\/p>\n

Squatting, when someone deliberately enters a property and lives there or intends to live there, used to be a civil matter. It was often newsworthy. For many years, its legality simply baffled most law-abiding citizens, not least because of our \u201chomes being our castles\u201d and all that kind of thing.<\/p>\n

Equally, it was a near-impossible problem to solve. You may recall media-wide, apocryphal nightmare scenarios of homeowners who, on returning from holiday, were greeted with various uninvited folks, wreaking havoc and living the life of Riley in their house or flat.<\/p>\n

So-called \u201csquatters\u2019 rights\u201d were most definitely an issue.<\/p>\n\n

 <\/p>\n

A Deficient Decree?<\/h2>\n

However, things have changed: squatting in residential properties has been illegal since the 2012 Legal Aid, Sentencing and Punishing of Offenders Act (or LASPO). It\u2019s now a criminal offence, punishable by up to six months in prison or a \u00a35,000 fine.<\/p>\n

Or, both.<\/p>\n

The problem was that LASPO \u201cforgot\u201d to extend the law to commercial properties, or maybe we\u2019re being ungenerous. Therefore, it seems likely that the would-be squatter has turned their attention to empty shops, factories, warehouses, and offices \u2013 where no such prosecution currently exists.<\/p>\n

You can\u2019t just remove them.<\/p>\n

The police do not have similar powers to remove those unlawfully occupying commercial premises. They rarely respond to reports of squatters unless there is evidence of another crime, such as vandalism. Did you know that, as a landlord, it\u2019s YOU who could be breaking the law if you seek to remove squatters forcibly \u2013 or threaten to? While it\u2019s understandable to be angry, any aggression, intimidation or force will not be looked upon kindly.<\/p>\n

When Can the Police Take Action?<\/h2>\n

So, just\u00a0being<\/em>\u00a0in a non-residential property without permission is not illegal. But the following things\u00a0are<\/em>\u00a0against the law:<\/p>\n