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ARTICLE · 11 OCTOBER 2012

Update On Residential Squatting

Clyde & Co
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On 1 September 2012, a new law came into force to make residential squatting a criminal offence.

United KingdomReal Estate and Construction
Keith Conway
Keith Conway
Gabriella Coombe
Gabriella Coombe
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On 1 September 2012, a new law came into force to make residential squatting a criminal offence.

What constitutes ‘residential squatting’?

For someone to fall under this definition, they must:

  • Be in a residential building

  • Be a trespasser (having entered as a trespasser)

  • Knows or ought to know that they are a trespasser

  • Live in that building or intend to live there for any period

However, the above will not catch a person who is holding over after a license or lease has expired, even if they leave the building and then re-enter. It is, though, irrelevant whether the person began their trespass before or after the law came into force.

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