SQUATTERS have proven a problem for a number of property and land owners in Cheltenham. Michael Purton finds out what you should do if unwanted guests move in.
A FORMER police house in St Mark's has repeatedly been targeted by squatters recently, raising the question of what property owners should do if faced with the same situation.
Squatters first moved into numbers 32 and 34 Church Road in summer last year, and were seen at the property again last month.
They placed signs in the doors of the house, which is listed as a commercial property, saying they would not leave without a legal fight.
Neighbours said the squatters were a "nightmare", holding all night parties and playing loud music.
Fortunately for developer New Dawn Homes, which plans to demolish the building and create seven houses on the site, the squatters moved out before it had to take legal action.
But what should property owners do if they find themselves in the same position with squatters who refuse to leave?
Lloyd Anthony, of Cheltenham law firm BPE Solicitors LLP, has the following advice: "New legislation which came into force in September 2012 has made it a criminal offence to squat in residential buildings.
"Should the worst happen and unwanted guests move in, it is important to act swiftly.
"Under the provisions of the new law, an offence is committed if a person knows or ought to know that they are a trespasser and intends to live in the building for any period of time.
"In this situation, a telephone call to the local police should get the countdown started for squatters in residential property.
"While possible reform could be seeking to apply the same criminal sanctions for squatters in commercial premises, this has yet to be legislated.
"But it is just as important, if not more so, to guard against the risk of squatters in commercial property.
"There is also the risk that an over-stretched police force may not be able to prioritise this and so despite the new residential provisions, even a residential landowner may still need to turn to the civil court for remedy.
Application
"Once squatters have moved in, an application should be made to the court as soon as possible for a possession order."
He added: "The system can be frustrating for landowners. When squatters occupy premises, as opposed to land, it is possible to obtain an interim possession order if the application is made within 28 days of when the landowner should have known that squatters were in occupation.
"The order will require any persons who are in occupation to leave the premises within 24 hours once the order has been served on them.
"Although the court will set a date for a full hearing, it is unlikely that the squatters will attend and, generally, the granting of a final order will be a formality.
"However, an interim order cannot be obtained where squatters occupy only land and not premises. Landowners are then left with the option of obtaining a possession order by a more formal court process including the ultimate issue of a bailiff's warrant – a much slower and more expensive process.
"The criminal sanctions of the new law may go some way to short circuit the previous process by giving the police the power to deal with trespassers.
"However, whether squatters will be at the top of the priority list for the police remains to be seen.
"In the meantime, it is the landowners who will continue to incur the cost of removing those who chose to trespass on land.
"The cost of proceedings, inconvenience and inevitable damage will be incurred by the landowner. When it comes to squatters, prevention is most definitely preferred to cure."
