Plans To Criminalise Squatting: Hurting The Homeless Or Protecting Homeowners?

Squatting

Huffington Post UK   Dina Rickman First Posted: 21/08/11 10:58 Updated: 20/10/11 11:12

Chris began squatting six years ago after the death of his grandmother. Thrown out of her home and served with an eviction notice he couldn’t read because of severe dyslexia, he found an empty flat, then a warehouse, and set up home.

His local council provided no help. Chris was told he did not fit the criteria for homelessness and was turned away. “All they did was give me a booklet which I can’t read”, he said.

Within a month he was arrested for breaking and entering, and served 12 months in prison. On release, he squatted again because he claims he received no help from the prison service.

In the last four years he’s been arrested and sent to prison three times for breaking and entering. Now, he sleeps rough, afraid to squat again in case he gets sent back to prison.

Chris is one of a significant minority of homeless people who have squatted at some point, according to research by the charity Crisis.

The charity fear that Chris’ story will become all too common under Government plans to make squatting illegal

The chief executive of Crisis, Leslie Morphy, says the plans to “end the misery of squatting” for homeowners ignore the plight of the homeless: "What about the misery facing homeless people who are so desperate for a roof over their heads that they are often forced to sleep in abandoned buildings without heat, light or water?"

But justice secretary Ken Clarke has rejected claims that vulnerable squatters have nowhere else to go, telling the BBC in July:

“The idea that people only squat as a last and desperate measure and there’s no other way of getting a roof over their head, I’m afraid I don’t altogether buy.”

The controversy comes down to whether the plans will harm the homeless, or criminalise those who, in the words of Conservative MP Mike Weatherley, squat as a “lifestyle choice”.

People like Paul Reynolds, who heads up the Squash Campaign which is rallying against the plans to criminalise squatting. A squatter himself in West London’s Grow Heathrow, he says doesn’t want to work every hour of every day, to live the way he wants to.

“Yes some squatters are middle class - people want to maintain a decent standard of living. They don't want to work every hour they've got in life to get a house in London – there’s a lot of gardeners, a lot of artists, a lot of musicians. In order to maintain that kind of dignity they've chosen to squat.”

Reynolds says squatting “projects”, social spaces like London’s Really Free School Squat, which notoriously set up camp in Guy Ritchie’s Belgravia home, have been “used by those right-wing media campaigns as an example of how squatters are just middle class trustafarians.”

The furore over squatters, he says, is a “manufactured political issue”. Instead Reynolds says it’s time to focus on ‘silent squatters’: “The middle class squatters are probably more likely to go to court, more likely to speak to the press. That’s why it's easier to write a story about them. “

He adds: “What we're saying is squatters are as a constituency of people some of the most vulnerable, 39% of all homeless people squat at some point. And a whole range of people who squat for economic reasons - in places like London.

“The majority of squatters are totally hidden. they go and they squat quietly. That's probably the majority.”

In his 20s and having squatted for five years, Reynolds says the movement is “a rich part of history”.

“Right now there’s going to be another upsurge in squatting because of the recession. When people are skint they squat. Right now there’s lots of empty buildings and a lot of skint people.”

But The Tory MP for Hove Mike Weatherley believes that for every mention of a Chris he cites a family who, when grieving for the death of their mother, had to deal with squatters.

“It’s the fact that no one’s accountable for stealing. You can take possession of a house, damage the house and cause distress to the occupants. We had one recently when a lady died and whilst the family were grieving for their mother the squatters moved in – they damaged the place. Those squatters need to be held to account. At the moment all that happens is they’re asked to leave and can just go next door. We actually had that in Hove”

Like Ken Clarke, he rejects the idea that the plans will leave vulnerable and homeless people with criminal records. He says the target is those squatters we hear about in media reports who move into people’s private property when they go on holiday and refuse to leave upon their return.

“We should always remember that squatting and homelessness are two separate things. I’ve spoken to a number of homelessness charities and they all agree that some squatters are making a lifestyle choice and some action needs to be taken.

“What we’re not doing here is talking about the person who needs a home for the night and crawls into an empty building.”

For Weatherley, squatters like Reynolds and the Really Free School are living in a dream world. “If they want to live in a world where they don’t pay any money, I’m not stopping them from doing that. But If you’re feeling hungry you don’t walk into Sainsbury’s and think, ‘that can of tuna’s been there for a while’, you don’t do that. These squatters are stealing people’s property.

“At the end of the day they can’t just take what’s not theirs. If they want to go and live an alternative lifestyle they can go and be travelers or move into legal squats or communes or whatever but the answer isn’t to help themselves.

“We must draw a distinction between homeless persons and squatters. This isn’t an attempt to make homeless people criminals. I hope there’s provision in there that that’s taken account of. But we’ve got to make sure there aren’t loopholes.”

However advocates of squatting like Reynolds are right when they say this argument is a half-truth: “This is misrepresented as being about protecting homeowners even though it's already illegal to squat in someone's home.”

But for many, Reynolds and the Squash campaign are the wrong people to defend the legal right to set up home in empty buildings.

Crisis’ head of policy Katharine Sacks-Jones says in the end, the change in the law will affect vulnerable adults like Chris more than serial squatters like Reynolds.

“Far from being a lifestyle choice, many squatters are homeless people living in horrific conditions because they have no other option. Crisis research shows that 40% of homeless people have resorted to squatting. These are often very vulnerable people squatting in derelict buildings without heat, lighting or water. Criminalising these people will do nothing to address the underlying issue causing them to squat in the first place and that is their homelessness.”

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Chris began squatting six years ago after the death of his grandmother. Thrown out of her home and served with an eviction notice he couldn’t read because of severe dyslexia, he found an empty flat,...
Chris began squatting six years ago after the death of his grandmother. Thrown out of her home and served with an eviction notice he couldn’t read because of severe dyslexia, he found an empty flat,...
 
 
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21:49 on 08/10/2011
THIS POSTING OF HOMELESSNE¬SS=VERY IMPORTANT
DO YOU KNOW THAT AMERICANS TRAVELS ACROSS THIS COUNTRY IN
LESS THAN A CAR,
THEY WERE IN AN INCONVENIE¬NCED COVERED WAGON, NO AIRCONDITI¬ONING
NO SHOCKS ON THE WHEELS NO GASOLINE.
people are going back to basics but they are not all missionari¬es or in the spirit
or conviction of mission ministry to those in need.
They are just plain getting poorer with joblessnes¬s,
i hope you too will think seriously about the state of your community its
loss in jobs and wages. BUT WORST OF ALL IS TO BE OUT THERE
WITHOUT A GOD.
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HUFFPOST SUPER USER
Blackorpheus
the decisive blows are always struck left-handed
18:26 on 08/10/2011
For financial reasons, many buildings are boarded up for years. Homeless veterans, homeless women with infants, other humans down on their luck have the right to "squat" in those buildings away from the cold and rain; they have the right to stay alive. Despite what the law might specify, justice says otherwise.
11:08 on 31/08/2011
How about squatters that take over occupied houses, such as in New Southgate? http://www.thisislondon.co.uk/standard/article-23982248-neighbours-form-home-guard-to-keep-out-romanian-squatters.do

Those squaters are not homeless on their last legs but families looking for a free ride. How would you like to come home from holiday to find a family living in your house and the police unable to do anything about it?
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BeeJayCeee
I still loathe Thatcher
17:18 on 22/08/2011
It's already illegal in Scotland, although the law is rarely used.
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Matthew Harrold
Huzzah!
13:49 on 22/08/2011
As ever it's always easier to deal with the symptoms of modern society, then it is to tackle the root 'cause. It's also a lot easier to target those with very little power or others to advocate for them. Yes, some people do take advantage of the current squatting laws, but there's got to be a better way where desperate people aren't criminalised because of a need for shelter. Nor do we need people who actively loot and ransack places due to a lack of occupation.
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European1919
I am the PigmⒶn
13:48 on 22/08/2011
Having had experiences with a tenant from hell I'm all in favour of protecting homeowners. It is not our duty to remedy society's ills or cover for the shortcomings of government policies. And since the property belongs to us we can decide what to do with it - or not, as the case may be.
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crydespite
no-one is ever 'just saying'
03:28 on 22/08/2011
wrong to make squatting illegal? 100% yes it's wrong. If that's all you do.
23:16 on 21/08/2011
squatting is only squatting if the house is not occupied if they keep it clean and tidy and is not in use why should it be a problem. The squatters can move out when the owner needs it again. Can be a very safe way of protect your property from being vandalized
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01:21 on 22/08/2011
Maybe. But not so in the cases where the squatters won't move out without a court order, and the owner then finds that the property has been trashed when s/he gains possession.
21:26 on 26/08/2011
As long as the squatters feed the unicorns, and don't touch the pot of gold in that magical world you have dreamt up.
16:59 on 21/08/2011
Allowing squatting has nothing to do with a protective policy for homeless. It is ridiculous that in a chronically ill property market, in desperate need for house supply, the government allow people to leave flats empty, instead of making it more financially sound to either sell or rent them out. Squatters should be punished like burglars, while homelessness be addressed via a sustainable, affording housing strategy, and social programs. It is also ridiculous and deeply saddening that in a country that does not allow one to smoke in an open place that has more than 2 walls, one can go on holiday and find one's home taken over by strangers.
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davidword
davidword
01:02 on 22/08/2011
Total myth. You can't squat lived in buildings, you can't "go on holiday and find one's home taken over by strangers." Well, you can, but it would be treated the same as in any other country: as trespassing, burglary etc. Squatting only applies to empty property.
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01:19 on 22/08/2011
But you can get your house taken over if it's in the process of being renovated and no one is actually living there.

There needs to be a way of removing squatters in these situations without drawn-out court cases.
11:14 on 31/08/2011
Sure you can and they do

http://www.thisislondon.co.uk/standard/article-23982248-neighbours-form-home-guard-to-keep-out-romanian-squatters.do

The law in England is that as long as there is no sign of forced entry, squatting is a civil not criminal matter. So while most squatting is done in vacant buildings, some is done in occupied buildings such as renovations or people on holiday.
15:47 on 21/08/2011
By the way how old is Chris?
15:41 on 21/08/2011
Criminalise Squatting? why can't they just make the law or amend a act which doesn't allow people to break into someone's home while they out or away and going through a long process before being able to evict them.
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18:20 on 21/08/2011
Or better still, make it legal to use 'reasonable force' to eject squatters.

That way, if no one really cares about the property, they get to stay.

Otherwise the owner asks them to leave, and then gets a few 'friends' to help them move if necessary.
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14:00 on 21/08/2011
If he really has “severe dyslexia” then he would be considered disabled and given priority.
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Joseph Veverka
13:46 on 21/08/2011
Any nation that has homeless in the millions as we do today should look on that group and see opportunity rather than distain and hatred. They are there because we as a people have allowed our elected representives to squinder our taxes to people that don't need it. The homeless could be an asset to our society in that they afford us the opportunity to put others to work. But work is not profitable in this country or any other country. Work for a living can not compete with illegal careers. a drug dealer makes tens of thousands a night, while it takes a blue collar worker a year to do the same. Capitalism today is is not what capitalism was design to be. When the greed get involved in capitalism you get disproportionment of resourcses where you end up with a nation of poor and wealth only. The stewards of capitalism have screwed up in a race to do with less workers, find cheaper prices for supplies and goods, and not give those that do the work little inreturn for the time of their life that they give up to do their job. Little wonder there are millions of homeless.Little wonder we have become a nation of hopelessness and shame.
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Joseph Veverka
13:20 on 21/08/2011
Another story about how the rightous media thinks its a bad thing to outlaw squatters. The homeless is a condition of a shameless society that has little or no regrad for all the members of its population. So now the HP thinks it the home owner that is the problem. Someday you should come home after a hard day at work and find three people living in your home with you. Its shouuld not be the home owners problem and we apparently need laws to protect the home owners rights these days. I think the homeless should do some squatting on capital hill. Maybe they could fit several hundred homeless in the congress chambers and in the senate. Hey stop shaking the tiger by the tail the homeless are not a diease they are a symptom of a corrupt immoral society at in no way can claim itself civilized
11:30 on 21/08/2011
This seems par for the course; create a problem then criminalise the victims, genius! If it ain't broke don't fix it.