Empty homes and the criminal law
Owners of second homes, inherited houses and rental properties between tenants often worry about what happens if someone moves in. This article summarises section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 as published on legislation.gov.uk, where the section is marked as extending to England and Wales, together with GOV.UK guidance on squatting law. The guidance on adverse possession applies to England. Scotland and Northern Ireland are outside the scope of this article because the section does not extend to them and they have separate law. This is general information, not legal advice.
The offence in section 144 (England and Wales)
A person commits the offence if three conditions are met. The person must be in a residential building as a trespasser, having entered it as a trespasser. The person must know or ought to know that they are a trespasser. And the person must be living in the building, or intend to live there, for any period.
The section treats a person who derives title from a trespasser, or has a trespasser’s permission, as still being a trespasser. It also applies whether the person entered before or after the section came into force.
What counts as a residential building (England and Wales)
Section 144 defines a building as any structure or part of a structure, including a temporary or moveable structure. A building is residential if it was designed or adapted, before the time of entry, for use as a place to live. The definition looks at the building’s design or adaptation before entry, not at whether anyone was living in it at the time. That is why the offence can cover an empty house or a flat between tenancies.
Tenants and others who remain (England and Wales)
The offence is not committed by a person holding over after the end of a lease or licence, even if the person leaves and re-enters the building. GOV.UK’s overview says that people who had the landlord’s permission at the start, such as tenants in rent arrears, are not classified as squatters. A former tenant who stays on is therefore outside the squatting offence.
Penalty and police powers (England and Wales)
The section provides for conviction on a summary basis, meaning in the magistrates’ court. The statute, as revised on legislation.gov.uk, expresses the penalty as imprisonment not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale, or both, and it applies a limit of six months to offences committed before section 281(5) of the Criminal Justice Act 2003 commenced. GOV.UK’s plain-English overview gives the penalty as up to six months in prison, a £5,000 fine or both. Where the two differ, the text of the statute is the primary source.
Subsection (8) amends section 17 of the Police and Criminal Evidence Act 1984, which deals with entry for the purpose of arrest, so that the squatting offence is added to the list of offences to which that power of entry relates.
Non-residential property (England and Wales)
GOV.UK says squatting in a non-residential building or land is not in itself a crime. It describes a non-residential property as any building or land that is not designed to be lived in. Criminal offences can still arise from what people do while there. GOV.UK lists damaging the property during entry or occupation, refusing to leave after a court order, theft, unauthorised use of utilities such as electricity and gas, fly-tipping and breaching a noise abatement notice. It advises contacting the police if someone is seen breaking into or damaging a property.
Failing to leave when required (England and Wales)
GOV.UK’s overview says that failing to leave when told to do so by the property owner, the police or the council, or following a repossession order, typically constitutes an offence. For owners, the practical significance is that the offence in section 144 sits alongside these other routes rather than replacing them.
Adverse possession (England)
Separate from the criminal offence is the civil route by which long occupation can lead to a claim to ownership. GOV.UK says a squatter can apply if they, or a succession of squatters, have occupied the property continuously for 10 years, or 12 years if it is not registered with HM Land Registry, and acted as owners throughout without the owner’s permission. For registered land, an application goes to HM Land Registry with a statement of truth, the owner is notified and has 65 days to object, and the application is usually rejected automatically if they do. The applicant can apply again after two years if the owner has not tried to remove them, the property has not been reclaimed and they remain in possession. The guidance applies to England.
Insurance and security angles
Long vacancy affects insurance as well as security. This site’s article on the Financial Ombudsman and unoccupied property claims sets out what the Ombudsman says about claims on unoccupied homes, and the holiday checklist covers routine precautions for a home left for a short time.
Common questions
Is squatting a crime everywhere in the UK? Section 144 extends to England and Wales only. Scotland and Northern Ireland have separate law.
Is a shop or garage covered by section 144? Only residential buildings are covered. GOV.UK says occupying non-residential property is not in itself a crime.
Does a former tenant who stays on commit the offence? Section 144 says no for a person holding over after the end of a lease or licence.
The bottom line
In England and Wales, entering a residential building as a trespasser and living there, or intending to, is a criminal offence under section 144, whether or not the building is occupied at the time. Non-residential property is different, since occupying it is not itself a crime, though damage, theft and utility abuse are. Long occupation can also support a civil claim to ownership in England after 10 or 12 years, depending on registration.
Sources
- legislation.gov.uk, “Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144 (Offence of squatting in a residential building)”
- GOV.UK, “Squatting and the law: Overview”
- GOV.UK, “Squatting and the law: Squatting in non-residential properties”
- GOV.UK, “Squatting and the law: Squatters’ rights to property”