The City of London looks after more than 2,700 properties across
six London boroughs - Hackney, Islington, Lambeth, Lewisham,
Southwark and Tower Hamlets. It also has two housing estates -
Golden Lane and Middlesex Street - within the City itself.
The detection and eviction of unauthorised occupants or
squatters is important to us because it means that otherwise:
- the City of London loses valuable rental revenue and possible
increased repair costs
- bed and breakfast costs are increased
- Applicants on our Housing Register wait longer for affordable
accommodation and be rehoused and tenants for transfers
Often unauthorised occupants or squatters will wish to remain in
the property. Only in extremely rare instances will this be
permitted.
Definition of squatting
We regard a squatter as someone who occupies the property
without obtaining permission of the owner, or his / her agent or
the person legally entitled to be occupying it. In General terms we
classify a squatter as any one who is not known to the tenant that
manages to gain access into an empty property for occupation
following the termination of the tenancy. During the course of a
year many tenancies are terminated and often properties stand empty
for a short period of time while we carry out repairs before the
next tenant moves in. Although we aim to turn around all void
properties within two weeks depending on the extent of the repairs
this sometimes may take a little longer. If so we will then
consider whether additional security measures should be taken to
prevent unauthorised entry.
Legal action against squatters
The laws on squatting are quite complex and no landlord cannot
simply evict a person who is squatting. There are three ways of
repossessing a property which has been squatted. These are by
using:
- The Protected Intending Occupier (PIO) procedure under the 1977
criminal Law Act
- The County Court by way of Order 24
- (and the tenant may also use) the Displaced Residential
Occupier procedure under the 1977 Criminal Law Act
A Court Order issued by the County Court is required to
repossess a property from squatters. Once a ‘possession order’ is
obtained a bailiff’s appointment will be requested and the
squatters will be notified of the date of eviction.
If the squatter or occupant of the premises at any time makes
representation or an application for re-housing, then they will be
referred to Southwark’s Homeless Persons Team.
Unauthorised occupants
Unauthorised occupants are in the main ‘left behind’ in a
tenancy following the departure of the tenant. The tenancy is still
in existence although the tenant is no longer resident.
Unauthorised occupation covers a multitude of situations
including unauthorised assignment / exchange, people staying on
following death of tenant, residents who have no right to succeed,
children remaining after the parents have moved.
At the City of London we encourage all residents if they become
aware of squatters in a property that they know should be vacant or
if one of their neighbours has moved out and another has not yet
moved in to contact their local estate office. This also applies
generally to unknown and suspicious occupants.
The City of London cannot be expected to know what is happening
in all of the properties that it owns and we greatly appreciate the
information we receive from our residents. Once notified an Area
Housing Manager will then visit the property and assess whether the
occupant has a right to be there or be granted the tenancy and if
necessary commence legal action through the courts to repossess the
property.
In exceptional cases the City may agree to grant the unlawful
occupant a tenancy of the property concerned or that of a smaller
or more suitable dwelling. In making this decision the City will
consider:
- The length of residence.
- The relationship to the tenant.
- The City’s obligations under Housing and Homeless Persons
Legislation.
- If the occupant qualifies to go on out Housing Register.
- The size of the dwelling and its suitability for occupation by
the unlawful occupant.
Contact
For more information or advice please call 202 7332 1575/1656 or
email.