Squatting

This content applies to England only. Why is this important?

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

Squatting isn't illegal but you can be evicted very easily and it doesn't give you any security. You can also be arrested if you damage the property or, in some circumstances, if you refuse to leave.

The law on squatting

Squatting itself is not a criminal offence. However, it is illegal to get into a property by breaking in or damaging windows and doors. You could be arrested even if the damage is minimal. If you find a property that you can get into easily, you reduce the risk of running into legal problems.

In some cases, squatters can also be prosecuted for other offences. There is a risk that this could happen if you don't leave when:

• the landlord gets a court order, or
• a person who normally lives in the property, or has a right to move in (such as a new tenant) asks you to leave

Finding a place

If you want to live in a squat, find out whether there is a local squatters' group in your area. It's usually safer to squat through an organised group rather than on your own. Visit the Advisory Service for Squatters website for more information.

It's usually best to find a property that has been empty for at least a few months, as it reduces the chances of being moved on. If possible, find out who owns the property and what they intend to do with it. Some landlords may even give you permission to stay temporarily. If it used to be rented out, find out why the last people left. If the landlord got a court order to evict them, you can be evicted much more easily as the court order applies to anyone living in the property - the landlord can call the bailiffs in immediately.

Most squatters make sure that there is someone in the property at all times. This is because it is illegal for the landlord to force her/his way back in while there is someone inside.

Utilities

It is important to get utilities such as gas, electricity and water connected properly. Using these services without contacting the suppliers is illegal.

Eviction

Squatters can be evicted much more easily than most other people and in most cases the landlord doesn't have to get a court order first. If a court order is needed, the landlord can apply for one at any time and doesn't have to give you any notice. In most cases the court will automatically give her/him the right to get back into the property.

However, the landlord cannot use or threaten violence to get into the property while you are inside. This is the case even if s/he gets a court order. It is illegal for the landlord to force her/his way back in while there is someone inside.

However, if you refuse to leave when the court order is given to you, you can be prosecuted. The landlord can also ask the bailiffs to physically remove you and your belongings from the property immediately. The doors and windows will normally be secured so that you can't get back in.

Finding a permanent home

Because you will almost certainly be evicted eventually, squatting isn't a long-term option. However, most squatters are entitled to help and advice from the council and some can also get housing. Squatters are classed as homeless because they don't have a legal right to live anywhere. The council has a legal duty to provide temporary accommodation for you if you are also:

• eligible for assistance (most people are eligible but asylum seekers and some other people who have lived abroad are not) and
• in priority need (only some homeless people get priority for accommodation)

The law on who's entitled to housing changed in 2003, so it's worth finding out whether the changes affect you. Even if the council has refused to help you in the past, don't be put off. Some people may be entitled to help from social services even if the housing department won't help.