Squatting

Squatting is best avoided. If you are currently living in a squat you are legally classed as homeless - and the council may help you to find housing. Squatting isn’t strictly speaking 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.

Applying as homeless

Squatting will usually be a last resort and isn't a long-term option if you are homeless – you will almost certainly be evicted. Squatters will be classed as homeless because they don't have a legal right to live anywhere.

If you are squatting, you could consider applying to your local council for help as a homeless person. Use our free online assessment to find out what sort of help you might get if you apply as homeless.

If you are single and homeless, the council should provide you with advice on finding somewhere to stay. In some areas, specialist services may provide emergency help as an alternative to sleeping on the streets.

The council may have a legal duty to provide temporary accommodation for you if you are:

• eligible for assistance  (most people are eligible, but generally asylum seekers and some other categories of people who have lived abroad are not), and
• in priority need (for example, if you are pregnant or have children, or are vulnerable).

In an emergency, always get advice. 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 of your local council can't or won't help.

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.

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.

Using utilities such as gas, electricity and water without contacting the suppliers is also illegal.

If the landlord got a court order to evict the last people from the property, 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.

Some landlords may give you permission to stay temporarily in an empty property. If possible, find out who owns the property and what they intend to do with it. Find out more about becoming a ‘property guardian’ and alternatives to squatting at TheSite.org.uk. There may be a local squatters' group in your area who can advise you on the risks involved with squatting. It's usually safer to squat through an organised group rather than on your own.

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.

It is illegal for the landlord to use or threaten violence, or use force to get inside the property while there is someone there. This is the case even if the landlord gets a court order.

If a court order is needed, the landlord can apply to the court for one at any time and doesn't have to give you any notice. In most cases the court will automatically give the landlord the right to get back into the property. 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.

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