Man leaves home for a week, then 15 squatters move in

[qliveur]

Yeah, that shit about Randy Quaid blew my mind. The funny part is that he went willingly, but his wife put up a fight!

 

[Whoozyerdaddy]

I think its a combination of a number of very old, well intentioned laws.

There is no crime of 'trespass' in the UK. You are free to move wherever you please, so long as you do not have to break-in, except where specific laws restrict access (military, government, infrastructure sites, etc.). So, if you interfere with an owner's usage of their land or building, then it is not a criminal matter and the police have no jurisdiction. The landowner must go to court to sue for rent, or ask the court to order that the trespassers be evicted. (Note - caution trying this, because you could end up causing a breach of the peace, which is criminal, and the cops could drag you away).

The tenancy laws also give all tenants in a building or land, the right of 'quiet enjoyment' - in other words freedom of harassment. You do not need a formal signed lease to be regarded as a tenant under this law, and this right not to be harassed is not contingent upon keeping to the terms of any lease. It is also a crime to infringe on this right, and the cops can arrest you for it. This law is so that unscrupulous landlords cannot screw poor tenants over.

The problem comes from the combination. If someone trespasses on your land or building (without committing a crime - e.g. breaking in) then the cops can't do anything about it. However, in the eyes of tenancy law, they become tenants of the property, and the landlord must protect the tenants rights, or the cops can (and will) arrest him.

Buncha fucking bullshit that is... So basically you have no property rights as an owner in England. You have NO rights. Blows my mind.

 

[0roo0roo]

Well it is a place you can be arrested for burning a koran after all...

 

[SSSnail]

Damn, and I thought America is a fucked up place; maybe this is why I'm a US Citizen.

 

[jlee]

Yeah it would be illegal for him to break in with people living in it.

It's a crime to break and enter to steal stuff, but to take up residence when the property is VACATED it's a gray area. I am surprised that being gone for only two weeks qualified though...I haven't studied squatting laws in depth though.

So they call the cops and they ask for proof of ownership of the property?

 

[ShawnD1]

Seems strange any law would support squatting. In Detroit, abandoned homes are destroyed by the city specifically to prevent squatting. Vacant lots are often used by criminals for various things. Making meth, for example...

 

[Ticky]

So they call the cops and they ask for proof of ownership of the property?

http://forums.anandtech.com/showpost.php?p=30640439&postcount=100

No trespassing laws apparently.

I can now add the UK to places I will never live.

 

[Timorous]

Squatters rights only apply if the property is vacant and in this case the property is clearly not vacant as his belongings are there and utilities are turned on. He should be classed as a DRO (Displaced Residential Occupier) and as such this action by the squatters is illegal and the police should have evicted them when they went into the property.

If that was me and the police refused to act I would probably break in with some mates and get them to leave, I would also sue the police department for failure to perform their duty. I would also do what this guy did and go to the papers to increase public outrage and reduce the likely hood that I would be arrested, and if it was as far as trial a jury would be unlikely to convict me for taking back my own property as long as I got the squatters to leave without any physical abuse.

 

[BUTCH1]

http://forums.anandtech.com/showpost.php?p=30640439&postcount=100

No trespassing laws apparently.

I can now add the UK to places I will never live.

Wow, just amazing, dirtbags basically evicted him from his own property, how any government anywhere could allow this type of law to remain on the books is just baffling. Maybe someone ought to "squat" in a prominent judge or politicians home just to bring to light the absurdness of the current laws..

 

[alkemyst]

So they call the cops and they ask for proof of ownership of the property?

possession is 9 tenths of the law in this case.

 

[monkeh624]

British laws don't really allow for self defence.

Actually, they do:

1. An individual is entitled to protect themselves or others;
2. They may inflict violence and/or use weapons to do so;
3. The level of violence may include killing the assailant; and,
4. An individual may even act pre-emptively and still be found to have acted in self-defence.

Source: http://www.protectingyourself.co.uk/self-defence-law.html

To everyone saying that the 'squatters rights' law is ridiculous, I completely agree. You will be hard pressed to find anyone in the UK that thinks this law should still be on the books (apart from squatters themselves obviously).

I'm not sure who said it and I can't be bothered to find the post, but someone stated:

'It's official, England is governed by idiots'

Again, I completely agree. Unfortunately, it doesn't look like it will ever change

 

[Timorous]

OK I looked up the legislation related to this and the following is a direct quotes from the legislation as written

Part II E+W Offences Relating to Entering and Remaining on Property
6 Violence for securing entry. E+W
(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b)the person using or threatening the violence knows that that is the case.

Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.

7 Adverse occupation of residential premises. E+W
(1)Subject to the following provisions of this section and to section 12A(9) below, any person who is on any premises as a trespasser after having entered as such is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of—
(a)a displaced residential occupier of the premises; or
(b)an individual who is a protected intending occupier of the premises.

(6)A constable in uniform may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section.

This means you can break back into your own house and not be arrested and it also means that when the police arrived they should have arrested the squatters.

It should have gone down like this
1. Guy gets home realises it is full of squatters phones the police
2. Police arrive, confirm the guy is actually the legal owner of the property and then requested that the squatters leave
3. If the squatters do not leave the police should then arrest them for commiting the offence outlined in section 7 above.

If the squatters did leave upon request I am not sure of the procedure, in my mind they should go down to the police station while the owner checks for any damage or theft. If there is damage or theft then the squatters should be arrested under that legislation but if there is no damage and no theft then there should be no criminal action. Of course the owner could try and go through small claims court to get back expenses like water/gas/electricity but that would probably cost more than its worth.

 

[tfinch2]

lulz that is ridiculous. Look at them trollin' in the window.

 

[alkemyst]

You will be hard pressed to find anyone in the UK that thinks this law should still be on the books (apart from squatters themselves obviously).

this is also some of the reason the US came to be.

Much of the original laws were very lenient because they were also status based. Squat on the King's property and his militia would just eradicate you. However; if he wanted your's he'd just send a couple goons and squat it out.

 

[DougK62]

Does anyone know if these weird laws exist in other modern countries? Ireland, Australia, New Zealand, France, etc...?

 

[ichy]

[/B]

Pretty sure that if you referenced any other ethnic group there you'd get a mod warning. Gypsy is considered a derogatory term for the Romani people.
http://en.wikipedia.org/wiki/Romani_people#Gypsy

"In North America, the word gypsy is commonly used as a reference to lifestyle[29] or fashion, and not to the Romani ethnicity."

My contempt is for those who buy into a certain culture (that seems to revolve around theft and fraud) and it's generally understood that that's who you're referring to when you use the term "gypsy."

 

[ViviTheMage]

Step 1: Go to English toy store
Step 2: Buy Hula hoop
Step 3: Take Hula hoop home
Step 4: Tell squatters that you will give them the house outright if you can't throw the Hula hoop over the chimney
Step 5: Wait for squatters to come outside to witness feat
Step 6: Run inside house
Step 7: Lock doors
Step 8: Laugh at stupid squatters through the mail slot

Simpsons Win!

 

[Born2bwire]

Jesus Fucking Christ. I really wish I never read that article because it just pisses me off to no end. How I wish that guy lived in Texas.

 

[CPA]

That makes me angrier than it should. It should be legal to kill them.

I'm 100% with you on this.

 

[CRXican]

kick in the damn door you vagina

 

[CPA]

Wow, just amazing, dirtbags basically evicted him from his own property, how any government anywhere could allow this type of law to remain on the books is just baffling. Maybe someone ought to "squat" in a prominent judge or politicians home just to bring to light the absurdness of the current laws..

Yet, there are people in this country that believe property rights should be abolished.

 

[SagaLore]

The jobless Italians changed the locks and have taken up residence along with their three dogs and two cats.

They don't have any money but can afford to change the locks?

Looking at the pictures, I highly doubt he had been living in there or was getting it decorated.

http://www.dailymail.co.uk/news/art...-decorated-15-squatters-in.html#ixzz136KVWsPL​

 

[alkemyst]

Jesus Fucking Christ. I really wish I never read that article because it just pisses me off to no end. How I wish that guy lived in Texas.

Even in Texas I doubt he'd be able to storm in now and 'cap' 15 students.

That state is not to 'brainy' though, fuck they outlawed HELOCS because their citizens can't manage their own money.

 

[zinfamous]

Yeah, that shit about Randy Quaid blew my mind. The funny part is that he went willingly, but his wife put up a fight!

what? You mean the same guy that shoved a nuke up ET's Ass?

 

[Genx87]

I think the most disgusting thing is the entitlement attitude of these deadbeats. I'd light the place on fire when they are sleeping.