Make sure you lock up

[Vladd67]

Family locked out of ‘dream home’ by squatters | News
I have never understood cases like this, council houses that have been boarded up yes I can see the case there but a private residence? What ever happened to laws of trespass?

[The Judge]

With few exceptions, the law of trespass is part of the civil, not criminal, law. That means it's up to the aggrieved party to take action to recover his property, which is what appears to be happening. My understanding was that there were fast track procedures for the eviction of squatters in residential property, but I couldn't give chapter and verse for it.

J

[Vladd67]

I just can't understand how someone can take over your house and all the police say is not our problem.

[Omphalos]

They presented a document that obviously appeared to be legit. The police are unable to do anything now, but once this gets sorted out in the courts, they may be charged with presenting false documents and lying to the cops.

This kind of thing happens frequently in CA. Someone gets their house foreclosed upon and the bank puts the place up for sale, or sits on it if they think the market will be getting better in the future. Then a shady real-estate agent finds out about the foreclosure, and advertises the place for rent and gets a family in there. Because the housing market was for so long stagnant, often nobody came by to look at the place. Eventually though someone buys it, sometimes sight unseen because the price is so low and they stupidly think "how bad could it be?". Then they go to move in and find some tenants. The tenants can say that they are good faith renters because it was the agent that was just trying to make a buck illegally, and they believed him when he said he was the owner. Usually they just move out and find someplace else. In Sacramento a few times recently though the renters and agents have been in cahoots, and they all go to jail.

But imagine the cops confusion when they are asked to decide whether a valid looking rental contract or a valid looking deed is the latest document in title history of the property. He doesn't know. The deed could be falsified, or it could be that the owner sold the property in the time since he bought it. Or it could be that an owner is just trying to avoid the eviction laws and wants a tenant out that day. Or the tenant could be up to no good. They can't make that call from the sidewalk. That's for a judge to decide.

[Clansman]

Very strange indeed. In Ontario, Canada, the Court would follow the principle that, (if the story as related is indeed correct) whether or not the squatters thought they were renting is irrelevant, as the person who rented to them clearly did not have any right to do so, and therefore the alleged lease is a nullity, nunc pro tunc. However, it will take time to actually get heard.
Most likely, there is no "black man", and the document is simply a fake. The squatters likely saw an opportunity and took it.

And tenants in Ontario cannot change the locks, ever. It is illegal.

[skeptical]

Here in New Zealand, if someone is trespassing, you have to warn them first. If they fail to leave after fair warning, the owner has the legal right to use 'reasonable force' to evict them. The trespassers do not have the right to fight back as long as the force is minimal.

I suspect that the British law is similar. What I would probably do in their situation is issue a written demand the squatters leave, and give them, say 48 hours to depart. If they do not, then hire the local rugby team or Hells Angels as bouncers, with clear instructions that no excess force is to be used, except if needed to defend themselves. The bouncers then break down the doors and gently, but firmly evict the squatters, and throw their possessions out after them. If the squatters feel they have been hard done by, then it is now their burden to seek legal redress. As long as minimal force is used, they will not succeed.

Since I have had some experience with the kind of low life scumbags who become squatters, I would strongly suspect they will not go anywhere near the police or any lawyer. Instead, they will move on and find some other poor home owner and take over his house instead.

[drush9999]

If that had been me, I would have drilled out the lock with a few mates and thrown their stuff out on the street. After all it's only a "civil" matter

[Moonbat]

Its alright they have left the house now, the courts evicted them after neerly two weeks. The story is amazing though. All of this information is from the Daily Mail online (so dubious at best)
They rented the house from a man that met them in a local McDonalds and said all business should be done in that McDonalds
They paid about £2000 in rent, deposit and security, they asked the real owners to pay it back to them!
They refused council help to house them
Two men from the house have been seen entering another house further down the street, an empty house with a estate agents sign outside.

They must have known that the man who rented them the house wasn't legit, the house was advertsied by a piece of paper stuck to the gate and the man onyl wanted to do business with them from McDonalds, that is pretty suspicious if you ask me.

I'm not even sure the man existed and they are not just using him as an excuse to portray themselves as victims. Apparantly they 'came to the uk for help, but what help is this as they are being made homeless'

It beggers belief when you have stories like this, and no doubt these squatters will not face any kind of legal action.

At least the Mosedales can get into thier new house, finally.

[drush9999]

BBC more reliable I think, good news for the homeowners

BBC News - Squatters evicted from family's Tottenham home

[Clansman]

I'd thought of your idea, skeptical, and that would also be the case in Canada. However, I believe the police in this case warned the owners against doing such a thing, or they'd face arrest.

[TheEndIsNigh]

Originally Posted by skeptical

Here in New Zealand, if someone is trespassing, you have to warn them first. If they fail to leave after fair warning, the owner has the legal right to use 'reasonable force' to evict them. The trespassers do not have the right to fight back as long as the force is minimal.

I suspect that the British law is similar. What I would probably do in their situation is issue a written demand the squatters leave, and give them, say 48 hours to depart. If they do not, then hire the local rugby team or Hells Angels as bouncers, with clear instructions that no excess force is to be used, except if needed to defend themselves. The bouncers then break down the doors and gently, but firmly evict the squatters, and throw their possessions out after them. If the squatters feel they have been hard done by, then it is now their burden to seek legal redress. As long as minimal force is used, they will not succeed.

Since I have had some experience with the kind of low life scumbags who become squatters, I would strongly suspect they will not go anywhere near the police or any lawyer. Instead, they will move on and find some other poor home owner and take over his house instead.

Not so. Such actions put the owner in the courts for assault and there are enough solicitors ready to pursue financial redress from the owner for compensation. The days of English castles are long gone.

[Peter Graham]

Originally Posted by Vladd67

I just can't understand how someone can take over your house and all the police say is not our problem.

Because unless trespass is for the purpose of committing a specified offence (damage, assualt or an unlawful sexual act), it isn't a criminal trespass. Generally, trespassers can't be prosecuted. The Old Bill therefore cannot get involved, any more than they can get involved if someone owes you money and is refusing to pay.

The good news is that the aggrieved homeowner does not have to resort to the courts if they do not wish to do so. An individual is entitled to use self-help to secure what is rightfully theirs. What this means is that you can trip down there with a couple of chums and change the locks. You can also physically remove them by using reasonable force, I believe. And you can chuck their stuff out on to the street, although you can't damage it (or them) in the process. I don't think you even have to give advance notice (you can give it on arrival), although many people do in the hope that the blighters take off before things have a chance to get nasty.

The way to ensure police presence is to ring the station, tell them what you are doing and say that you fear that the trespassers might resist, which in turn is likely to lead to a breach of the peace. The traps do have a duty to prevent breaches of the peace, so they will send a couple of their finest down to hang around and make sure that things don't get nasty.

If you are not the sort of person who wants to manhandle squatters off your premises, or you don't have access to a few brawny chums who can do it for you, you can engage the services of private, registered bailiff companies, who are usually only too happy to help. They will charge you, but can distrain goods to the value to pay their bill.

So despite what the Daily Mail might have written about this (I imagine some frothing, toilet-paper headline along the lines of "Broken Britain!!!!!! Twisted French Eurocrats grin maniacally as squatters are given rights to steal your house and probably fill it with illegal immigrants, godless single mothers and Taleban benefit cheats!"), in reality the individual can protect their rights without undue cost or time or danger to themselves.

Regards,

Peter

[mosaix]

Originally Posted by Peter Graham

"Broken Britain!!!!!! Twisted French Eurocrats grin maniacally as squatters are given rights to steal your house and probably fill it with illegal immigrants, godless single mothers and Taleban benefit cheats!")

Very good, Peter.

[Vladd67]

Its interesting to read the Romanian press reports about this, and their comments. The attitude there seems to be anger at gypsies constantly being called Romanian, also we get what we deserve giving them benefits, and some ideas for dealing with gypsies that makes the Mails comments section look tame.

[dustinzgirl]

See folks, this is why I live in Oregon.

We have a Castle Law. There is no duty to retreat.

That means, I can use deadly force and I am not legally required to allow you to come on my property nor am I legally required to retreat when you are on my property. Now I'm sure that's not what Jesus would do.