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Squatting to be criminalised… finally!

Squatting Petition

Handing over our petition to criminalise squatting

Regular readers will be aware of our campaign to criminalise squatting. In April, we presented our initial petition to 10 Downing Street calling for squatting to be criminalised.

Yesterday, the campaign took a big step forward, with the government committing to criminalise squatting as part of the new Justice Bill. It is great that everyone is now talking about squatting and seeing how it affects property owners. However, there is still a very long way to go.

Before any plans to fully criminalise squatting become an act of law, there will be consultations to discuss ideas about how squatting should be criminalised. Often, brazen proposals go through an undressing in these stages to try and get to a regime that stakeholders are satisfied with.

It is for this reason that it is so important to keep the pressure on decision makers in Westminster to ensure that squatting is criminalised in a way that is satisfactory to property owners – the ones who are the victims of squatting.

We don’t want any ridiculous law that overly burdens homeowners with red tape and administration when trying to get rid of squatters. What we do want is an efficient regime for law enforcement to evict squatters quickly and at minimal cost.

That is why we are keeping our Criminalise Squatting petition open until squatting is officially a criminal offence. If you have not signed the petition yet, please do so. And, encourage others to as well.

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SQUATTING: Campaign Update

The campaign to criminalise squatting has been gaining momentum.

Many landlords have signed the petition (although we still need more support). But, there have been encouraging signs.

An initial debate took place in Parliament on Wednesday (where our campaigning efforts were also mentioned). The Government are now considering full criminalisation of squatting and looking at ways to tackle the issues that are associated with it.

Of course, any proposals will go to a Public Consultation where their impact will be assessed. But, it is still an encouraging sign. It shows us that public pressure is working and decision makers in Westminster are paying attention.

There is still a long way to go. These changes will not happen overnight. It is paramount that we all continue in our endeavours to ensure that squatting is criminalised.

However, we still need more people to get behind our campaign. We will be presenting the petition to Downing Street next week. Please sign the petition here and spread the word.

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Campaign to Criminalise Squatting

We are calling on all homeowners to support a campaign to criminalise squatting.  An MP, Mr Mike Weatherley, has started a motion to make this happen.

You can help by supporting this campaign.

The background

Squatting is considered to be a civil matter. A squatter has only committed a criminal offence if they have broken into a property, or, caused any damage.

For homeowners, regaining possession of their property from squatters can be both expensive and stressful. Typically, it takes a couple of months to evict them properly.

Essentially, squatters consume services that they have not paid for. We feel that this is a violation of homeowner rights and feel that all types of squatting should be made a criminal offence.

Recently, we have seen examples of squatters banding together to find empty properties to squat in. The level of organisation that they now use to target properties is shocking. In one example, squatters made a Freedom of Information request to find out which Council properties were unoccupied.

This abuse must stop.

1. Support the campaign

Sign the petition, here
The petition will be presented to Downing Street on the 4th April 2011.

2. Write to your MP

Use the template below to write to your local MP, asking them to support the campaign. You can find out who your MP is and send them an email here.

—————————————————–
Dear [MP Name]

Please support Early Day Motion 1545, sponsored by Mike Weatherley MP (Hove & Portslade) and other MPs, to criminalise squatting.

http://www.parliament.uk/edm/2010-11/1545

Yours sincerely,

[Your full name]
—————————————————–

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A Housing Minister true to his word?

It looks like The Housing Minister, Grant Shapps, is acting on our petition. Well, he said he would and, just like all politicians, it looks like he’s true to his word.

He’s talking about giving landlords more power to evict problem tenants if they are guilty of anti-social behaviour. He wants it to become a mandatory ground for possession. Only, he seems to be saying that these powers will just be for Social Landlords.

If that’s so, we only ask one question: where are these anti-social, social tenants going to live after being evicted? Yes, there’s only one place it can be. The private rented sector.

We already see more and more anti-social tenants migrating to the private rented sector. We advise landlords to avoid being caught out by using good tenant referencing – ­ a message that Landlord Action has been hammering home for years.

We believe that Mr Shapps could just be shifting the problem, instead of solving it. Our private landlords think so too. If this new legislation is to happen, private landlords want the same powers as Social Landlords to remove these problem tenants.

And how does Mr Shapps think he’s going to prove anti-social behaviour? At the moment, landlords seeking possession based on anti-social behaviour (e.g. nuisance, disturbance) from their tenant must rely on evidence from neighbours. But many neighbours are afraid to give evidence for fear of reprisals.

Anti-social tenants aren’t just a problem for neighbours and social landlords; they are a problem for the whole community. Our take is simple:

ALL landlords (not just Social Landlords) need more powers to evict anti-social tenants. We are pleased that the Government is finally looking at practical solutions. If Mr Shapps can take the full picture into account, he could be on the right path.

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Mediation: In theory, great. Can it practically work?

In his latest blog, the Minister for Civil Justice (Mr Jonathan Djanogly) suggests that mediation as a method to ensure a fairer, faster and less costly system.

Any regime that could make dispute resolution fairer, faster and more efficient has got to be good. We’ve been helping desperate landlords since 1999. In our experience, if any system is going to work, it should take into account:

1. Efficiency
Currently, it is faster for landlords to pursue legal action against a tenant, as oppose to pursuing mediation. When a tenant is in rent arrears, mediation isn’t as attractive as removing your non-paying tenant.

2. Enforcement
Mediation is pointless unless the agreements made are binding and can be enforced. For a landlord, there would be nothing worse than mediating with a problem tenant only for the tenant to break the agreement.

This would require the landlord to start the legal process from the beginning, which will cost time (and possibly more lost rent). If mediation efforts fail, there should be a faster way of engaging the courts and pursuing legal action.

3. Fairness
There is a justified perception within the PRS that the landlord/tenant legal system is currently weighted in favour of the tenant. If any system is biased against one party, mediation is unlikely to be fair or successful.

Regular readers will know that in November’10, we presented a petition to Downing Street that was backed by 5,000 landlords calling for a fairer, faster and more efficient legal system for the PRS. It is encouraging to see that the Government are taking steps towards providing practical solutions.

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The day we nabbed the Housing Minister

The Chamber, by The RT Hon Grant Shapps MP

The Housing Minister, Grant Shapps MP, did a sketch that was auctioned in aid of the Willow Foundation.

We bought it because it’s for an excellent cause and because it’s a great piece of contemporary British art. We only hope it doesn’t encourage the talented minister to quit his day job. No more messing about in the studio when all our landlords need him on the case.

Lots of other celebs have drawn on their artistic skills in aid of the charity. The result was a fun and enlightening exhibition at the Catto Gallery in North London.

www.willowfoundation.org.uk

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Landlord Action win top award… Again

Winner. Paul Shamplina collects the Legal Services award


Last night, we won the top award for Legal Services at the Landlord & Letting Awards 2010. This is the second consecutive year where we have taken home this award.

We are absolutely thrilled to once again be the winner of the Legal Services Award at such a key industry event. This accolade really is testament to the hard work and commitment put in by everyone at Landlord Action over the last year.

We are passionate about the rights of landlords’ and the service we provide so being recognised for this is great encouragement to continue in our endeavours to support the private rented sector.

I am very proud of the Landlord Action team.

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Downing Street

Paul Shamplina, presenting the Landlord petition to Downing St. Picture: Alan Ward (RLA), Mike Weatherley MP, Paul Shamplina

Yesterday, we presented our Rebalancing The Law petition to Downing Street along with Mike Weatherley MP and Alan Ward, Chairman of the Residential Landlords Association.

Approximately 5,000 landlords have backed our campaign. Not only that but many key organisations within the private rented sector have also shown their support.

We now await an official response. Of course, we will keep you all up to date.

I’d like to personally thank all of the landlords and organisations who have supported the campaign so far. There is still a long way to go. However, if we can get the right people talking about the issues and seeing the situation from the landlord’s perspective, we will be making moves in the right direction.

As landlords, we are stronger together.

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