Squatting is usually best avoided. It is not 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. If you are currently living in a squat you are legally classed as homeless and may be entitled to help from the council.
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.
It is illegal for the landlord to force her/his way back into the property while there is someone inside.
Using utilities such as gas, electricity and water without contacting the suppliers is illegal.
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. 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.
There may be a local squatters' group in your area who can advise you. It's usually safer to squat through an organised group rather than on your own. The Advisory Service for Squatters has more information.
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.
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.
Applying as homeless
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 most asylum seekers and some other categories of people who have lived abroad are not), and
- in priority need (only some homeless people get priority for accommodation).
Use our free online assessment to find out what sort of help you might get if you apply as homeless.
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 can't or won't help.
