From 1st September, squatting in residential buildings has become a criminal offence in England and Wales. The offence is punishable by a maximum of six months in prison, a fine of up to £5,000 fine, or both.

Justice Minister Crispin Blunt said, “For too long squatters have had the justice system on the run and have caused homeowners untold misery in eviction, repair and clean-up costs. Not any more. Hard working homeowners need and deserve a justice system where their rights come first – this new offence all ensure the police and other agencies can take quick and decisive action to deal with the misery of squatting.”

Writing in the Guardian, Joseph Blake, a campaigner and press officer with SQUASH (Squatters Action for Secure Homes) called the law “massively unjust”.  ”Up to 50,000 squatters who are currently squatting in empty properties across the UK face becoming criminals,” Blake says.

RentFair welcomes the new law.   The new offence was also welcomed by the National Landlords Association.  Curiously, however, the NLA criticised the fact that the police have to determine “reasonable suspicion” that an offence has been committed before they can act to remove the squatters.  It would, we suggest, be of great concern if the police could forcibly remove people without reasonable suspicion that they were doing anything illegal and this safeguard must remain.

The offence applies to all residential buildings, so is available to people who own residential buildings they do not themselves live in, such as landlords.

 

Tenant LeavingIt’s a common problem: you let your property, perhaps to move in with a partner, and sign your tenant up to a 12 month contract. But then after a couple of months, things aren’t working out with your partner and you want your place back. What do you do?

You’d be surprised how often we are asked this question. Assuming you’ve signed an assured shorthold tenancy – as will almost always be the case – your rights are as follows. First, check to see whether you have a break clause in your contract. If so, this will allow either party to end the contract early, usually after 6 months. RentFair always recommends inserting a break clause into contracts of 12 months or more and our tenancy agreement contains just such a clause. You can download one free here. If you don’t have a break clause then you don’t have any legal right to end the tenancy early. However, it may be possible to do so by reaching an agreement with the tenant.

The lease is simply an agreement between landlord and tenant and it is possible to vary or end that agreement if both sides agree.   So why would a tenant want to leave their home early if they don’t have to?  True, but you don’t know until you ask.  It could be that the tenant was himself/herself hoping to end the lease early, but worried that there was no legal right to do so.  Perhaps they are struggling with the rent, perhaps the commute is further than they thought.  You have nothing to lose by approaching them.

Even if the tenant is perfectly happy to stay put, they might be willing to leave early if they are offered an incentive.  Overlooking that stain on the carpet, or the cigarette burns in your sofa perhaps?  Or half a month rent free if they will quit early.  We find that most people are open to negotiation if you treat them with respect and explain your situation openly and honestly.  Let us know how you get on.

 

© 2011 RentFair Blog Suffusion theme by Sayontan Sinha
Real Estate