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Squatting and the Law

By Roadjunky, Posted Nov 24, 2006

The following information is specific to England only. for _international information please see the international squatting_ resources.

Despite the introduction of the Criminal Justice Act, Squatting is still legal. Squatting means occupying empty property to live in and is a necessity for many. Squatters have the same basic rights as anyone else, and can not be evicted without the owners carrying out certain civil legal proceedings first.

At some point you will probably receive a summons to appear in court. Always turn up to fight your case, particularly if it is the new Interim Possession Order hearing, which could result in having only 24 hours to leave or face arrest. The owners are supposed to show that they have a right to the place and you don’t, and there are various ways of claiming that they haven’t proved it, haven’t gone through the procedures properly etc. Call ASS for advice as soon as possible. ASS have many years experience of getting adjournments or even tenancies, and a computer with all the arguments on.

P.I.O.s

P.I.O. stands for PROTECTED INTENDING OCCUPIER (Sec. 7 of the 1977 Criminal Law Act), someone who has a right to live in the premises and requires the premises to live in, and has the necessary certificate or statement. They can get you out without going to court.

A genuine P.I.O. is either a tenant or freehold owner of the premises.A tenant of a Council or Housing Association must have a certificate proving their status. A freehold owner, or tenant of a private landlord must have a statement signed before a justice of the peace or commissioner for oaths. All PIOs must be able to move in straight away.

A P.I.O. does not automatically mean that you will be evicted. There are various legal defences and arguments that can be used against P.I.O. proceedings.


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