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9:31am Thursday 19th January 2012 in News By Sarah May Hayes
A COUPLE face a decisive court hearing in their battle to evict squatters who invaded their home after police admitted they are powerless to act.
Janice Mason, 49, and husband Dave, 48, were about to exchange contracts to sell her late mother’s home in Manor Road, Walthamstow, when the property was broken into and taken over by a large family last month.
After being alerted by a neighbour the couple went to the house, only to discover a heavily pregnant woman who claimed to have a tenancy agreement.
Police then told the Masons they could not act as squatting is a civil matter and it was up to the owners to resolve the situation through the courts.
The Masons are now trying to obtain a court notice ordering the occupiers to leave and hope to get a decision on February 3.
But they have been informed by their solicitor that they could face a long and expensive legal battle to evict the squatters.
Mrs Mason said: “We are going through hell at the moment. We’re not eating, we’re not sleeping properly.
“I have had to inform my buyer that the house is now occupied by squatters and we cannot sell it to her. The salt in the wound is that I even have to pay for the electricity they use while they are in there.”
Mr Mason said: “I have paid my taxes all my life and abided by the law. But when something like this happens, the law is against me. To find out that it is happening more and more is really scary. It’s an awful position to be in.”
Mrs Mason has started an online petition calling for a change in the law to criminalise squatting and has written to Prime Minister David Cameron about their plight.
“The police are powerless and that is what is winding everyone up. The main thing I want to do is change the law and make it a crime,” she said.
Waltham Forest Police recently defended its record on dealing with the issue, which has seen a number of homes taken over in the borough, including houses in nearby Newport Road and one in Leytonstone.
Chief inspector Richard Munn said: “It's important the public know that if it's clear a crime has taken place, where we're empowered to act by law then we will.
“The difficulty is for the public to understand the complexities of the legislation in these cases and the issues around civil and criminal law. Each case has to be looked at on its merits. I'm confident we're doing everything we are empowered to do under law.”
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Comments(38)
mdj
says...
11:35am Thu 19 Jan 12
Dave mp
says...
11:48am Thu 19 Jan 12
James St James
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12:42pm Thu 19 Jan 12
fabster
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1:43pm Thu 19 Jan 12
Grolly
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4:52pm Thu 19 Jan 12
Sam Hain
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5:49pm Thu 19 Jan 12
AvidLondonReader
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8:24am Fri 20 Jan 12
Walthamster
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8:43am Fri 20 Jan 12
myopinioncounts
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9:56am Fri 20 Jan 12
Walthamster
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12:54pm Fri 20 Jan 12
tjw422
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5:06pm Fri 20 Jan 12
Spoons1972
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5:28pm Fri 20 Jan 12
Sam Hain
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5:32pm Fri 20 Jan 12
tjw422
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5:59pm Fri 20 Jan 12
Spoons1972
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8:17pm Fri 20 Jan 12
tjw422 wrote:I refer you to my opening 13 words, I wrote them for a reason, I'm merely commenting on the legal position which explains why the police are powerless in this situation.
What on earth are you on 'spoons 1972' ? Just because a property is temporarily empty does not mean it is morally right to break into that property whose owners have probably worked long and hard, paying their way throughout their lives to own that property. What would you do in similar circumstances if it was going to cost YOU thousands of pounds to evict them, and repair the damage that these ******* are reported to always do?
tjw422
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10:40pm Fri 20 Jan 12
Spoons1972
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11:09pm Fri 20 Jan 12
SpursSupporter1
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12:34am Sat 21 Jan 12
AvidLondonReader
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8:23am Sat 21 Jan 12
Sam Hain
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12:28pm Sat 21 Jan 12
Dave mp
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12:46pm Sat 21 Jan 12
pan
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1:43pm Sat 21 Jan 12
JuliaM
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7:54am Sun 22 Jan 12
babilious
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10:08am Sun 22 Jan 12
Dave mp
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10:18am Sun 22 Jan 12
Sam Hain
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1:25pm Sun 22 Jan 12
JuliaM wrote:Er, not necessarily, JuliaM, would you care to expand?
We all know just why the police are too scared to act.
pencilpusher
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4:22pm Sun 22 Jan 12
Dave mp
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4:23pm Sun 22 Jan 12
ribena
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9:11pm Sun 22 Jan 12
pan
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7:08am Mon 23 Jan 12
G_Whiz
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10:16am Mon 23 Jan 12
Walthamster
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11:29am Mon 23 Jan 12
Chris15
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6:33pm Tue 24 Jan 12
Chris15
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6:35pm Tue 24 Jan 12
Chris15
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6:35pm Tue 24 Jan 12
Chris15
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6:39pm Tue 24 Jan 12
Chris15 wrote:Sorry about this being in triplicate
If this couple has house and/or contents insurance for this squatted house (in their own name or in the name of the deceased mother) have they notified the relevant insurance company? Any insurance company would be very keen to take whatever action it could to protect its interest in the property. Unfortunately it would be just as keen to look for any ground on which the policy had been invalidated e.g locks were not reasonably secure or the house had been left empty for long periods
tlogic
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8:10pm Wed 25 Jan 12
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driftingcowboy says...
10:19am Thu 19 Jan 12
Could the owners turn off the power and utilities as a short term measure? The 'tenants' would surely then have to produce evidence to the utility companies as to who had given them a 'contract'!
Also, can't the council get involved and check who's paying the council tax and what other social services are these people receiving?
Let's get those 100000 signatures quickly but in the meantime lets lobby our wonderful council to do something useful about the situation.