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Home-owners in Walthamstow take squatters case to court

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)

driftingcowboy says...
10:19am Thu 19 Jan 12

Its an absolute scandal and what makes it worse is the 'officialdom' - the council, the police and social services are showing no urgency in working together to see if any existing legislation could be relevant or to bring in emergency legislation. This problem is going to get worse.

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.

mdj says...
11:35am Thu 19 Jan 12

'..a heavily pregnant woman who claimed to have a tenancy agreement. '

Well, this agreement, if a piece of paper even exists - which the police can rapidly establish - can only claim plausibly to be with Mr & Mrs Mason, or her deceased mother: since Mrs Mason can rapidly disprove this, the police have evidence of conspiracy to defraud, as well as adverse possession. What are they waiting for?

Dave mp says...
11:48am Thu 19 Jan 12

What i don't understand is why, if the owners have been paying for the electric, can't they cancel it?
Sign the petition.
It won't be long before people who have been occupied take the law into their own hands and people get hurt. Maybe then the police and others act?

James St James says...
12:42pm Thu 19 Jan 12

Dave, above, makes a good point. While most people unlucky enough to find themselves in this situation will abide by the law and go through the courts, sooner or later these squatters are going to pick the wrong house and someone is going to get seriously hurt or even killed.

That the authorities' response is so utterly pathetic just fuels the sense of exasperation and helplessness that ordinary people feel about this situation.

The police seem pretty keen to evict people living in tents outside St Pauls, but rather less energetic about protecting ordinary people's property.

fabster says...
1:43pm Thu 19 Jan 12

This can't be Newport Road, you have the street name wrong.

Grolly says...
4:52pm Thu 19 Jan 12

What a load of cobblers ..... if we go out for the afternoon can we expect these jobless useless scavengers to break in and take over? This Squatters Rights crap has been around for around 40 years at least, when are the government going to find their balls and stick up for us so called UK citizens !!!!!

Sam Hain says...
5:49pm Thu 19 Jan 12

One can't help thinking that if the police office were 'squatted' they'd be ejected quick-smart!

AvidLondonReader says...
8:24am Fri 20 Jan 12

A phone call then a follow up letter to the utility companies advising them you are no longer paying the bill and that it should be disconnected will prevent them having to pay any further. What I would do is go round everynight, on the hour every hour and knock at the door really loudly so they too don't get any sleep. That's definitely not illegal.

Walthamster says...
8:43am Fri 20 Jan 12

Chief inspector Richard Munn says "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."

OK. This looks like a crime to me.

Could chief inspector Munn please explain why he considers it isn't?

myopinioncounts says...
9:56am Fri 20 Jan 12

On the "candle starts house fire: item I asked why this case had not been reported in this paper. Stow Cat replied "Probably cos it isn't true! OK, so there are some squatters in vacant properties but the stories in the Daily Mail rarely have any basis in fact..." DON'T YOU FEEL PRETTY STUPID NOW STOW CAT?

Walthamster says...
12:54pm Fri 20 Jan 12

I'm still asking: how is this not a crime?

Janice and Dave, stop paying all the bills right now and let the suppliers know the house is illegally occupied.

tjw422 says...
5:06pm Fri 20 Jan 12

No, no, no. Get as many of your friends, relatives and neighbours to 'break into' your OWN house, for which you cannot be accused of any illegal act. Gently remove all squatters onto the pavement, and reclaim your property. How the police can continue to state that breaking into a property is not a criminal offence is ridiculous. If a burglar breaks into a property, it IS a criminal offence, and those caught go to prison.

Spoons1972 says...
5:28pm Fri 20 Jan 12

I'm not in any way saying what this family is doing is ok, but seeing as the property was not occupied (the tenants had moved out and the property was being sold) then unfortunately this is a civil matter. I cannot fathom why the owners are paying for utilities though, normal squatters wouldn't expect that.
http://www.squatter.
org.uk/notes4squat/e
nglish.htm

Sam Hain says...
5:32pm Fri 20 Jan 12

Yes, tjw422, even allowing for some of the idiocies of English law it's hard to imagine that one could be convicted of breaking into one's own home! Doubtless the illegal occupants would plead their human rights, especially if they were manhandled but I think the law allows for the use of reasonable force against intruders into one's home. The course of action you suggest could make for a very interesting and landmark test case.

tjw422 says...
5:59pm Fri 20 Jan 12

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?

Spoons1972 says...
8:17pm Fri 20 Jan 12

tjw422 wrote:
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?
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.

tjw422 says...
10:40pm Fri 20 Jan 12

SPOONS 1972. Seems like you should get a job within the misguided 'human rights' arena. The only problem you should seriously think about is what about the human rights of honest, tax-paying, life-long mixed-raced working people of England who have continually tried and worked towards making this country worth living in, in an honest and moral way? Locally we have a very multi-cultural, mixed race, mixed religion, mixed gender, et al, etc and do no not need human right type intrusive break-in ars****s who have done nothing or inputted into ANY community. They have input nothing into our communities or our honest lifestyles. I don't apologise for **** as I've worked and paid taxes and NIC for 49 years. OAP and angry

Spoons1972 says...
11:09pm Fri 20 Jan 12

tjw422 Perhaps you should start reading what people actually write. I was merely answering the questions posed here by readers who questioned why the police do not see this as a criminal matter. I have not expressed my opinion other than to say that I do not think what this family has done is right.

SpursSupporter1 says...
12:34am Sat 21 Jan 12

We might not like the law as it stands but under Civil law squatters have rights and the police are powerless too act and until the government change the law then this will continue simple theres no point in each other having a go the law is the law end of yeah we not agree with it nut thats the way it is

AvidLondonReader says...
8:23am Sat 21 Jan 12

Just a thought. What if I were to break in there and claim squatters rights. Those in there right now surely wouldn't have a case against me as they are not there legally anyway....or? The law is too complicated in this matter.

Sam Hain says...
12:28pm Sat 21 Jan 12

Interestingly Holland, which is often seen as a laid back and liberal country, banned squatting in 2010. I'm all in favour of a similar ban here but the law also needs to be tightened up and enforced on residential premises that stay empty for no good reason and for a prolonged period. Empty Dwelling Management Orders (EDMOs) were brought in by the previous government allowing local authorities to acquire property left empty for over six months but only a handful has ever been enforced. Why?

Dave mp says...
12:46pm Sat 21 Jan 12

Just A Thought: What if a burglar was in your home and got caught. Could he then say he was a squatter and be left alone without charge?

pan says...
1:43pm Sat 21 Jan 12

I personally would not have bothered waiting to be let down by the Police force and just dealt with this myself. My property is my property and I have the right to decide who is or is not welcome or justified to be there.
As the owners they are entitled to instruct maintenance works to go ahead and these people can not prevent you from entering the property to carry out maintenance !!!!!.

JuliaM says...
7:54am Sun 22 Jan 12

We all know just why the police are too scared to act.

babilious says...
10:08am Sun 22 Jan 12

I can't believe that yet again another case of squatters. Surely breaking into a house is a criminal offence.. Break back in with a group of friends and have a party, gently evicted the squatters one by one. I think most of walthamstonians would like to see that. Imagine the cheers

Dave mp says...
10:18am Sun 22 Jan 12

Count me in, babilious, if the police can't be bothered, its time for the community to look after itself.

Sam Hain says...
1:25pm Sun 22 Jan 12

JuliaM wrote:
We all know just why the police are too scared to act.
Er, not necessarily, JuliaM, would you care to expand?

pencilpusher says...
4:22pm Sun 22 Jan 12

that's what's so backward about this country. If you break in to my car and squat you can be arrested, if you break in to my house and squat you cannot be arrested.

Dave mp says...
4:23pm Sun 22 Jan 12

Welcome to the wonderful UK pencilpusher.

ribena says...
9:11pm Sun 22 Jan 12

If this happened to me I wouldn't bother calling to cops they are hopeless.it's quite simple if someone breaks into your home they have commiited an offence. We are stupid in this country. I would use force. What a cheek. This country is finished by the dregs we have let in. These animals will end up with a nice council place and all the benefits .

pan says...
7:08am Mon 23 Jan 12

Surely these people fall into the category of being "Protected intending occupiers"?
This is covered by criminal law and the Police must act

http://www.legislati
on.gov.uk/ukpga/1977
/45/section/12A

G_Whiz says...
10:16am Mon 23 Jan 12

One day the police will learn what the word investigate means. They must be confusing it with the word ' feet up in the cafe'

They have not even bothered to arrest the obvious squatter 'under Suspicion' of:

1. Breaking and entering.

2. criminal damage

3. Fake documents

4. Theft of Electricity, Gas etc.

I'm embarrassed for them and their lack of spine, desire and public service. - no wonder people are losing respect for the uniform..........

Walthamster says...
11:29am Mon 23 Jan 12

A house in Newport Road was squatted on 19 December, and I haven't heard that police have got the squatters out yet. It was definitely a break-in and therefore illegal.

I think these home invasions must be organised by a central group, as they all have the same technique, including fake documents.

Why aren't police trying to find the organisers? Or is it pointless because there's never any penalty?

http://www.guardian-
series.co.uk/news/wf
news/9451830.WALTHAM
STOW__Police__will_a
ct__on_home_invasion
/

Chris15 says...
6:33pm Tue 24 Jan 12

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

Chris15 says...
6:35pm Tue 24 Jan 12

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

Chris15 says...
6:35pm Tue 24 Jan 12

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

Chris15 says...
6:39pm Tue 24 Jan 12

Chris15 wrote:
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
Sorry about this being in triplicate

tlogic says...
8:10pm Wed 25 Jan 12

similar thing happened to me a few years back, my property was empty for a few days until my new tenants moved in, when I went back to the house on the day they were suppose to move in some squatters got in there first. Reported it to the police they said the same thing it's a civil matter and I need to go through the courts. so a day later went round to the house 2 '0' clock in the morning with a few friends and physically chucked them out. You have to take the law into your own hands now and again to get somewhere , I don't care what anyone says

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