Squaring up to squatters
Question
The flats next door to my house have been taken over by squatters. They were evicted once but the landlord failed to secure the property and they moved back in the next day. They play loud music late at night to deliberately annoy the whole street (their speakers are hanging out of the first floor windows), they've moved most of the flat's furnishings into the yard where it is getting soaked, and caused damage to the property. We can't sleep for the noise, and are afraid to leave our house for any length of time in case the squatters break in.
We have pressured the letting agent to be more proactive but he has been no help at all, and is evasive when we ask if he has involved the police. We have contacted the police ourselves about the situation, but no progress has been made. I was under the impression that this would constitute a criminal offence, but nothing has changed. What should we do?
Answer
It must be very distressing to live next door to people like this. However, there are a number of ways you can deal with the situation.
Firstly, it's important to call the police if it seems that a criminal offence has been committed. This includes acts like breach of peace or assault. Calling the police could make the squatters realise that their behaviour is unreasonable, although from the situation you have described this is doubtful.
Although you've already called the police and feel that no progress has been made, it may be that they are making enquiries into the case that you are unaware of. Even so, if you're unhappy with the way they've dealt with the situation you could make a complaint.
You could also threaten to take your own court action against the squatters. A letter from a solicitor may be enough to stop the behaviour without you actually having to take it any further. If you do wish to pursue it further, you could lodge a civil suit against them for nuisance, damages and trespass. You may be able to take court action against the landlord or his agent for failing to do more to solve the situation, but you will need expert legal advice if you want to pursue this.
The downside to taking action like this is that it can be expensive if you're not entitled to help with legal costs, so you may want to get further legal advice before you take this step. Some solicitors will offer the first interview free, so it might be worth checking in the phone book for firms that offer this service. Community Legal Advice offers information on where to get local legal advice. If you would like support with approaching the people next door, you could also look for a local advice agency to help you do this.
If you're planning to take court action, or even if you just want to show the squatters that their behaviour is unreasonable, you may need to start keeping a record of incidents. This could be in the form of keeping a diary of their behaviour, a log of police call-outs and photographs or video evidence. It may also be useful to find out if there are any other neighbours, friends or family who have been witnesses to incidents, and would be prepared to write a statement to this effect.
You could also contact the environmental health department of your local council, which has the power to deal with noise problems. Some councils have an out-of-hours service, meaning that they can respond to disturbances at short notice during evenings and weekends. An environmental health officer may visit you to monitor the noise.
If the problem is serious enough the council may take action to stop the people from making noise. For example, the council may send a formal notice asking the noise to stop by a certain date. In extreme cases the council might be able to take them to court.
If the people next door harass you as a result of you asking them to reduce the noise then they may be committing a crime. Remember, you should contact the police if:
- You are threatened with violence;
- You are experiencing racial harassment;
- Your property is damaged.
The police have powers to take action against people who are guilty of harassment. Even if the police can't help, it's worth reporting incidents to them so that there is evidence in case it is needed later.
Updated: 22/09/2008
Question answered by Shelter
