Squatters
Squatting in residential buildings is a criminal offence.1s144 Legal Aid, Sentencing and Punishment of Offenders Act 2012 Suppliers are entitled to refuse to supply fuel to anyone committing an offence. Furthermore, an arrangement of a supply by a trespasser might be taken as evidence that an offence under the Act is being committed by demonstrating an intention to live in the building. However, the offence is only committed where a person is deemed to be ‘living’ in the residential building and does not affect squatted premises which involve non-residential activities – eg, where a residential building is used other than for living purposes such as storage, commercial purposes or cultural purposes such as exhibitions. Nor does it apply to occupancy of non-domestic dwellings such as former shops or pubs.
The legislation considers ‘living’ as meaning residing for any period of time, but much will depend upon how courts approach cases on their facts, as living at an address is not simply determined by the amount of time spent at a property.2R (on the application of Williams) v HorshamDC [2004] EWCA 39 J; Frost (Inspector of Taxes) v Feltham (1981) 1 WLR The precise scope of law has yet to be clarified on such matters as temporary occupation in cases where a person may have a settled home elsewhere or cases of mistake.
There may be other situations where a supply is possible without involving a person living in the building – eg, where a trespasser occupies a garden or yard or is living in a non-domestic part of a building such as a garage.
People who had a temporary previous lease or licence are specifically excluded from the offence of squatting3s144(2) Legal Aid, Sentencing and Punishment of Offenders Act 2012; R (on the application of Best) v Chief Land Registrar (Secretary of State for Justice, interested party) [2014] EWHC 1370 and remain entitled to a fuel supply. If an electricity or gas supply is disconnected without lawful authority while a temporary resident or lawful occupier is in place, either by a landlord or energy supplier, an injunction may be sought to restore the supply (see Chapter 14).