'Squatters aren't criminals and can be GOOD for society': Judge orders council to publish list of empty homes in its area



Camden Council told to hand addresses to squatter website that advises people on how to occupy homes

Judge dismissed claim that squatting victims suffer high costs as a result of occupation



Squatters should be encouraged because they bring empty homes back into use, a judge said yesterday.

Fiona Henderson ruled they were not criminals and there was no evidence they carried out more anti-social behaviour than rent-paying tenants.

Her judgment is a blow to the thousands every year who see their homes invaded – and struggle through the courts to win them back.

Trashed: Julia High fell victim to squatters when she went on holiday, returning to find a family of gypsies in her home in Leytonstone, east London, who invited her in for a glass of her own wine

Yet the judge dismissed claims that squatting victims faced high costs and that those occupying council or housing association properties were queue jumpers.

She ordered a list of empty homes in North London to be made public to the Advisory Service for Squatters, an East London-based organisation known as the ‘estate agency for squatters’.



The group, run by Yiannis Voyias, publishes details of empty homes and a handbook showing how to take full advantage of housing laws.

It came as a surgeon and his wife begged squatters to leave their new London home amid fears the stress could complicate the birth of their first child, who is due tomorrow,

Blocked: Oliver and Kaltun Cockerell were due to move into a house in West Hampstead, London, when a group of 11 squatters took over. The legal move by the tribunal judge gives even more opportunities to squatters

Oliver and Kaltun Cockerell were due to move into the house in West Hampstead when the group of 11 squatters took over.

The couple offered them £500 to move out but they demanded more. The couple will go to court today seeking an eviction order.

It also followed the trashing of Julia High's home when she went on holiday, returning to find a family of gypsies in her home in Leytonstone, east London



Judge Henderson’s ruling that squatting is a good thing and not a crime comes as Justice Secretary Ken Clarke considers laws that would finally make squatting a criminal offence.

Proposals include prison sentences for persistent squatters such as Mr Voyias and the repeal of ‘squatters’ rights’ rules that prevent owners using force to take back their properties.

A list of empty state-owned properties and private homes owned by companies or trusts rather than individuals in Camden must be provided to the Advisory Service under Judge Henderson’s ruling at the Information Rights Tribunal.



Blighted communities: Police believe there is a link between squatting and crimes such as vandalism, crack houses and threatening behaviour

Judge Henderson heard evidence from Camden Council that almost all squatting involves criminal damage, that squatters jump the queue for scarce public housing and that police link squatting with vandalism, drugs and threatening behaviour.

The council’s lawyers argued that disclosing the addresses to Mr Voyias under Freedom of Information law would compromise efforts to prevent and detect crime.

But Judge Henderson said: ‘Squatting is not a crime.’

She said the release of the list could have ‘a negative impact’ on crime prevention and might be of use to organised criminals looking to burgle and gut empty homes.

But the judge said: ‘The tribunal does not consider that any perceived social disadvantage of living next door to squatters, or the costs of eviction of squatters, are matters that the tribunal is entitled to take into consideration since squatting is not illegal.’

No social disadvantage: There is a lack of evidence proving that squatters were the source of more anti-social behaviour than rent-paying tenants

She added that, although the list would be of use to professional squatters, its disclosure was unlikely to increase the drink or drug-fuelled opportunistic crime associated with empty properties.

Judge Henderson said that if squatters were able to jump the queue for housing, this would have no bearing on the prevention of crime.

She added: ‘There is evidence of some buildings remaining void for many years while planning and funding issues are resolved.

‘The Tribunal is satisfied that publication of this list would bring a proportion of the void properties back into use earlier than would otherwise be the case and that, consequently, this is a strong public interest in favour of disclosure.’

Judge Henderson said she accepted that disclosure of the list would ‘facilitate squatting and associated crime’, that this would cost public money to prevent and that ‘the feeling of security of people living in neighbouring houses’ would be undermined.

Meanwhile, more e mpty homes are to be taken over by councils to tackle a national housing shortage.

The move will help the homeless and protect the green belt, according to Local Government Minister Bob Neill.

Mr Neill, a Tory, said he would step up the ‘empty dwelling management orders’ brought in by Labour in 2006.