We are legal academics, solicitors and barristers who practise in housing law acting for landlords, tenants, owners and occupiers. We are concerned that a significant number of recent media reports have stated that squatters who refuse to leave someone's home are not committing a criminal offence and that a change in the law – such as that proposed by the government – is needed to rectify this situation. This is legally incorrect, as the guidance published by the Department for Communities and Local Government in March this year makes clear. We are concerned that such repeated inaccurate reporting of this issue has created fear for homeowners, confusion for the police and ill informed debate among both the public and politicians on reforming the law.

Further, various MPs and ministers have given statements to the press that are misleading. For example, Housing minister Grant Shapps told the World Tonight, on the issue of people's homes being squatted, that "the police don't act because the law does not support the police acting". Similarly, Conservative MP Mike Weatherley, who has campaigned in support of the proposed change in the law, was quoted in the Daily Mail as saying that for someone finding squatters in their "home" the situation is that: "If those squatters claim that they did not break into your property – though they almost certainly will have done – you have no powers to throw them out". Where the property is someone's home, these statements are quite simply wrong.

By making misleading statements and failing to challenge inaccurate reporting, ministers have furthered the myths being peddled around squatting.

We want it to be clear that it is already a criminal offence for a squatter to occupy someone's home, or a home that a person intends to occupy, under the Criminal Law Act 1977. A homeowner will be a displaced residential occupier, or if they are intending to move into the property, a protected intended occupier. In either case, it is a criminal offence for a squatter to remain in the property as soon as they have been told of the displaced occupier or a protected occupier. The police can arrest any trespasser who does not leave. The displaced or protected occupier can use force to enter the property and reasonable force to remove the trespassers.

Thus it seems that recent high-profile cases, such as those of Dr Oliver Cockerell and his wife, or of Julia High, could and should have been dealt with under existing criminal law. If they were not, it is likely that this was due to a lack of understanding of the law on the part of the homeowners or the police, who apparently considered these to be civil law matters.

Unfortunately, government ministers like Mr Shapps and Crispin Blunt have not taken the opportunity to make people's existing remedies clear when giving interviews or quotes for such prominent articles. For example, in a front-page article in the London Evening Standard, Grant Shapps was quoted as saying that the case of the Cockerells showed the need to speed up the timetable for the introduction of the new proposals into law. However, the new proposals would make very little or no practical difference to a case such as the Cockerells', if the current law was actually used. Instead of clarifying the scope of the law, statements by ministers have at times obscured it.

Squatting of vacant property that is not a home is not a criminal offence. The person with a right to the property who wants to recover possession should go to the civil courts for a possession order to protect their position. However, they can apply for an interim possession order, which typically takes a few days. Once the interim order is made and served, the squatters must leave within 24 hours or commit a criminal offence. The current law therefore provides a range of options for immediate or rapid possession for those with trespassers in their homes and those seeking to regain possession of vacant property. But newspaper articles have frequently misrepresented this, stating that homeowners face weeks of civil proceedings to regain their homes and that the trespassers have "squatter's rights" in occupying a home.

We are very concerned that a proper debate over the value and effect of the new proposals to further criminalise occupation of buildings is threatened by widespread distortions of the current law. As the proposals would have far reaching consequences for many vulnerable people, there is a need for informed factual discussion rather than a response based on sensationalist misrepresentation. We believe that ministers should make clear the extent of the current law and the actual nature of the proposed reforms and correct any statements they have made which are likely to have confused the public. We further believe that newspapers and other media have a duty to inform their readers, rather than create fear and confusion through misrepresentation.

Andrew Arden QC Arden Chambers

Justin Bates Vice-chair executive committee, Housing Law Practitioners Association

Yinka Adedeji 1 Pump Court Chambers

James B. Allie Spence & Horne Solicitors

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