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squatters in our flat


Saila

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I'm not a legal-minded person but my own rational assessment of my situation is that someone's living in a flat that they don't own or belong in. the fact that they are illegal immigrants (or not) in my mind should be irrelevant?


it's a separate issue, but i'm grateful for your thoughts


surely - it's simple - illegal immigrant or not - if you sneak into someone's house when they're out you surely can't claim it to be your own?





louisiana Wrote:

-------------------------------------------------------

> Why not contact UKBA?

> http://www.ukba.homeoffice.gov.uk/contact/contacts

> page/191679/

> After all, there must be a strong suspicion that

> they are not entitled to be here, or that if they

> are entitled that they might have conditions

> attached to their stay that they might be in

> breach of (e.g. they are under a student visa but

> they are not studying).



EDIT TO SAY: that's what they did - they broke into our flat and claimed it as their OWN.

The police were called and they said it 'was a civil issue' i.e. nout they can do


This could happen to any of you reading now. nothing to do with race/politics - Just basic living.


edit 2x for poor spelling

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ultimately - however unjust or unfair something is, there are procedures you must follow. However tiresome those procedures are, you must respect them and abide by them.


It's exhausting, but if you have done no wrong, you will be fine


i'm shattered


night


x

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Saila Wrote:

-------------------------------------------------------

> I'm not a legal-minded person but my own rational

> assessment of my situation is that someone's

> living in a flat that they don't own or belong in.

> the fact that they are illegal immigrants (or not)

> in my mind should be irrelevant?

>

> it's a separate issue, but i'm grateful for your

>


Sure, it's a separate issue, and you need to go through due process for evicting squatters, but if they are basically taking the piss and making things worse than they need be, I would be tempted to pursue, simultaneously, other avenues available. If someone plays dirty, I tend to have the attitude 'all deals are off'.

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i absolutely understand your point. But if it's such a basic human right that's been wronged then why should you have to explore other avenues? surely our justice system is such that we don't need to resort to this?

it's a basic right?

surely?



louisiana Wrote:

-------------------------------------------------------

> Saila Wrote:

> --------------------------------------------------

> -----

> > I'm not a legal-minded person but my own

> rational

> > assessment of my situation is that someone's

> > living in a flat that they don't own or belong

> in.

> > the fact that they are illegal immigrants (or

> not)

> > in my mind should be irrelevant?

> >

> > it's a separate issue, but i'm grateful for

> your

> >

>

> Sure, it's a separate issue, and you need to go

> through due process for evicting squatters, but if

> they are basically taking the piss and making

> things worse than they need be, I would be tempted

> to pursue, simultaneously, other avenues

> available. If someone plays dirty, I tend to have

> the attitude 'all deals are off'.



edit to say - i can't spell and i'm too tired to do it myself. - sorry

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As non EU or Commonwealth migrants they would not have the same access to help with housing without valid immigration papers. They wouldn't have access to benefits either. So there is a good chance that if they are legally here, they are without any kind of income, or working in the black market. And they have nothing to lose. They know that the Police can do nothing (probably advised by other migrants who already know the system) until possession orders are in effect.
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There are different rules for different migrants. One of the most common myths perpetuated by people is that illegal immigrants get help wih social housing and benefits. They don't. And even those (non EU and Commonwealth migrants) that come here and apply for immigration status by the legal channels (after they arrive) don't get help until they have a stamped immigration visa (which then allows them to work) - and even then that is limited help.


Anyway that is completely off topic.

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>EDIT TO SAY: that's what they did - they broke into our flat and claimed it as their OWN.

>The police were called and they said it 'was a civil issue' i.e. nout they can do


Squatters will always claim that they have not broken in but used an open door, window or key. To break in would be an offence, as they're well aware. http://www.squatter.org.uk/index.php?option=com_content&task=view&id=10&Itemid=25


The problem is proving that it has taken place, and in getting the police to act. I don't know what they'd do even if there was persuasive evidence of criminal damage or forced entry by particular squatters. It would, in an ideal world, at least enable their arrest. Whether the police would then drag them out of the place without giving them the chance to shut the doors, I suppose one could dream ...

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OK just saw this thread, been in this situation with my parent house in Sloan Square thanks god have very short tempered brother who called emigration on the same day, then cut water supplier, dont know how, then did something dodgy and cut electricity but no gas. I did all the legal staff at meantime (spend 600 for nothing). Emigration came the next day all but two was illegal fakers emigrants on student visas BTW was 11 of them altogether (6). After 3 day remaining 2 left we had car parked outside the door and my brother slept in it as soon as 2 left called locksmith bought most expensive lock :)). Job done. Very stressful but my parent still dont know nothing about it :) it was there much deserved holiday time, now one of us look after the property while there on holidays. Need a cleaner for toilets as flash did not work without the water (clever huh)most probably this was main reason there left so quick :))))))). Good luck


Dee.

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Hi Saila.


The thing is to remember it from the point of view of the authorities. They need to make sure of two things: first that the property is actually yours, and second that the residents don't have a right to be there.


On the first point, it seems a bit silly, but just imagine if some nut job had developed a hate thing for you (like stalkers for example). You wouldn't want them to be able to just call up bailiffs to come round and throw you out of your own house?


On the second point, some landlords are complete turds. They might pretend their legal tenants are squatters in order to kick them out. There's another thread on here where people talk about how important it is that people have secure tenancies.


So it's not that anyone doesn't want the homeowner to have their home back, it's just that the authorities want to make sure that everything is above board first!

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As Huguenot says, there needs to be certainty in law that your claims are valid. That's the reason it takes a little time.

Meanwhile, you should not break the law (e.g. by breaking into the property while they are there) in order to achieve your goals extra-legally. But you can use *all* the laws at your disposal to help yourself.

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Saila, my boyfriend had the same problem...he had the heavies sent round with no luck and in the end the quickest thing was to pay a agreed amount to the leader of them which he then he managed to claim back through property insurance. Good Luck!
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Squatters will always say a window was open. It's then down to you to prove it wasn't. That process takes longer than an interim possession order so it's mostly not worth the hassle.


'Squatters Rights' is something completely different Pearson. It refers to long term residence 10 years plus. It's generally about the ownership of properties that have been subject to long term neglect by the owner, but have been invested in by the resident. They predate modern property law, and were mainly about stopping bullying semi feudal lords from kicking around the smallholders.

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The law's fine!


It just checks that the owner is the owner, and the squatter is a squatter, before returning property as appropriate. I don't see how you can improve on that?


On 'squatters rights' (not the same thing), I tend to believe that if you're the kind of tosser that would leave property empty for 20 years you deserve to lose it.

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What? The rubsley story?


I suspect our 'London Businessman' hadn't exactly been telling the 'whole' truth there, don't you?


My bullshit meter started wanging when I noticed he didn't have any furniture in the place.


The thing is, if you establish laws that enable you to throw out illegitimate occupiers without any sort of checks and balances, then it will also be used to throw legitimate occupiers out.


People can be such bastards. That's life.

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