Version Number. Procedure and Workflow Officer

Transcription

1

2 Document Reference SQ_PVF SQ_FPVL SQ_SPVL SQ_LIF SQ_EmPS SQ_EmSPV SQ_PIF SQ_NCB Document Name Property Visit Form First Property Visit Letter Second Property Visit Letter Legal Instruction Form Property Squatted Squatted Property Vacant Property Inventory Form Notice to Collect Belongings Version Number V0.9 Author Purpose/Change Colleague Consultation Procedure and Workflow Officer Existing service, new procedure Hackney Legal Services, Senior Voids Co-ordinator, Estate Officer, Team Manager (Tenancy), Business Support and Contact Centre Manager, Quality and Improvement Team Manager. Date reviewed by Area Managers October 2013 Date sent to Senior Management Team (SMT) for pre-sign off November 2013 Sign of at TLSMT 19 December 2013 Date effective Review Date 12 months from sign off Version Number Date effective Key changes Consultation TLSMT sign off Author Review Date

3 1 Introduction 1.1 A squatter is someone who gains access to and occupies a property without permission (typically the squatter will have gained access after the property has become void following the departure of the former occupier). It is important not to confuse a squatter with an unauthorised occupant. An unauthorised occupant is someone who initially gained access to and occupied a property with the permission of the tenant. This procedure applies to squatters but not to unauthorised occupants. There is a separate unauthorised occupants procedure. If in doubt as to which procedure to follow you should consult your manager. 1.2 A squatter has no legal right to be in the property. S/he is a trespasser. The Council, as the owner of the property, can bring a civil action in the County Court to recover possession. There are two procedures that can be used: the most effective is the interim possession order procedure (which is explained in more detail in section 15 below) but this can only be used if the court case is started within 28 days of the date on which Hackney Homes first knew, or ought reasonably to have known, that the property had been squatted; otherwise the ordinary possession procedure must be used. 1.3 Before 1 September 2012 squatting was not a criminal offence. However, on that date, a new criminal offence of squatting in residential premises was introduced. A briefing note on this new criminal offence is attached as appendix A. It is important to appreciate that only the Police (who have the power to enter premises to arrest squatters) and the Crown Prosecution Service (who have the power to prosecute) can take action when there is evidence that this offence is being or has been committed. Neither Hackney Homes nor Hackney Council can take such action. All that Hackney Homes or Hackney Council can do is to report the matter to the Police to see what, if any, action the Police (and subsequently the Crown Prosecution Service) will take. 2 What To Do If You Become Aware Of A Squat 2.1 Area Managers are to be alerted to all cases of reported, or suspected, squatting immediately. 2.2 Area Managers will treat each reported incident of squatting on a case by case basis and decide whether or not to report the matter to the Police. 2.3 If the Area Manager decides to refer the matter to the Police, then Hackney Legal Services (HLS) should only be instructed if, for whatever reason, the Police will not take action, or any action taken by them is ineffective. 2.4 Estate Officers and Area Managers must bear in mind that HLS must be instructed within 14 days of the date on which Hackney Homes first became aware of the squat to allow time for an application for an interim possession order to be made (see 1.2 above and section 15 below). Page 3 of 16

4 3 Risk Assessments 3.1 Prior to visiting the property the Manager, or Risk Assessor, must complete the Squatters Risk Assessment Form (SRAF) with the Estate Officer. 3.2 Estate Officers will act on any actions that come out of the Risk Assessment, for example, informing repairs of any identified risks. 3.3 The Estate Officer will arrange for a Police presence at the eviction if they consider it necessary. 3.4 The Risk Assessment Review Details at the end of the SRAF must be updated after the eviction, if any incidents have occurred, as well as reporting them to Report Line. Risk Assessment Briefing 3.5 Once the SRAF has been completed the Officer should arrange a pre-eviction briefing with other involved parties who will be attending the property, for example, the Bailiff, the repairs operative, the Police (if they are to be involved). 3.6 The SRAF will be updated with the pre-risk assessment briefing date, and attendees. Once completed the SRAF will be scanned on to Universal Housing. 4 Personal Safety 4.1 Estate Officers need to be mindful of personal safety when completing home visits, especially if Estate Officers are lone working. Please refer to the Hackney Homes Health and Safety Policy, section 4.19 Lone Working/Home Visits and seek further guidance from your line manager. 4.2 Although the squatter may be unknown to us, always check if there is a cautionary contact against the former tenant or property. Where there is a cautionary contact in place the Estate Officer must speak to, and agree an action plan, with management prior to the visit, this should be included in the risk assessment and risk assessment briefing. 4.3 If there has been an incident during your visit you must, on your return to the office, speak to your Manager immediately and, at the same time, you should report the incident to Report Line on Refer to Hackney Homes Health and Safety Reporting Procedures for further information 5 Support Needs and Vulnerability 5.1 Estate Officers should ensure they have the Language Shop telephone number ( ) and the access code prior to the visit. Page 4 of 16

5 5.2 If Estate Officers are concerned about vulnerability issues of occupiers, for example, child protection, or, vulnerable adults, they should contact L B Hackney Health and Social Care Services on their return to the office; Adults and Older People or Children s Social Care Any other concerns must be raised with your Area Manager. 5.3 After initial contact with the squatters (Section 6) staff should refer to the Equality and Diversity page of the Hackney Homes intranet page Equality and Diversity and use this information if needed to facilitate future contact. For example if the squatter has learning disabilities face to face meetings may be more successful than posting letters. 6 Visiting The Property Contact Made 6.1 In order to confirm that the property is squatted Estate Officers must carry out a property visit within at least 24 hours of being notified of a squatted property. Estate Officers must complete the (SQ_PVF) Property Visit form. 6.2 The property must be visited by at least two Estate Officers. Prior to visiting the property, Estate Officers must check Universal Housing to gather as much information as possible prior to the visit, for example, obtain photographs of the last known legal tenant, or, establish if there are any cautionary contacts in place for the previous tenant. 6.3 When contact is made with the occupiers at no point must anything be done which may imply the granting of a license to occupy the property, e.g. giving out keys, accepting rent/payments, or anything that may indicate the occupiers can stay in the property. 6.4 Estate Officers should explain to the occupier why we believe the property is occupied illegally and advise them what action Hackney Homes can take to remedy the situation. 6.5 Estate Officers must advise the occupiers: a) Who they are Estate Officers must wear their Hackney Homes ID badges. b) Who the property belongs to. 6.6 Estate Officers need to establish if: a) The person occupying the property entered the building as a trespasser? b) They are a former tenant? c) They know they are trespassing? d) They were let in by someone who appeared to have the right to let them in? 6.7 If the occupiers are unauthorised occupants refer to the Unauthorised Occupants Procedure. Page 5 of 16

6 6.8 If it is clear they are squatting advise them they are trespassing and committing a criminal offence (Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO); they should vacate the property immediately or within 24 hours. When it is established that the occupiers are squatters the Estate Officer should: a) Establish why the occupiers are in the property b) Advise them they are squatting; that it is a criminal offence to squat a property. c) Advise them we have the option to contact the Police and/or start possession proceedings immediately. d) Refer them to LB Hackney Housing Options and Advice Team and hand them/put through letter box the information leaflet which provides contact details of support providers. 6.9 If the occupier does not intend to leave within a reasonable time (24 hours of first contact) or immediately, advise them we will refer the matter to the Police and/or start possession proceedings immediately. 7 Visiting the Property - No Contact Made 7.1 If we are not able to make contact with the occupiers, Estate Officers must check the property for evidence that someone is living there. If there is evidence that someone is living in the property - do not enter the property. 7.1 Estate Officers must leave (SQ_FPVL) First Property Visit Letter to confirm their visit, asking the occupier to contact them within 2 working days. 7.2 On day 3, if no contact is received from the occupiers, Estate Officers will make one more follow up visit to establish contact. (SQ_SPVL) Second Property Visit Letter will be handed to the occupier or put through the letterbox. If there is no contact from the occupiers within 1 day of the follow up visit refer to Section 8. 8 The Property Is Squatted. 8.1 Within 1 working day of the property visit and establishing the property is occupied by people other than the legal tenant(s), or 1 working day after the follow up visit, it is for the Area Manager managing the property to decide, based on information to hand, and following the property visit, whether the case is to be dealt with as a civil and/or criminal case. 8.2 Estate Officers should contact their local Safer Neighbourhood Team (Team Finder - Metropolitan Police Service) if they wish the Police to pursue the case as a criminal matter (see Section 9). 8.3 Within 1 working day of the visit, or follow up visit, the Estate Officer must inform: Page 6 of 16

7 The Repair Call Centre and The Central Voids Team that the property is squatted (SQ_EmPS) Property Squatted. The Central voids team will update Universal Housing to show the property is squatted. The Central Voids Team will contact the utility services to ensure Hackney Homes are not held responsible for any charges accrued during the squatted period. Hackney Legal Services by sending (SQ_LIF) Legal Instructions form. 8.4 If the Police, or Safer Neighbourhood Team, have contacted the neighbourhood office to advise a property has been squatted, refer them to the Area Manager who will take advice from them on what course of action should be taken (see Section 2) 9 Safer Neighbourhood Team (SNT)/Police action 9.1 Upon confirming that the property is squatted the Estate Officer should contact their Safer Neighbourhood Team (SNT) in the first instance. You will need to provide your name, job title, work place, and address of the property being squatted. The SNT will arrange a date and time with you to attend the property. The Estate Officer will contact the Repairs Team to arrange for a Repairs Operative to attend the property at the same time advising them of the door type, for example, Gerda, wooden, etc., taken from the (SQ_PVF). Repairs Operatives can attend within 2 hours where there is a need for immediate cases, but for planned evictions notice of 3 days is preferable. 9.2 If the SNT are not available, or depending on the urgency of the situation, the local Police can be called via the non-emergency telephone number 101. If they have officers available they will usually try to attend the same day. The Estate Officer should leave their contact details with both the SNT and Police to enable them to make contact when resources are available. The officer will advise management of the situation. Management will agree a course of action. 9.3 Two Estate Officers and a Repairs Operative must visit the property with the SNT /Police to advise the occupiers again that they should leave the property immediately. Estate Officers must take with them a copy of the tenancy termination form and a copy of the original Tenancy Agreement to show to the SNT/Police, if requested, as evidence that the occupiers are there without Hackney Homes permission. The SNT/Police will speak with the occupiers and, if they believe that the occupiers have committed a criminal offence by squatting, they will usually request that the occupants leave of their own accord, or, face possible arrest. 9.4 Whether the occupiers leave of their own accord, or are removed by the SNT/Police, the Repairs Operative will secure the property whilst the Estate Officers remains on site. Page 7 of 16

8 9.5 The Estate Officers will take possession of the keys, carry out an inventory of the property by completing the (SQ_PIV), take photographs of the property and contact the Central Voids Team to advise the property is empty. 9.6 If the occupiers claim that they were allowed access (including lodgers and/or sub-tenants) to the property by the previous tenant, the SNT/Police may not take any action and leave. If this happens, the officer must return to their neighbourhood office immediately and advise management. Management will agree an action plan. 10 The Squatters Leave 10.1 If there is evidence to suggest the squatters have left before the start of legal proceedings, entry to the property must be made to confirm this is the case. 2 Estate Officers (2 officers must attend for health and safety reasons) will take photographs of the property and belongings left behind and carry out an inventory using (SQ_PIV) Property Inventory Form. If there are animals/pets and/or dog/s left behind in the property please refer to Appendix B Once you have confirmed the squatters have left, within 1 working day, arrange to have the property secured and contact the Central Voids Team and the Repair Contact Centre by sending (SQ_EMSPV) Squatted Property Empty. The Central Voids Team will update Universal Housing. 11 Property Guardian 11.1 If the property is a regeneration void, speak to your manager as a Property Guardian may need to be allocated the property. 12 Storage of Possessions 12.1 Hackney Homes have a legal duty to securely store certain items that are left behind in a property. This applies to property belonging to former tenants, unauthorised occupants and squatters. The legal requirements are set out in the Local Government (Miscellaneous Provisions) Act 1982 s41 and are summarised in this procedure The landlord can dispose of certain items immediately: 1. Perishable items 2. Items where storage would cause the landlord unreasonable expense or inconvenience. This might include items that are damaged and beyond repair, or are in an unsanitary condition or are of no second hand value All other items are to be stored for either one month or six months, refer to Section The Estate Officer, with another member of staff, will take an inventory to confirm which items in the property should be stored and which items can be disposed of. Page 8 of 16

9 13 Taking an Inventory 13.1 The Estate Officer, and a second member of staff, will take an inventory of items in the property by completing (SQ_PIV) Property Inventory Form. Officers will not enter the property and take the inventory until the squatters have left the property The officer will list all items that have been left in the property, except minor, personal affects of little, or no value; these will not be inventoried as separate items The officer will take photographs of all items left in the property The officer will decide whether to store or dispose of items. The officer will place a sticker on items stating Store or Dispose The officer will state whether items are to be stored for either one month or 6 months (refer to section 14 for further guidance) Both officers will sign the inventory The officer will refer the completed inventory to the Central Voids Team within 2 working days of completing the inventory The Central Voids Team will arrange storage and disposal of items. 14. Storage 14.1 Storage is arranged and managed by the Central Voids Team. Should a squatter make enquiries about goods that have been stored following an eviction, refer the enquiry to the Central Voids Team The removal, storage, release costs and other administrative charges will be re-charged to the squatter The following procedure should be followed when dealing with the storage of possessions belonging to squatters. a. Forwarding Address Known The officer will notify the squatter in writing that they have one month from the date of the notice to pay the storage and associated costs and collect any items by sending Notice to Collect Belongings Letter (SQ_NCB) within 2 working days of the eviction; a copy of the (SQ_IF) must be included with the letter. Once the period of one month has passed Hackney Homes will dispose of any items remaining in storage. Page 9 of 16

10 b. Forwarding Address not Known When the officer cannot send the (SQ_NCB) to the squatter, the items will be stored for 6 months. Once the 6 months has passed Hackney Homes will dispose of any items remaining in storage. 15 Civil proceedings 15.1 If civil proceedings are required to evict the squatters then Hackney Legal Services must be instructed. Estate Officers and Area Managers must bear in mind that Hackney Legal Services must be instructed within 14 days of the date on which Hackney Homes first became aware of the squat to allow time for an application for an interim possession order to be made by completing a (SQ_LIF) Legal Instruction form Hackney Homes can only use an Interim Possession Order (IPO) if the occupiers entered the property as trespassers and the application for an IPO is issued within 28 days of the date Hackney Homes first knew, or ought reasonably to have known, that the property was squatted The IPO must be served within 48 hours of being made and informs the squatters that, if they do not leave within 24 hours of being served with the order, then they are committing a criminal offence If the conditions for use of an IPO are not met then ordinary possession proceedings can be brought. In each case the allocated lawyer will advise as to the appropriate remedy and the steps that need to be taken. 16 Universal Housing 16.1 Universal Housing must be updated at every stage and as soon as possible All letters and forms must be completed in full, signed and saved electronically as they may be needed as evidence. 17 What if the Squatter is not Satisfied with the Service they Received? 17.1 The officer / management will respond to any queries about how the Squatter s Procedure was managed in line with customer care service standards If a squatter believes Hackney Homes have not carried out this procedure in line with their published service standards they can make a formal complaint. To do this the squatter needs to complete a complaint form. The form and a copy of Hackney Homes Complaints booklet is available from the Neighbourhood Offices or they can be downloaded from our Hackney Homes website Page 10 of 16

11 Appendix A BRIEFING NOTE: CRIMINAL OFFENCE OF SQUATTING IN A RESIDENTIAL PROPERTY Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) creates a new criminal offence of squatting in a residential building, which applies throughout England and Wales, with effect from 1 September The definition of the offence is as follows: (1) A person commits an offence if: (a) (b) (c) The person is in a residential building as a trespasser having entered it as a trespasser, The person knows or ought to know that he or she is a trespasser, and The person is living in the building or intends to live there for any period. (2) The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building). (3) For the purposes of this section (a) "Building" includes any structure or part of a structure (including a temporary or moveable structure), and (b) A building is "residential" if it is designed or adapted, before the time of entry, for use as a place to live. (4) For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser. (7) For the purposes of subsection (1) (a) it is irrelevant whether the person entered the building as a trespasser before or after the commencement of this section The key points to note are as follows: the offence only applies to residential premises; it does not apply to commercial premises (including commercial premises that have been "converted" to residential use by the trespasser, as such premises would not meet the requirement in s144(3)(b) that the premises must be designed or adapted for use as a place to live before the time of entry) The offence is only committed where the person entered without permission; if the person entered with the permission of the owner or tenant, even if that permission is later revoked, then one of the elements of the offence is not made out. Page 11 of 16

12 the person must know or ought to know that s/he is a trespasser: someone who enters in good faith reasonably believing that they had the owner's permission would not be guilty of the offence the person must be living in the premises or intend to live there; so, for example, someone visiting a squatter at the premises during the day but not actually living there or intending to live there him or herself would not be committing the offence the offence cannot be committed by someone "holding over" at the end of a lease or licence The offence applies regardless of whether the trespasser entered the premises before or after the date on which the section came into effect (1 September 2012). LASPOs144 (8) amends section 17 of the Police and Criminal Evidence Act 1984 (PACE) to give uniformed Police Estate Officers the power to enter and search premises for the purpose of arresting a person for the offence of squatting in a residential building Page 12 of 16

13 Appendix B Animals/Pets When visiting the property if you know or suspect that pets/animals are in the property, ask the occupier if they intend taking the animals/pets with them. Failure to do so would mean they are deemed to be abandoning/neglecting them which is an offence under the Animal Welfare Act (2008), and they will be reported to the appropriate enforcement authorities. Dogs See above. If, the occupier indicates that they do not intend taking the dog/s with them when they leave/are evicted they must sign a Dog Sign-Over Sheet (DSOS). Once completed the officer should contact LBH Hygiene Services on and tell them the DSOS has been completed and signed. It is important the DSOS is completed as this is the official order and audit trail for LB Hygiene Services. If the occupier refuses to complete the DSOS then it must be assumed that the dog/s has/have been abandoned/neglected; the occupier should complete the DSOS to confirm it is their intention to abandon the dog/s. Advise them that if they leave the dog/s behind they are deemed to be abandoning/neglecting them which is an offence under the Animal Welfare Act (2008), and they will be reported to the appropriate enforcement authorities. (LB Hackney Hygiene Services are responsible for this as part of their Service Level Agreement). Page 13 of 16

14 Squatters Civil Proceedings Property Squatted 24 hours Area Manager (AM) alerted to squatted property 28 WD Civil proceedings? Yes 14 WD SQ_LIF Application for IPO submitted Hackney Legal Services (HLS) Interim Possession Order (IPO) IPO conditions not met, ordinary possession proceedings 48 hours IPO served Squatter leaves Central Voids Team 2 WD SQ_PIV Storage of Possessions - see page 2 Property visit - contact made. NO contact made see page 2 SQ_PVF Yes Are occupants Unauthorised Occupants? No Squatter leaves? Yes Unauthorised Occupants Procedure No End Refer matter to Police or start possession proceedings 1 WD Safer Neighbourhood Team (SNT)/ Police see page 2 Repair Call Centre and Central Voids Team - SQ_EmPS SQ_LIF 2 WD Squatters leave SQ_PIV 1 WD SQ_EMSPV Regeneration void - property guardian. Central Voids Team Refer to management Storage of Possessions - see page 2

15 Squatters Property Visit - No contact made Leave SQ_FPVL 3 WD Property visit and SQ_SPVL 1 WD Repair Call Centre and Central Voids Team - SQ_EmPS Area Manager to decide Civil Proceedings SQ_LIF Safer Neighbourhood Team/Police Storage SNT/Police Estate Officer (EO) contacts SNT. Date and time agreed to visit property. If SNT cannot attend contact Police but ONLY if an emergency Repairs Operative (RO) to attend Property Visit Termination form and original Tenancy Agreement SQ_NCB Goods stored for 1 month Yes 2 WD Squatters leave / are removed? No EO return to NHO Agree action plan with management Forwarding address know? No Goods stored for 6 months Yes RO secures property EO completes inventory SQ_PIV 2 WD Central Voids Team Former tenant pays for storage and removal of goods or goods disposed of end

16