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You are squatting if you have moved into a property without having the right to live there. Squatting isn't a long term option since you can be evicted very easily.
This section outlines what action will be taken if you squat. It outlines your rights and what help is available from the Housing Executive if you are squatting.
The law on squatting
Squatting itself isn't illegal. However, it is illegal to get into a property by breaking in or damaging windows and doors. You could be arrested even if the damage is minimal.
You can also be prosecuted if you don't leave when:
- the landlord gets a court order, or
- a person who normally lives in the property, or has a right to move in asks you to leave
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Utilities
If you are squatting it is important to get utilities such as gas, electricity and water connected properly. Using these services without contacting the suppliers is illegal.
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Applying for housing benefit
Squatters are allowed to apply for housing benefit. There is no guarantee that you will get any housing benefit, or that it will cover your payments.
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Repairs
Landlords usually won't carry out any repairs for a squatter. However, if you have been given a 'use and occupation' book by the Housing Executive or a housing association you may be able to get some repairs carried out.
Contact an advice agency if you are squatting and your accommodation needs to be repaired.
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Eviction
Squatters can be evicted much more easily than most other people and in most cases the landlord doesn't have to get a court order first. If a court order is needed, the landlord can apply for one at any time and doesn't have to give you any notice. In most cases the court will automatically give her/him the right to get back into the property.
You may have to pay compensation if the landlord gets possession of the property. This is usually the amount of rent the landlord would have received if you had not squatted in the accommodation.
What if I refuse to leave
If you refuse to leave, your landlord will usually ask the Enforcement of Judgement's Office to make you leave.
If you were squatting in Housing Executive or housing association property you may be given a 'use and occupation' book if the court orders you to leave. This means that you are allowed to live in the accommodation but that you don't have the same rights as secure Housing Executive or housing association tenants.
You will have similar rights to private tenants without a tenancy agreement. You will be charged 'use and occupation' charges. These are similar to rent charges.
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Finding a permanent home
Because you will almost certainly be evicted eventually, squatting isn't a long-term option. If you are squatting in private property you may be entitled to help from the Housing Executive as a homeless person. The Housing Executive must carry out special legal tests before deciding whether it has to help you.
If you have been squatting in Housing Executive or housing association property you will usually be disqualified from the selection scheme for two years.
You will only be offered a secure tenancy if:
- you currently have enough points on the selection scheme to make you eligible for Housing Executive accommodation, and
- the Housing Executive decides that there are exceptional reasons why you should get accommodation
You will have to spend a year as an introductory tenant if you are offered accommodation.
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