The Landlord & Tenant Act 1985 and Housing Act 1988 govern the renting or letting of property.

Landlords must:

1. Allow tenants to benefit from the 'quiet enjoyment of the property,' tenants should be able to live without being harassed, or inconvenienced by the landlord.
2. Provide property that is fit for human habitation. If a property is in an unhealthy state it is illegal under the Landlord & Tenant Act 1985.
3. Maintain common areas, building structures and the outside of the property.
4. Ensure that repairs are carried out properly.
5. Design and build property to certain standards. If they don't, they can be prosecuted under the Defective Premises Act 1972.

Tenants must:

1. Pay rent
2. Pay Council Tax, Water Rates and any other bills connected with the property.
3. Take proper care of the property
4. Allow the landlord to enter and view the property, providing you've been given sufficient notice. (At least 24 hours).

Both landlords and tenants have legal obligations that depend on the type of lease.

There are three types of lease for private tenancies:

1. Assured Shorthold Tenancy - tenancies started after 28th February 1997 unless the landlord has stated otherwise. Landlords are certain of retaining possession of the property at the end of the lease.
   
2. Assured Tenancy - tenancy is assured for a fixed period and can only be terminated by court order or surrender by the tenant.
   
3. Regulated (or 'protected') Tenancy - tenancies started before 15th January 1989. These offer the most protection against rent increases or eviction.

Under the Housing Act 1985, council or housing association tenants benefit from 'Secure Tenancy'. They have greater protection from rent increases or eviction than private tenants and can transfer the tenancy to a spouse or dependants should they die.

Squatting is where someone occupies a property which is empty or abandoned without the owner's knowledge or permission, and without any legal right to do so - squatters are trespassers.

Squatter's Rights

If you as an occupier have no ownership documents, no lease or tenancy agreement, no record of having paid rent to a landlord, and no other evidence exists that you have occupancy rights, then you may well be occupying illegally.

It is perhaps of no consolation to landlords that squatters often believe they have a perfect right to occupy when properties are left vacant, especially for long periods.

Even so, the squatter has rights. Squatters cannot be evicted from premises without a court possession order, unless they leave voluntarily.

Preventing Squatters

Sensible precautions would be:

Keeping properties securely looked when unoccupied. Security is a landlords concern not only when their properties are empty. Landlords can be held responsible to tenant's losses if properties are vulnerable to burglaries etc., - it is in the landlord's interests to maintain adequate security at all times - your insurers and the local police will advise.

Giving the appearance of occupation. Having curtains or blinds in place and perhaps having a neighbour or cleaners make regular visits. Leaving radios switched on, and lights on timers.

Make regular visits yourself and monitor the situation carefully.

Do not leave premises unoccupied for long periods. Most landlords do not do this as they want to avoid void periods. However, there are some instances where properties are left empty for extended periods.

If you find anyone occupying your property without your consent contact the police immediately. They may be able to act without reference to the courts.

Try to be present when the police attend as they have been known to cause as much damaged as illegal occupants in the process of eviction.

If the police are unable to assist start legal proceedings for an Interim Possession Order immediately.