Squatting- taking occupancy in a vacant structure without the owner’s permission- is an act that transcends time and place, having been around for as long as humans have lived in houses, and being a recognised occurrence around the world. Victoria is no exception. There have been several high-profile reported instances of squatters taking up residence in Melbourne’s inner city suburbs, including a residency in Collingwoodthat had neighbours fearing their own homes may be burned down. In 2017, a Queensland woman was allegedly forced out of her homewhen squatters took up residence and changed the locks. The latter case emphasises the difficulties faced by home owners when unwanted persons move in to their property, with little to no information available as to how to get squatters out. To add insult to injury, there are numerous resourcesavailable online for people looking to set up a squat, including detailed instructionsto make the occupancy appear legitimate and complicate the process of being told to leave. These include setting up utilities in their own name, changing locks, barricading doors and even going so far as to lodge a caveat over the property.

When it comes to getting squatters to leave, it’s not as simple as calling the police, and things get complicated if the squatter claims to have rights over the property. Squatting itself is not illegal. While a squatter could be arrested for trespass, the owner must first prove that the property belongs to them and that they explicitly informed the occupant not to enter. Furthermore, there’s nothing preventing a squatter from blatantly lying and claiming a right to the property, and there’s nothing to prevent them from simply refusing to answer the door. Property owners are likely to be directed to the Victorian Civil and Administrative Tribunal to be granted an eviction notice, however this can be a lengthy process, and if ownership is contested can turn into an expensive court battle. And, if a squatter is able to take up residency in a vacant property for fifteen continuous years, they can claim a legal right to the property under adverse possession.

Why do people squat? Historically people have turned to squatting in vacant buildings as a form of protest against housing affordability, proposed infrastructure, or to protect heritage buildings from destruction. For some it’s a form of anarchy, complete with its own international symbol. For these people, squatting is a movement against capitalism, and may also involve dumpster diving for food and goods. In some cases squatters will negotiate with property owners to be allowed to stay, in return for paying minimal rent or for seeing to the upkeep of the property. For many, however, squatting is an act of desperation, a last ditch effort to stay off the streets as homelessness rates continue to rise.

Australia is facing a pandemic of homelessness,with census data showing a 14% increase in the number of people sleeping rough between 2011 and 2016. Every day 250 people will be turned away from crisis enters across the country due to underfunding and lack of resources. Of these people, the majority are victims of domestic violence. They are young people, with 25% of homeless people being in their twenties. Additionally, the 2016 census saw a concerning increase in the number of older women(over the age of 65) sleeping rough, which could be due to a relationship breakdown, insufficient superannuation (in part due to the gender pay gap), little education around finances and the increasing cost of living. In Melbourne, the Andrews government has taken steps to slash public housing funding and sell off public land to private developers, resulting in a massive loss of emergency accommodation to an already gutted sector. Meanwhile, homes sitting vacant have prompted criticism from homeless advocacy groups, and seen the introduction of the vacant land tax in the 2017 budget.

For a person in a desperate situation, turned away from emergency housing and without anywhere safe to go, its little wonder squatting is seen as a viable option.  For homeowners looking to protect their investment, the best way to prevent squatters is to make sure the property is occupied by paying tenants. Additionally, keeping properties maintained and looking ‘lived in’, for example by mowing the lawn, installing security lighting, removing mail, and regularly visiting the property, can create a less inviting target for potential squatters. In the long term, petitioning local councils and governments to provide adequate public funding towards social housing addresses the problem at its root. According to Toby Hall, the chief executive of St Vincent’s Health, and expert Dr. Eoin O’Sullivan, ending homelessness is a simple matter of providing safe and affordable long term accommodation. If this can mean keeping unwanted tenants out of your property, than it’s a win for everybody.