According to those who supported moves to criminalise squatting, homeowners were living in fear of squatters invading their unoccupied homes and impromptu tenants who refused to leave were protected under the law by squatters’ rights.

That changed when a new law, supported by Hove MP Mike Weatherly, was introduced in September 2012.

Squatting in residential properties became a criminal offence, meaning that anyone who saw a squatter in a house or flat could call the police, who would attend almost immediately, put them in handcuffs and cart them away.

Prior to that, evicting squatters required a case to be brought before the county court which, if successful, would order the squatters to leave within a timely period.

But for all the noise made about introducing the new law, just two prosecutions have successfully been brought against people occupying residential properties.

One of those intends to appeal his conviction next month.

Sussex Police cannot quantify the exact number of times they have attended commercial squats in the same period, but have made arrests at squats in the past two years for a range of offences including breaking and entering, criminal damage and violent crimes. So have the squatters just moved from one type of squat to another?

Squatters’ rights campaigners hailed the recent failure to secure convictions for a case of criminal squatting in London as a victory.

Izzy Köksal proudly proclaimed on Twitter: “Whatever they say squatting will stay.

“They can’t enforce law criminalising squatting in abandoned residential buildings No case to answer for squat protest occupation.”

She said the Crown Prosecution Service “couldn’t prove the people had trespassed”, which she said was a “key element” of section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act.

The squatters know the law and police say that they use their legal right to continue to squat where the law does not cover them.

Inspector Roy Apps of Sussex Police said: “In September 2012 a new law came into effect making it a criminal offence to squat in a residential building and since that time there have been very few instances reported to the police with squatters using residential properties.

“The people who squat generally know and understand the criminal law and have access to advice.

“When instances of squatting in commercial premises are reported to the police we will work with our partners across the city and the owners to ensure that there is a lawful resolution to the issue.

“As with all police action, especially where force may have to be used, a threat and risk assessment will be taken prior to any decision to enter a premise being made.

“It will always be our intention to facilitate the lawful repossession of residential properties subject to the terms of the new act, but based upon the threats and risks posed, in some cases it may not be appropriate for officers to enter the building immediately. Instead a planned response may need to be put in place to ensure the safety of the officers attending and the people inside the building.

“We work closely with our partners to look at more suitable options for individuals who are found to be squatting.”

Squatters’ support agencies help people wanting to occupy empty building get around the law.

Dave Adam helps homeless people find empty commercial buildings to live in around Brighton and Hove.

He calls his quest a “protest about the city’s homeless situation”.

He works entirely within the law, and said those he helps cause no damage.

He has also been planning a King of the Squatters X-Factor style contest to highlight their political point.

But whilst homeowners may now be safe, struggling businesses are forced to deal with the difficulties of evicting squatters.

The Squatters Advisory Service provides legal advice and notices for squatters to post on any premises they are occupying.

They also provide specific notices for pubs – which have been the sites of the most recent occupied squats seen in Brighton in recent weeks including the former Mariner in East Street and the Brewery Tap, in North Road.

A spokeswoman for the Crown Prosecution Service said that only two people had been convicted of criminalised squatting under Section 144.

One of the first prosecutions to make it to court was spectacularly thrown out in September.

Dirk Duputell faced two trials but Judge Paul Tain ruled there was no case to answer.

The judge advised Sussex Police that any future convictions under the legislation would need to be based on evidence gathered through forensic work, surveillance and door-to-door inquiries.

Squatting campaigners said the verdict showed the law banning squatting in residential properties was “unnecessary and unworkable”.

Mr Duputell was arrested just days after the law was introduced after he was found superglued to two other people in a property in London Road, Brighton.

The case against Tobias Sedgwick and Alistair Cannell was also thrown out.

Prosecutors claimed that video evidence taken by police officers at the scene showing bedding in the property as well as fresh food in the fridge was evidence that there were people living in the building.

But the judge found that Mr Duputell’s presence could have been because he was a visitor or someone who “had gathered in support with this group making a political point”.

Speaking after the verdict, Mr Duputell, then 30, said: “I think it just shows the new law is not working, that they had to go to this expensive trial for the judge and magistrates to decide there is no case to answer.”

After hailing the new law a huge success Mr Weatherly soon began campaigning for an extension to the law to cover commercial properties as well.

Launching his Early Day Motion in Parliament in 2013 he said he was “aware of the huge distinction between the homeless who need our assistance and squatters who choose to occupy property without permission as a lifestyle preference”.

He said: “More needs to be done to encourage owners of empty buildings to bring them back into use, but ultimately owners of commercial premises – whose properties can be out of use for all sorts of legitimate reasons – should have the same rights as owners of residential premises when it comes to removing squatters.”

Mr Weatherley, who is due to stand down as Hove MP at the next election, did not respond to The Argus’ repeated requests to speak to him about how successful the law had been.

Timeline of Brighton squatting

September 2014 – Brewery Tap, North Road, Brighton squatted April 2014 – shop on the corner of Upper St James’ and Bedford Street squatted October 2013 – Dirk Duputell overturns his squatting conviction August 2013 – squatters evicted from the Freebut pub in Brighton July 2013 – squatters evicted after a lengthy stand-off with police at Prince Albert Street, Brighton April 2013 - Dirk Duputell, Tobias Sedgwick and Alistair Cannell go on trial for squatting. Sedgwick and Cannell’s cases are thrown out. Duputell is found guilty, but his conviction is later overturned March 2013 – Pavilion House in Grand Parade, Brighton is squatted March 2013 – squatters evicted from a property in London Road, Brighton September 2012 – squatters evicted from former lighting shop in London Road, Brighton. Dirk Duputell, Tobias Sedgwick and Alistair Cannell arrested and charged.

September 2012 – new squatting law introducedmber 2014 – Brewery Tap, North Road, Brighton squatted September 2012 – new squatting law introduced by the Coalition government