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Interim Possession Orders

This method of eviction, which provides a quick remedy under the Criminal Justice and Public Order Act 1994, can only be granted against trespassers.

The interim possession order procedure has been incorporated into Section 3 of Part 55 of the Civil Procedure Rules 1998.

A landlord seeking to evict trespassers can apply for an interim possession order under Part 55 as an additional measure to a possession order.

Failure to comply with an interim possession order is a criminal offence — once an interim possession order is served on a trespasser, they must leave the property within 24 hours to avoid committing a criminal offence for which they can be arrested by the police.

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Conditions for Interim Possession Orders

The procedure set out for the application of interim possession orders imposes a number of restrictions, which make them less accessible to landlords than ordinary possession claims. These include:

  • IPO's can only be used for recovery of premises (not open land).
  • Must apply within 28 days of discovering the trespassers' occupation.
  • Only for trespassers who entered without consent — not ex-licensees or invited occupiers.
  • Landlord must have been the owner or tenant during the entire period of occupation.
  • Landlord must have an immediate right to possession (no other valid licence or tenancy).

🔧 The Interim Possession Order Procedure

📄 Application

A landlord must apply to the court using a Form N5 claim form and application notice. This includes the landlord’s written evidence. The court will issue the application and set a hearing date no sooner than three days after.

📬 Service

Landlords must serve the claim form, application notice, supporting evidence, and blank witness statement form on the occupiers within 24 hours of issue. This can be done by affixing documents to the property, inserting through the letterbox, or posting on stakes at the site. A certificate of service must also be filed with the court.

🧑‍⚖️ Hearing

The court will consider if the landlord gave appropriate undertakings (such as paying damages if the IPO was wrongly granted). If all conditions are met and service was proper, the IPO will be granted. If not, the case will continue under normal possession procedures.

🚨 Execution

The IPO must be served within 48 hours of issue. Once served, trespassers must vacate within 24 hours to avoid committing a criminal offence. If not served in time, no offence occurs, and the court may revert to standard possession proceedings.

The IPO expires at the possession hearing, where the court may:

  • Grant final possession
  • Dismiss the claim
  • Switch to normal possession route
  • Enforce landlord undertakings

If final possession is granted, the squatter must be evicted by bailiffs under a warrant. Remaining after final order is not a criminal offence.

⚖️ Setting Aside an IPO

Trespassers can apply to set aside the IPO if they believe they have a defence — but must first vacate the premises. The court may then either cancel the IPO or proceed to final hearing immediately.

🚫 Remaining or Returning

It's a criminal offence to remain or return unless:

  • The trespasser leaves within 24 hours of service and does not return
  • No copy of the IPO was fixed to the premises

It’s also an offence to return within 12 months of expiry. Penalties can include up to 6 months’ prison or a £5,000 fine. A police officer can arrest without a warrant if they reasonably suspect the offence.