How to Use – Interim Possession Order Against Squatters

Squatters are unwanted people who have no right to be there on your property. It’s very likely that they are your disgruntled tenants or their friends who don’t want to pay to live on your land, rather than outlaws trying to steal your property. That’s right; your tenants have the potential to become squatters! It could also be a group of unauthorised people who have let themselves in while the property was left empty, unoccupied, or unsecured. While this progression is thankfully not common, the fact that it is so uncommon makes it even more difficult for landlords to deal with. Most landlords wouldn’t know where to start if they had a squatter problem. As a landlord, you should know how to serve an official eviction notice or whom to call to ensure the squatters are legally removed.

You can remove squatters using an interim possession order IPO, believing them to be a faster route than going straight for a possession order.

If you try to remove the squatters yourself with force or the threat of force, you’ll be breaking the law.

If you need assistance filing a possession claim, seek legal advice from a solicitor.

Interim Possession Orders

CPR 55.20 to 55.28 covers the process of obtaining an interim possession order (IPO). An IPO is an interim order requiring the squatters to vacate the property within 24 hours of pending a final hearing of the claim for possession. If the trespassers fail to leave, they can be arrested for committing an offence under s.76 of the 1994 Act.

Only apply for an IPO if it’s been less than 28 days since you discovered your property has been squatted. The landlord can file a complaint with the County Court in the area where the property is located. A hearing date will be set, and the squatters will be notified within 24 hours of receiving the documents.

The County Court after accepting your application will send you a confirmation of your IPO within a few days. They will also send documents that you must give to the squatters within 48 hours.

How to Use an Interim Possession Order Against Squatters

An Interim Possession Order (IPO) is a legal tool used by property owners in England and Wales to quickly remove squatters from their premises. If you’re dealing with squatters and need them out swiftly, an IPO can be a highly effective solution. Here’s how to use it:

Step 1: Qualify for an IPO

An Interim Possession Order can be applied for if:

• You are the property owner or an authorised person acting on the owner’s behalf.
• The squatters have entered the property without permission and are occupying it.
• You have discovered the squatters and filed your application for an IPO within 28 days of becoming aware of their presence.

Step 2: Complete the Necessary Forms

To apply for an IPO, you’ll need to submit the following forms to your local county court:

• Claim Form N5: This is the general form for seeking possession of property.
• Claim Form N130: This is specifically for applying for an Interim Possession Order.

Be sure to provide accurate details about the property, the squatters, and when you became aware of their occupation.

Step 3: Submit Your Application to the Court

Once you have filled out the required forms, submit them to the court along with the required fee. The court will review your application and, if approved, will set a date for the hearing, usually within a few days.

Step 4: Serve the IPO to the Squatters

Once the court grants the Interim Possession Order, you must serve the order to the squatters within 48 hours. This is typically done by posting the order on the property where the squatters are residing.

Step 5: Enforce the IPO

After receiving the IPO, the squatters must leave the property within 24 hours. If they fail to comply, they are committing a criminal offence and could face arrest. At this point, you can contact High Court Enforcement Officers to remove the squatters if necessary.

Step 6: Apply for Full Possession

An IPO is temporary and will usually require a follow-up hearing to obtain a full possession order. You will need to return to court to secure full possession of the property permanently.

Squatters who do not comply with an IPO can be sentenced to prison if they do not:

• Leave Your Property Within 24 Hours
• Stay away from your property for 12 months

To get final possession of the property, you must claim possession. You can do this on your IPO application form or separately online.

Exceptions

You can’t use an IPO, if-

• You’re also claiming damages from the squatters; instead, you should file a regular claim for possession.
• You’re attempting to evict former tenants, sub-tenants, or licensees from your property.

Applying for an IPO

A landlord can apply for an interim possession order from the County Court both individually and commercially. Once an IPO is served the squatters must leave within 24 hours from the property, or else they will be guilty of a criminal offence.

Requirements

A few requirements from the landlord’s end need to be met for applying to the court. It’s important to note that the IPO procedure does not apply to open land, and the application must be submitted within 28 days of the landlord becoming aware of the illegal occupation.

Procedure

The Court will require a Claim Form and an application for an interim possession order, as well as a supporting witness statement from the landlord.

A hearing will be scheduled as soon as possible after the Court issues the application for an IPO, but no later than 3 days after the issue date. The landlord must then serve the proceedings within 24 hours of receiving them.

Hearing

The Judge will decide at the hearing if the conditions for an IPO have been met. If they have, they will be granted an IPO, which will then be prepared. The initial public offering (IPO) must be served within 48 hours of the Judge’s approval.

The IPO will also include a date for a final hearing, which will be held before the IPO expires. The Judge may issue a final Possession Order, dismiss the claim, or give directions at the final hearing. If the squatters vacate the premises before the final hearing, the final hearing may not be necessary.

Advantages

The application for an IPO is a faster way to reclaim the property, with hearings scheduled much faster than normal possession proceedings. Furthermore, if the squatters have not vacated following the IPO, the landlord can instruct the police or private bailiffs to remove them.

Costs

Make sure you meet all the requirements before an application for an IPO is made to avoid unnecessary costs. In addition to legal fees, you will be required to pay disbursements such as the Court issue fee.

Summing-up

Use Shergroup’s service to evict squatters from your property where they have set up an unauthorised encampment. Our eviction experts can send a crew of trusted and experienced certificated enforcement agents to remove the squatters within hours. Why we suggest this service is because it will save you extra expenses for court proceedings.

We offer a complete end-to-end service to issue a Claim for Possession, obtain an Order, and enforce the same, including serving of Notices for a fixed fee. Our friendly business advisors will help you in taking a suitable approach to claiming your property back. Contact us today via our website www.shergroup.com or mail us at [email protected].