‘Because this was a civil rather than a criminal matter, the police were powerless to act,’ explains Jonathan Lewis, a solicitor in the civil litigation team with QualitySolicitors Parkinson Wright. ‘Instead, Ramsay’s company engaged a law firm to obtain an interim possession order from the court. This is a powerful, fast-tracked court order that allows an owner to have squatters removed by bailiffs within a short time frame. The order must be served on the squatters within 48 hours of the court making it and the squatters must then leave the occupied property within 24 hours. If they do not, they can face arrest for a criminal offence.’
Jonathan explains the benefits of obtaining an interim possession order, and highlights some of the complexities which make good legal advice essential.
What are the benefits?
Speed is the primary advantage of an interim possession order, as property owners can regain control of their property far more quickly than through the conventional possession claim route which can take weeks, or even months, especially if the other party files a defence or if there are backlogs in the courts.
The speedy implementation can help the property owner save money in the long run as evicting the squatters promptly will minimise financial losses from vandalism, damage, and lost rental income.
Key issues to consider
As the name suggests, an interim possession order is only a temporary order. Property owners and their legal representatives must attend a second court hearing within a short period to obtain a final possession order. If the squatters have already left this second hearing may seem unnecessary, but it is important to conclude the matter and obtain a permanent order.
If an interim possession order is obtained, the police can be contacted to have the squatters arrested. However, the police may not always be willing to enforce the order immediately, and it may still be necessary to arrange for a bailiff to carry out the eviction.
A squatter can also apply to have the interim possession order set aside (but only if they have already vacated the property) which adds another layer of complexity to the process. The property owner must provide an ‘undertaking’ to the court to compensate the squatters and allow them back into the property if the court later decides the order should not have been granted. The owner must also promise not to damage the property or dispose of the squatters' belongings. If the order is set aside, the owner may be liable for damages and costs.
What are the eligibility requirements?
The eligibility requirements for an interim possession order are very specific and must be met exactly. The application must be filed within 28 days of the squatters first being discovered and one can only be used to claim possession, not for any claim for damages or unpaid rent.
They cannot be used for open land – only for buildings or land attached to buildings. An interim possession order cannot be used if the occupiers were former tenants, licensees, or had permission from someone else to occupy the property.
What is the process for obtaining an IPO?
Our solicitors will file a claim in the county court and serve the relevant documents to the squatters. After issuance, an initial court hearing is scheduled during which a judge may issue the interim possession order.
The order, if granted, compels the squatters to vacate the property within 24 hours of being served the order. If the squatters fail to comply with the order and do not leave the property, a subsequent hearing will be scheduled to determine whether a final possession order should be issued.
However, if they do vacate, the order prevents them from re-entering the property within 12 months, and doing so can result in arrest, fines, or imprisonment.
The process for applying for and serving an interim possession order is complex. Any errors in the paperwork or service can lead to delays or the application being dismissed, so having a specialist litigation lawyer to oversee the process is absolutely essential.
How we can help
Our solicitors provide strategic and procedural guidance, which is especially valuable for the specific steps required to get an IPO. This includes filing the claim form with the correct court, gathering supporting witness evidence, and ensuring proper service of documents on the squatters within strict time limits. They will also help with the necessary undertakings that the court requires from a property owner.
We will help you to navigate the more complicated scenarios that may arise, such as a squatter challenging the order or a misunderstanding of the legal classification of the occupants.
We also handle the necessary follow-up steps, such as applying for a final possession order if the squatters fail to comply with the IPO. By managing the process efficiently and correctly, our solicitors can save time, money, and stress for property owners - ultimately achieving the desired outcome of regaining possession swiftly.
For further information, please contact Jonathan Lewis or a member of the civil litigation team on 01905 721600 or email worcester@parkinsonwright.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.