Interim possession order

You need to meet a number of requirements before you can apply for an interim possession order. The premises which are occupied must be either: a building, part of a building (such as a self-contained flat within a building) or land ancillary to that building.

Note – interim possession orders do not apply to open land.

You also need to show the court that:

  • you have an immediate right to possession of the premises being occupied
  • that right has existed for the whole time the premises were illegally occupied
  • the claim must be made within 28 days of finding out the premises were occupied

You cannot use an interim possession order if you are seeking to evict former tenants, sub-tenants or licensee and you cannot use an interim possession order if you are also trying to recover damages.

If ALL of the above conditions are not met, then the judge (at the final possession order hearing) could allow the squatters back into the premises.

Unfortunately, not all police forces are co-operating and they may not want to get involved in these types of matters unless there is some kind of public order disturbance. As such, it may be quicker to use the normal accelerated procedure where only one hearing is required.

As an interim possession order cannot be used on open land, it is not appropriate for squatters or trespassers who may form part of a travelling community.

Contact an expert possession claims solicitor now

Our expert team of possession claims solicitors at Francis Wilks & Jones are here to help you with any type of possession claims enquiry or question. Contact one of our team of expert friendly possession claims lawyers now for your confidential possession claims consultation. Whatever your possession claims requirements, we are the experts to help you. Call us now. Let us help.


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