%PDF-1.6 %���� [18] s.76 Criminal Justice and Public Order Act 1994. [14] However, if the interim possession order is not served on the squatters within the 48-hour time limit, no offence will have been committed and the squatters may apply to the court for directions for the claim for possession to continue under the normal Part 55 Civil Procedure Rules, Section 1 procedure (see the page on claims against trespassers for details).[15].

[13] Failure to leave is a criminal offence. Freedom of Information (Scotland) Act: An A-Z Guide - Act Now, Freedom of Information: The Exemptions - Act Now.

It is a criminal offence for anybody to trespass on a property that is subject to an interim possession order unless:[18]. This last point is vitally important, as it has been known for some enforcement agents from other firms to have enforce an IPO when they were not allowed to.

The landlord is then required to serve the proceedings within 24 hours of issuing. A uniformed police constable with reasonable cause to believe that a person is guilty of one of these offences can arrest the person without a warrant.

Registered in England and Wales (Reg No. JCP obtained an IPO in  this matter and subsequent final Possession Order to protect the landlord in the event the same squatters returned to the site in the future. Please read our Privacy Policy. The court will set a date for the claim to be heard under normal possession proceedings, under Section 1 of Part 55 of the Civil Procedure Rules (see the page on claims against trespassers for details), unless it decides otherwise. If the claimant transfers the possession order to the High Court for a writ of possession for enforcement by a High Court Enforcement Officer (HCEO), the HCEO is almost always able to conduct the eviction far quicker than a County Court Bailiff.

As the IPO cannot be used on open land, this rules out many cases of squatting and protests.

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

At any time prior to the hearing, the squatter may file a witness statement in response to the application,[8] although the squatter may attend the hearing, irrespective of whether or not s/he has filed a witness statement.

Applying for an Interim Possession Order (‘IPO’) from the Court is an option available to a landlord (both individually and commercially) who finds anybody occupying their premises without their consent. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). This page is targeted at housing professionals.

Certainly in such a scenario, the effort and additional expense of obtaining an IPO as supposed to a conventional order for possession is likely to have been wasted. Third-Party cookies are set by our partners and help us to improve your experience of the website.

The owner/landlord must file a claim form, Form N5, and an application notice for an interim possession order, which will include the owner/landlord's written evidence, Form N130. This element requires Third-party cookies to be enabled. This means both a N130 form and N5 form is required to give to the court when presenting your case, as with all the necessary information and documents. The unavoidable additional costs of an IPO, as the procedure requires two hearings, should be balanced with the fact that if successful, it should allow a landlord to obtain use of his property in days rather than in weeks or (increasingly in my experience, at least in some busy courts) even months, should he or she have obtained a conventional possession order. [6], Service can be achieved by attaching copies of the relevant documents to the main door or other conspicuous part of the property, so that they are clearly visible and, where practicable, inserting copies of those documents in a sealed transparent envelope addressed to 'the occupiers' through the letterbox. Bristol Charity number 263710 (England & Wales); SC002327 (Scotland)

The court will set a date for the claim to be heard under normal possession … a copy of the order is not fixed to the premises. Because it is an ‘interim’ order, it is a fast track option but only temporary until a full possession order can have a hearing in court. Some police forces are reluctant to attend to enforce compliance, others seem (in my experience at least) to have a policy of refusing to do so. What is an IPO? Each month we send out an email covering any recent legislation changes, news and announcements from the Bailff and Enforcement industry.

The claim must be made within 28 days of finding out the premises were being occupied 4.

They differ from conventional orders for possession in the following ways: The IPO procedure will allow a landlord to obtain possession of their property in the shortest possible period as the hearings are listed quickly compared to conventional trespasser claims.

Should an IPO be granted by the Court the squatters must leave the premises within 24 hours after being served a copy of the IPO, or they will be guilty of a criminal offence. Interim Possession Orders (“IPOs”) are frequently overlooked by landlords in circumstances where they could be used to swiftly remove unlawful occupants from their property. This section explains how an interim possession order (IPO) can be used to evict a squatter and the penalties involved if a squatter remains or returns after an IPO.

[7] Rule 55.6 Civil Procedure Rules 1998.

These offences can be punished by a fine of up to £5,000 and/or a prison sentence of up to six months. [9] Rule 55.25(1) Civil Procedure Rules 1998. If you wish to do so, you should go to a Solicitor, Legal Advice Centre or Citizens Advice Bureau.

Interim Possession Order –A Quicker Procedure To Remove Squatters. An interim possession order must be served within 48 hours of being made by the court[12] and requires that the squatters leave the premises within 24 hours of service of the order. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. At the final hearing the Judge may make a final Possession Order, dismiss the claim or provide directions. [6] Rule 55.23(3) Civil Procedure Rules 1998. • after you have left the premises you may apply to the court for the interim possession order to be set aside. VAT 826 316 925. Tom Crockett is a barrister at 1 Chancery Lane.

Alternatively, the owner/landlord may serve copies of the documents on the occupiers by placing stakes in the land in places where they are clearly visible and attaching to each stake copies of the documents in a sealed transparent envelope addressed to 'the occupiers'.[7].

JCP issued Court proceedings which were served on the squatters who  vacated the site within 6 days.

The author will not be held responsible for any comments posted by visitors to this site. Court costs. A defendant may apply to set aside an IPO but only if he has left the premises and he claims that there are grounds of urgency which justify the IPO being set aside before the final hearing. h�bbd```b``� " 5@$�7�df� �M`�&t6���z0�I��݈�nD�9�A$WX$D����]$+���\ rv"e� ��JVL@����8L��L�� � Once all the relevant documents have been filed, the court will issue the claim form and the application for the interim possession order and it will set a date for the hearing of the application.


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