Interim possession order (IPO)

An interim possession order (IPO) is a county court order requiring trespassers to leave premises within 24 hours of the order being served on them. It was introduced by the Criminal Justice and Public Order Act 1994 as a fast-track remedy against squatters, and the procedure is set out in Section III of Part 55 of the Civil Procedure Rules. GOV.UK guidance on removing squatters confirms it as one of the two civil routes available to property owners, alongside an ordinary possession claim.

The order is interim because it does not finally decide the case. It removes the occupiers quickly while the court lists a further hearing to decide whether to make a final possession order. What gives an IPO its force is criminal law: once served, an occupier who stays beyond 24 hours, or who returns within 12 months, commits a criminal offence under section 76 of the 1994 Act, punishable by up to six months' imprisonment, a fine, or both. The police can arrest without a warrant.

When a landlord can use an interim possession order

An IPO is only available in a narrow set of circumstances, and every condition must be met. The claim must relate to premises, not open land. The application must be made within 28 days of the date the landlord first knew, or ought reasonably to have known, that the occupiers were there. The occupiers must be true trespassers who entered without consent: an IPO cannot be used against a former tenant, a former licensee, or anyone who was ever let in by someone with a right to occupy, even after that permission has ended. The landlord must also have held their interest in the property throughout the occupation and have an immediate right to possession, and the claim cannot include any demand for money or damages. Where any of these conditions fails, the correct route is an ordinary possession claim against trespassers under Part 55.

It is worth stating the tenant point plainly, because it catches landlords out. Since the Renters' Rights Act 2025 came into force on 1 May 2026, every possession claim against a tenant runs through the Section 8 grounds. An IPO is not a workaround: a tenant who stays past the end of their tenancy is not a trespasser in law, and the only lawful route is a possession order followed, if needed, by enforcement.

How the IPO process works

The landlord files a claim form (Form N5) together with an application for an interim possession order on Form N130, which contains the written evidence, at the county court hearing centre serving the property. The court lists a hearing as soon as possible, and not less than three days after the claim is issued. The landlord must serve the documents on the occupiers within 24 hours of issue.

At the hearing, the judge checks that the conditions are met and that the landlord has given undertakings to the court: to reinstate the occupiers or pay damages if it later turns out the landlord was not entitled to the order, and not to damage the premises or the occupiers' belongings, or to re-let the property, before the claim is finally decided. Making a false or misleading statement to obtain an IPO is itself a criminal offence under section 75 of the 1994 Act, so the evidence must be accurate.

If the order is made, it must be served within 48 hours, and the occupiers then have 24 hours to leave. Where everything runs smoothly, a property can be recovered within one to two weeks of discovering the occupation. From working with self-managing landlords across the UK, we find the squatting risk is concentrated in void periods, when a property sits empty between tenancies, which is exactly when the 28-day clock is most likely to run down unnoticed. An IPO application also stands or falls on proof of ownership, so keeping the title, insurance and key property records together in August's documents feature means the evidence pack is ready on the day a problem is discovered rather than assembled under a deadline.

What happens if the occupiers do not leave

Remaining in the premises more than 24 hours after service, or returning within 12 months, is a criminal offence, and enforcement of an IPO falls to the police rather than to court bailiffs. In practice this is the procedure's weak point. Police forces vary in their willingness and capacity to attend, and a landlord whose occupiers refuse to move can find the criminal sanction difficult to invoke. Where the occupiers ignore the order, the landlord usually has to press on to the final hearing, obtain a final possession order, and then instruct county court bailiffs under a warrant of possession. Remaining after a final order is not a criminal offence, so at that stage only bailiffs or High Court Enforcement Officers can carry out the eviction.

An occupier who believes they have a defence can apply to set the IPO aside, but only after leaving the premises. If the application fails, the court can treat that hearing as the final hearing.

Interim possession order vs standard possession claim

The IPO looks faster on paper, but it involves two hearings rather than one, its conditions are strict, and its enforcement depends on the police. A standard possession claim against trespassers has no 28-day limit, can include a damages claim, ends in a single order, and is enforced by bailiffs whose authority is not in doubt. Where occupiers are likely to resist, many landlords and their solicitors reach for the standard claim from the start. For residential property, squatting is also a criminal offence in its own right under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, so the first call for a squatted home should be to the police. The full removal playbook, including prevention, costs and the police route, is in our squatters' rights guide, and the court and solicitor costs of either route are commonly met by the legal expenses element of a landlord policy, covered in our entry on squatters insurance.

Frequently asked questions

How long does an interim possession order take? 

Where the occupiers comply, one to two weeks from discovery to recovery is realistic: the hearing is listed no less than three days after issue, the order must be served within 48 hours of being made, and the occupiers must leave within 24 hours of service. Where they do not comply, the timetable extends to the final hearing and bailiff enforcement, which can add weeks or months.

Can I use an IPO against a former tenant who refuses to leave? 

No. An IPO is only available against people who entered without any consent. A former tenant, a lodger, or anyone let in by a tenant must be removed through an ordinary possession claim, which since 1 May 2026 means the Section 8 grounds route for tenants.

What if the squatters ignore the order? 

Staying beyond 24 hours of service is a criminal offence carrying up to six months' imprisonment, a fine, or both, and the police can arrest without a warrant. In practice police enforcement is inconsistent, so landlords often proceed to the final possession order and instruct bailiffs.

Do I still need a final possession order? 

Yes. The IPO is temporary and expires on the return date printed on it. The court holds a further hearing to decide whether to make a final possession order, which is the order that protects the landlord if the same occupiers return after the 12-month criminal window has passed.