05 Nov Squatters and trespassers: IPO’s to the rescue!
Have you found your property or home occupied by squatters or trespassers? Saqib Khan, Associate solicitor at HRJ Foreman Laws Solicitors discusses the practicalities of Interim Possession Orders and how they can be useful in regaining possession of your property.
What is an Interim Possession Order? (‘IPO’)
An IPO is a court order that can assist in swiftly reclaiming possession of property when it has been unlawfully occupied. The circumstances in which IPOs may prove helpful usually arise when individuals have entered and are residing in a property without authorisation or legal entitlement, a practice commonly referred to as squatting.
What are the requirements?
The interim possession procedure serves as an alternative to the standard procedure, designed to address the issue of squatters more expeditiously. However, its application is limited to specific circumstances, particularly in cases where:
- The claim pertains solely to the right of possession of the premises (excluding open land), without any monetary claim involved.
- The Claimant (person making the application) has an immediate and continued right to possession of the premises throughout the period of the unlawful occupation.
- The claim must be filed within 28 days from the date when the Claimant first became aware, or reasonably should have become aware, of the unlawful occupation.
The procedure
The claim is filed in the County Court closest to the location of the property, accompanied by the necessary application and any pertinent witness evidence. Once the court has issued the claim, the matter will be listed for an initial hearing as soon as possible, but not less than three days following issuance of the claim.
The claimant, within 24 hours of the claim being issued, will be required to serve upon the squatter, copies of the issued claim and any accompanying documents, including a blank copy of the defendant’s witness statement. This must be done by affixing copies to the main front door or another prominent area of the premises to ensure visibility.
If feasible, the documents should also be placed in a sealed transparent envelope addressed to “The Occupiers” and inserted through the letterbox. Following service of the documents as noted above, proof of service in support of the claim must be filed with the court before the initial hearing.
During the initial hearing, the judge will determine whether to issue the IPO which mandates that the squatter vacate the property within 24 hours of the order being served upon him or her. The Court will consider whether the Claimant is prepared to provide assurances (known as undertakings) to reinstate the squatter should it be found that that the Claimant was not entitled to possession.
Furthermore, the Claimant must commit not to cause damage to the squatter’s belongings or the property itself, and to refrain from granting occupancy rights to any other entity until the claim is conclusively determined.
If upon conclusion of the initial hearing, the IPO is issued, it will be required to be served upon the squatter within 48 hours. Should the squatter fail to vacate the premises within 24 hours of receiving the IPO, a subsequent hearing will be scheduled for the Court to determine whether to issue a final possession order.
Alternatively, the squatters may comply with the IPO and vacate the property. However, if they re-enter the property within 12 months, they may face arrest and could be liable for a fine and/or imprisonment.
Advantages of an IPO
- Property owners can safeguard their rights and interests in their property by securing a court order, enabling them to enforce their rights to possession with the support of the law.
- IPOs provide a more expedited solution in contrast to conventional eviction procedures, enabling property owners to reclaim possession swiftly.
- An IPO may discourage individuals from illegally occupying property, acting as a deterrent to squatting.
Interim Possession Orders provide property owners with a viable means to regain possession of properties that are unlawfully occupied. By obtaining a court order, property owners can swiftly reclaim control of their premises.
If you find yourself dealing with unauthorised occupation or squatting on your property, it’s crucial to act quickly, and we’re here to help.
Contact us for legal advice.
- Email info@hrjforemanlaws.co.uk
- Call Hitchin, 01462 457711, Welwyn Garden City, 01707 887700, Old Harlow 01279 709 100.
- Complete our contact form here