
An interim possession order (IPO) is a court order for possession that was brought in to speed up the evicting of squatters.
It basically criminalises the act of squatting, and orders the squatters to leave immediately, or certainly within a short space of time, under threat of arrest.
This sounds like a great option; quick, easy, and you can use the police to enforce the order. However ...
A landowner can issue proceedings in the County Court under Part 55 of The Civil Procedure Rules and gain an Interim Possession Order (IPO) under Part 55.20.
Unfortunately, in practice it is not that straightforward as the Police have limited resources and are not always in a position to enforce these orders promptly.
Consequently, in practice, as the police do not always have the resources to enforce them, they may be ineffective.
We have had a few commercial landlords come to us recently with IPOs who have asked us to evict squatters. They went down the IPO route as they believed it was quicker.
The problem is that an IPO can only be enforced by the Police. It cannot be enforced by a Court Bailiff or a High Court Enforcement Officer (HCEO).
This is because a Writ or Warrant of Possession is required for a Court Bailiff or High Court Enforcement Officer to enforce the eviction. This can only be gained once the full possession order is obtained.
There are various conditions that must be met before an IPO can be granted. These include:
Timeline of the process:
The IPO can only be enforced by the Police, unless peaceable entry can be gained.
Therefore, if the squatters refuse to leave, the landowner would have to request the police arrest them as they are committing an offence.
In practice however, the Police have resource restrictions and are not always able to assist, and may suggest that the landowner should engage bailiffs to evict the squatters using a writ or warrant of possession.
Landlords and their solicitors may be better off using one of the other available methods for evicting squatters quickly.
Quality Bailiffs has over thirty years of experience in the execution of warrants and writs on behalf of HCEOs, especially in the commercial rental sector.
For further information:
Contact Quality Bailiffs for immediate assistance with dealing with squatters.
This article was written by Andrew Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, a full member of The Association of British Investigators, and current CEO of Quality Bailiffs.
Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry.
This article does not constitute receiving professional advice legal or otherwise and is meant for educational purposes only. All information is provided in good faith and is used at the user’s own risk.
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