Interim Possession Orders
This is a special procedure which can be used against squatters if you need to get them out within about 24-48 hours, which involves applying to the County Court or the High Court for an interim possession order. Please note that the Evicting Squatters kit does not cover interim possession orders. The reasons for this are:
The procedure is more complex than the standard proceedure (the one covered in our kit), and involves at least two hearings. An interim possession order is normally made at an initial hearing, after which the occupants will be obliged to leave within 24 hours. The possession order is then made final at second hearing. However, many people will prefer a simpler procedure with only one hearing.
You will normally be asked to give an ‘undertaking’ (i.e. a legally binding promise) to the court at the first hearing to
(1) let the squatters back in if you do not ultimately succeed in your claim, and
(2) not to re-let the property to anyone or sell it until after your possession order has been finalised.
Many people will prefer not to give any such undertaking to trespassers.
It is not usually necessary. The procedure used in this kit will generally get you an order for possession within two to three weeks of issue of proceedings (if the court is busy it could be a little longer). Most land owners are able to wait this amount of time to get their property back.
If it is absoutely essential that you get your property back within 48 hours, then this kit will not be suitable for you.
If you want to use the interim possession procedure, we would recommend that you take advice from a firm of solicitors, who will be able to act for you in obtaining an interim possession order. Be warned however that this could be expensive.
If you decide to do this, and do not have a solicitor of your own, you can find a suitable solicitor via our referral service by telephoning 0800 157 7602.
Note: if you have travellers on your land, you might want to try the >> procedure described here first.
