Recently we have seen the high-profile issue of squatters occupying celebrity chef Gordon Ramsey’s empty premises in central London.

Interim Possession Orders (IPO) can be a helpful tool for property owners facing unauthorised occupation or squatting on their premises. As a means of swiftly reclaiming possession, the IPO procedure aims to make it quicker to recover vacant possession of a premises that is illegally occupied.

What is an Interim Possession Order?

An IPO is a court order that enables property owners to regain possession of their property swiftly when it has been unlawfully occupied. Typically, this applies to scenarios where individuals have entered and are occupying premises without permission or a legal right, commonly known as squatting.

When Can an Interim Possession Order Be Granted?

To obtain an IPO, certain conditions must be met:

  1. Illegal Occupation: The premises must be illegally occupied, meaning the individuals present have no legal right to be there.
  2. Notification: The property owner must provide notice to the occupiers, informing them of their intention to seek possession of the premises.
  3. Prompt Application: The property owner must apply for an IPO promptly, within 28 days, after discovering the illegal occupation.

The Process of Obtaining an Interim Possession Order:

  1. Application: An IPO is applied for in the County Court nearest the premises.
  2. Service of the application: within 24 hours of the issue of the application, the property owner must serve notice of the upcoming Hearing on the occupiers.
  3. Hearing: The court will hold a hearing to assess the evidence and determine whether an IPO should be granted.
  4. Service: If granted, the IPO will be served on the occupiers, usually providing them with 24 hours to vacate the premises voluntarily.
  5. Possession: If the occupiers fail to vacate within 24 hours, the property owner can apply for a Warrant of Possession, which will enable the property owner to regain possession with the assistance of a High Court Enforcement Officer.

Benefits of Interim Possession Orders:

  • Speed: IPOs offer a swift resolution compared to traditional eviction processes, allowing property owners to regain possession in a more timely manner.
  • Legal Protection: By obtaining a court order, property owners can protect their rights and property interests while avoiding potential legal disputes.
  • Deterrence: The threat of an IPO can deter individuals from unlawfully occupying property, serving as a preventive measure against squatting.
  • Cost-Effective: IPOs can be a cost-effective solution for property owners, minimising the financial burden associated with prolonged legal proceedings.

Interim Possession Orders provide property owners with a valuable remedy for reclaiming possession of unlawfully occupied property. By following the proper procedures and obtaining a court order, property owners can swiftly regain control of their premises.

If you are faced with unauthorised occupation or squatting on your premises speed is of the essence and we are here to assist. If you need help with unauthorised occupation or squatting, please do get in touch.

We are here to help, contact our team today on 0800 84 94 101

The proposed abolition of section 21 evictions will introduce a simpler and more secure tenancy for a tenant. As “no fault evictions” will no longer exist, a landlord would have to have a valid ground for possession of the property, meaning that a tenant would have to have breached one of the clauses of the tenancy agreement. Currently, Section 21 allows landlords to reclaim their property with two months’ notice without the tenant being at fault, if the tenancy’s fixed term has ended.

To ensure that landlords remain able to obtain possession of their property if genuinely required, the grounds for possession are set to be reformed with the addition of new grounds under Section 8 of The Housing Act which will allow landlords to sell or move close family members into the property, or evict their tenant if redevelopment is taking place. After a tenant has lived in a property for six months, their landlord will be able to evict them under these “reasonable circumstances”. In addition to this, the grounds dealing with persistent rent arrears and anti-social behaviour will be strengthened.

Landlords will still need to serve notice on the prescribed form to their tenant with the required notice period. If a tenant does not leave the property, the landlord will need to go to court and provide evidence that the ground applies before being awarded possession.

The intention is for tenancies to be simplified by transitioning all tenancies to periodic tenancies, meaning that a tenancy would only end if the tenant chose to leave and provided two months’ notice to their landlord, or if the landlord had a valid reason to seek possession.

As well as the abolition of Section 21, the Bill will limit landlords to one rental increase per year. There will also be a new ombudsman for private landlords appointed to oversee independent investigations of landlords when tenants have made complaints, with the potential of the tenant being awarded up to £25,000 in compensation from landlords deemed to have acted improperly.

The Bill still needs to pass through parliament, but there is likely to be two stages to the abolition process. Stage one will transition all new tenancies to periodic agreements, and stage 2 will move all existing tenancies to the new system under a date given by the Secretary of State.

It is likely that it will take several months for the Bill to become law and there is also the possibility that the content of the Bill will change during the parliamentary process which began on 17 May 2023.

If you would like to talk about any of the matters above, please contact us on 0800 84 94 101