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Interim possession orders (IPO)

An interim possession order is a fast court order for getting trespassers out of premises. It has strict rules and criminal consequences for both sides.

Last updated 2 November 2026

What an IPO is

Section 75 of the Criminal Justice and Public Order Act 1994 refers to an interim possession order as an order made under the rules of court in summary proceedings to recover possession of premises occupied by trespassers. It applies in England and Wales. The Act itself does not set out the application conditions. These are in the court rules and forms, which we could not open for this guide, so do not rely on our page for deadlines or forms. Check the current process on GOV.UK or ask a solicitor.

When owners use it

An IPO is generally an option for someone entitled to possession of premises who finds trespassers living there. It is meant to be quicker than an ordinary possession claim. It is not a way to remove tenants who are lawfully in occupation, and it should not be used where the facts are in dispute without legal advice. See tenants and squatters. Because the process is fast and the court relies on your statement, accuracy is essential.

Telling the truth: section 75

Section 75 creates two offences about false statements in these proceedings:

• Obtaining an IPO: making a statement you know is false or misleading in a material particular, or making such a statement recklessly, to get an order.
• Resisting an IPO: doing the same to stop one being made.

The penalties are up to two years' imprisonment, a fine or both on indictment, and on summary conviction up to six months, a fine up to the statutory maximum or both. "Statement" covers written or spoken statements, whether of fact or belief.

Trespassing after an IPO: section 76

Where an IPO has been made for premises and served in accordance with the court rules:

• A person who is present on the premises as a trespasser at any time while the order is in force commits an offence.
• It is a defence if the person leaves within 24 hours of service and does not return, or if a copy of the order was not fixed to the premises as the court rules require.
• A former occupier who was in occupation when the order was served commits an offence by re-entering as a trespasser, or attempting to, after the order expires. This applies only within one year of the day of service.
• The maximum on summary conviction is six months' imprisonment, a fine up to level 5, or both.

The old power of arrest for this offence, which allowed a constable in uniform to arrest without warrant, is shown as repealed for England and Wales with effect from 1 January 2006. Police arrest powers now follow the general rules.

What happens after the order

The 24-hour defence shows the order's purpose: occupiers who leave promptly and stay away are not convicted. If they stay, the offence under section 76 applies, which also gives the police a basis to act. The IPO is an interim measure. There is a further stage in the case in which the court decides the claim for possession; a solicitor can explain what happens next for your case.

Alternatives

• For a home, a report of a section 144 offence to the police. See squatting in residential buildings.
• An ordinary possession claim, which is slower.
• For groups on land, a police direction under section 61. See police and squatters.

Defending an IPO

If an IPO application is served on you, take legal advice at once, and tell the truth. Shelter and Citizens Advice can point you to free advice. Do not ignore papers.

This is general information about the law in the UK, not legal advice. Property law is technical, rules differ between England and Wales, Scotland and Northern Ireland, and the facts of your case matter. Check the official sources linked on this page and speak to a solicitor, Citizens Advice or Shelter before you act. Last checked November 2026.

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