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Form N130 UK: Interim Possession Order Guide

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If someone is occupying your property without permission, an interim possession order can be a faster route to getting them out than waiting for a standard possession claim. The application is made using court form N130, and if the court grants the order, the occupiers have just 24 hours from service to leave the premises, or they commit a criminal offence. This route is designed for situations where the owner or person entitled to possession needs to act quickly, most commonly against trespassers or squatters. It is not a tool for ending a tenancy or dealing with former tenants who originally entered with consent. Below you will find a plain-English walkthrough of what form N130 covers, how the process unfolds, and what to think about before filing.

What this document is

An interim possession order, often shortened to IPO, is a short-term court order that requires people occupying property without the owner's permission to leave within 24 hours of the order being served on them. It is different from a final, or outright, possession order, which deals with permanent possession rights following a full hearing.

Form N130 is the application document you submit to the County Court to start the process. It sits alongside form N130A, which is the witness statement supporting the claim. The purpose of the interim order is to remove occupiers quickly while the court still arranges a later hearing to decide the underlying possession claim in full.

An IPO is generally only available where the property was entered without consent, the application is made within 28 days of the applicant becoming aware of the occupation, and the person applying has an immediate right to possession. If the occupier was originally let in as a tenant or licensee, this route is not normally open, and a standard possession claim is required instead.

How to use this document

  1. Check that an interim possession order is the right route. Before completing form N130, confirm that the occupiers entered without your permission, that you have an immediate right to possession, and that you are acting within the time limit set by the Civil Procedure Rules. If the occupation started with consent, a different possession procedure will apply. 2. Complete form N130 and the supporting witness statement. Fill in your name and address, the address of the property, and evidence of your right to possession. Name any occupiers you know of, or state clearly that you do not know their identities. You must confirm that they are in occupation without your consent, and set out the undertakings you are prepared to give to the court. 3. Give the required undertakings. The court expects certain promises from the applicant, including a promise to reinstate the occupiers if the IPO is later set aside, a promise not to grant rights of occupation to anyone else before the full hearing, and a promise not to damage the property or its contents in the meantime. These undertakings form part of the application itself. 4. File the application and pay the court fee. Submit the completed form along with your witness statement to the appropriate County Court hearing centre, along with the relevant fee. Check gov.uk for the current amount, as court fees are updated from time to time. The application must be verified by a statement of truth, and giving false information is a criminal offence. 5. Serve the order and attend the hearing. If the court grants the IPO, it must be served on the occupiers within the timeframe the court sets. The occupiers then have 24 hours from service to leave. A further hearing will be listed to consider the full possession claim, and the occupiers can attend and apply to have the interim order set aside if they wish.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q What is the difference between an interim possession order and a regular possession order?
An interim possession order is a fast, short-term order that requires occupiers to leave within 24 hours of being served. A regular, or final, possession order deals with the ongoing right to possess the property and follows a full hearing. The interim order is essentially a quick intervention while the court deals with the underlying claim in the normal way afterwards.
Q Can I use form N130 against a former tenant?
Generally no. An interim possession order is aimed at occupiers who entered the property without consent, such as trespassers or squatters. If the person was originally a tenant or licensee and has simply refused to leave at the end of their agreement, you would normally need to follow the standard possession procedure instead. If you are unsure which route fits, it is worth talking it through before filing.
Q What happens if the occupiers ignore the order?
Failing to leave within 24 hours of an interim possession order being served is a criminal offence. Occupiers who remain in the property can be arrested by the police and may face prosecution, which can lead to a fine, imprisonment, or both. This is one of the main reasons the IPO route can be faster than a standard possession claim, because enforcement does not depend on bailiffs alone.
Q Is there a time limit for applying?
Yes. Under the Civil Procedure Rules, an application for an interim possession order must generally be made within 28 days of the date on which the applicant first knew, or ought to have known, that someone was in occupation. If you delay beyond this window, the IPO route is usually no longer available and a standard possession claim will be needed instead.
Q What undertakings do I have to give the court?
The court asks the applicant to promise certain things as a condition of the order. These typically include reinstating the occupiers if the interim order is later set aside at the full hearing, not granting any new rights of occupation to third parties before then, and not damaging the property or anything in it. These promises protect the occupiers while the matter is still being decided.
Q Do I need a solicitor to apply for an interim possession order?
You can apply without a solicitor, but the procedure is time-sensitive and the paperwork has to be accurate. A false or misleading statement of truth is a criminal offence, and court staff cannot give legal guidance on your situation. Many applicants find it useful to talk through the process with someone experienced before filing, particularly around the undertakings and service requirements.
Q What happens at the full hearing after the IPO?
After the interim order is granted, the court lists a further hearing to decide the underlying possession claim. The occupiers have the right to attend this hearing, put their side of the story, and ask the court to set aside the interim order. If the court grants a final possession order at that stage, it replaces the interim one and deals with possession on a longer-term basis.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.