Form N133: How to Oppose an Interim Possession Order (IPO)

At a glance

• What Form N133 is for: the defendant's witness statement opposing a claimant's application for an Interim Possession Order (IPO) under CPR Part 55, Section III.
• When the IPO route is available: only in a possession claim against trespassers, where the claimant has had an immediate right to possession throughout the alleged unlawful occupation, and the application is made within 28 days of the claimant first knowing (or reasonably ought to have known) the defendant was in occupation — CPR 55.21(1).
• Not available where there was consent: an IPO cannot be sought against a defendant who entered or remained with the consent of a person who, at the time, had an immediate right to possession — CPR 55.21(2).
• The hearing comes fast: the hearing of the IPO application must be no less than three days after the claim is issued, and the claimant must serve the papers on the defendant within 24 hours of issue — CPR 55.22(6) and 55.23(1).
• No fixed deadline, but act immediately: CPR 55.24 lets you file your witness statement at any time before the hearing — there is no separate extension mechanism if you leave it too late.
• The statement of truth carries criminal risk: knowingly or recklessly making a false or misleading statement in a material particular, to resist or obtain an IPO, is an offence under section 75 of the Criminal Justice and Public Order Act 1994.
• Breaching a made IPO is a separate offence: remaining on the premises as a trespasser once an IPO has been served, or re-entering within a year of it expiring, is an offence under section 76 CJPOA 1994 — up to six months' imprisonment, a level 5 fine, or both.
• A made IPO is temporary: it requires the defendant to leave within 24 hours of service, and it expires automatically at the hearing of the full possession claim, which the court lists at least seven days later — CPR 55.25(3)–(4) and 55.27(2).
• You can apply to set aside if you've already left: CPR 55.28 lets a defendant who has left the premises apply urgently to have the IPO set aside before the main hearing.

What an interim possession order is, and where Form N133 fits

An interim possession order is a summary remedy for a person with an immediate right to possession of premises who says someone is occupying them as a trespasser. It sits in CPR Part 55, Section III (rules 55.20–55.28), alongside — but separate from — the general possession-claim procedure in Section I. The underlying statutory offences that give the order its teeth were created by Part V of the Criminal Justice and Public Order Act 1994, under the "squatters" provisions at sections 75 and 76.

Because an IPO can require someone to vacate within 24 hours of service, and because staying afterwards is a criminal offence, the rules build in a formal opportunity for the occupier to be heard before the order is made. Form N133 is that opportunity. On it, the defendant sets out who they are, the address in dispute, whether anyone gave them permission to be there, and the evidence supporting their account — verified by a statement of truth. Form N133 is not a defence to the main possession claim; it addresses only whether the interim order should be granted while that claim is still being decided.

When can a claimant apply for an IPO?

CPR 55.21(1) sets three conditions that must all be satisfied before an IPO application can be made:

1. The only claim is a possession claim against trespassers for the recovery of the premises — no other claim can be combined with it.
2. The claimant has an immediate right to possession, and has had that right throughout the whole period of the alleged unlawful occupation. If the claimant only acquired the right to possession after the occupation began, the IPO route is not available for that period.
3. The application is made within 28 days of the date the claimant first knew, or reasonably ought to have known, that the defendant was in occupation.

CPR 55.21(2) adds a further limit that often decides these cases: an IPO cannot be made against a defendant who entered or remained on the premises with the consent of a person who, at the time that consent was given, had an immediate right to possession. If you were let in by a tenant, a previous occupier, or the owner themselves, and that person had the right to give you permission at the time, this is usually the single most important fact to set out clearly in Form N133.

The CPR 55 timeline: application to hearing

The IPO procedure moves through a fixed sequence of steps, each with its own rule:

1. The application (CPR 55.22). The claimant files a claim form together with an application notice and written evidence, given personally by the claimant (or, where the claimant is a company, by a duly authorised officer). The court then issues the claim form and the IPO application and fixes a hearing date — which must be no less than three days after the date of issue.
2. Service (CPR 55.23). Within 24 hours of the application being issued, the claimant must serve the defendant with the claim form, the application notice and supporting evidence, and a blank form for the defendant's witness statement. The claimant must file a certificate of service at or before the hearing.
3. The defendant's response (CPR 55.24). At any time before the hearing, the defendant may file a witness statement in response — this is Form N133.
4. The hearing (CPR 55.25). The court considers whether the claimant has given adequate undertakings (including to reinstate the defendant and pay damages if the claimant turns out not to have been entitled to the order, and not to damage the premises or the defendant's property in the meantime). If the court is satisfied the CPR 55.21(1) conditions are met, service has been proved, and any undertakings are adequate, it will make the IPO. If not, the court instead fixes a date for a normal hearing of the possession claim under Section I.
5. If an IPO is made (CPR 55.25(3)–(4)). The order requires the defendant to leave within 24 hours of service, and the court simultaneously fixes a date — at least seven days later — for the hearing of the underlying possession claim.
6. Service and enforcement of the IPO (CPR 55.26). The order itself must be served within 48 hours of being sealed. If it is not served in time, the claimant must apply to the court for directions to continue the claim under the general rules instead.
7. After the IPO is made (CPR 55.27). The IPO expires automatically on the date of the hearing of the possession claim. At that hearing the court can make a final possession order, dismiss the claim, direct that it continue under Section I, or enforce any of the claimant's undertakings.

Completing Form N133

1. Read every document you have been served with. Go through the claim form, the application notice, and the claimant's written evidence carefully. Note the address in dispute, the date the claimant says your occupation began, and exactly what they allege.
2. Gather evidence of your right to be there. The central question under CPR 55.21(2) is whether you entered or remained with the consent of someone who, at the time, had an immediate right to possession. Collect a tenancy agreement, licence, rent receipts, bank transfers, messages, or a statement from whoever let you in.
3. Complete the form accurately. Give your full name, occupation, address and the address of the disputed premises. Set out in clear, chronological order how you came to be there, who allowed it, and on what terms. Stick to facts within your own knowledge and avoid speculation.
4. Sign the statement of truth. This confirms the contents are true to the best of your knowledge. Under section 75 of the Criminal Justice and Public Order Act 1994, knowingly or recklessly including a false or misleading statement in a material particular to resist an IPO is a criminal offence — read everything back before signing.
5. File it before the hearing — as early as possible. CPR 55.24 allows filing at any time before the hearing, but given the minimum three-day gap between issue and hearing, and the 24-hour service window, there is often very little time. Check the hearing date on the papers the moment they arrive.

The criminal offences behind an IPO

Two distinct offences under Part V of the Criminal Justice and Public Order Act 1994 make the IPO process higher-stakes than an ordinary possession claim:

Section 75 — false or misleading statements. It is an offence to knowingly or recklessly make a statement that is false or misleading in a material particular, either for the purpose of obtaining an IPO or for the purpose of resisting one. This applies equally to the claimant's evidence and to the defendant's Form N133. On indictment, the maximum penalty is two years' imprisonment or a fine, or both; on summary conviction, up to six months' imprisonment or a fine up to the statutory maximum, or both.

Section 76 — trespassing during the currency of the order. Once an IPO has been made and served, a person present on the premises as a trespasser at any time while it is in force commits an offence — unless they leave within 24 hours of service and do not return, or the order was not fixed to the premises as the rules require. Anyone who was in occupation at the time of service is treated as present as a trespasser for this purpose. A separate offence applies to re-entering, or attempting to re-enter, the premises as a trespasser within one year after the order expires. Both offences carry up to six months' imprisonment, a fine at level 5 on the standard scale, or both, on summary conviction.

Setting aside an IPO if you've already left

If you have left the premises after an IPO was served — whether within the 24-hour window or afterwards — CPR 55.28 lets you apply, on grounds of urgency, to have the order set aside before the date fixed for the hearing of the possession claim. The application must be supported by a witness statement. The court will then give directions on the hearing date for the set-aside application and on what notice, if any, must be given to the claimant. Where no notice is required, the set-aside hearing deals only with whether the IPO should be set aside and whether any undertaking to reinstate you should be enforced — everything else is left to the hearing of the main claim.

Common mistakes to avoid

• Missing the consent point. If someone with the right to give permission let you into the property, CPR 55.21(2) means an IPO should not be made at all — say so clearly and back it up with evidence, rather than burying it in general narrative.
• Waiting too long to file. There is no set number of days for a defendant's response, but the whole process from issue to hearing can run to only a handful of days. Treat the date on the papers as an immediate deadline.
• Overstating or guessing. Because Form N133 is verified by a statement of truth and section 75 CJPOA 1994 makes false or reckless statements a criminal offence, include only what you know to be accurate — flag anything you are unsure about rather than presenting it as fact.
• Assuming the IPO is the whole case. Even if the IPO application fails, the underlying possession claim continues; a refused or set-aside IPO is not the end of the matter.
• Staying put after a valid IPO is served. Once served, remaining as a trespasser (beyond the 24-hour grace period for leaving) is a separate criminal offence under section 76, independent of anything decided later at the possession hearing.

If you are unsure whether the IPO conditions are met in your case, or what evidence will carry weight, see our wider guide to County Court forms, our companion guide to applying for an interim possession order (the claimant's side of the same process), and our plain-English glossary of County Court terms if any of the language on your papers is unfamiliar.

This guide provides general information about opposing an interim possession order in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.