Form N133 UK: Oppose an Interim Possession Order
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If you have received papers warning that a landlord or property owner is applying for an interim possession order (IPO) against you, Form N133 is the witness statement you use to push back. An IPO is a fast-track route a claimant can take to recover possession of property from someone they say is occupying without permission, and it can be granted quickly if you do not respond properly.
Form N133 gives you the chance to set out, in your own words and verified by a statement of truth, why you believe you have a right to be there. Getting this form right matters: the court will weigh what you put in it against what the claimant has filed, often without a full hearing at the interim stage.
This page walks you through what the form is for, how it fits into the wider possession process, and the practical points to think about before you sign it.
What this document is
Form N133 is the official court form used by a defendant (the person occupying the property) to file a witness statement opposing an application for an interim possession order. An IPO is a remedy available to landowners and landlords under the Civil Procedure Rules where they say someone has entered or is occupying premises without their consent.
Because an IPO can be made quickly and carries criminal consequences if breached, the court gives the defendant a narrow window to respond in writing. The N133 is that response. On it, you explain who you are, where the property is, who (if anyone) gave you permission to be there, and the evidence that supports your version of events.
You also confirm, through a signed statement of truth, that the contents are accurate to the best of your knowledge. The form is not a full defence to the possession claim itself. It is aimed specifically at persuading the judge that an IPO should not be made while the main claim is still being worked out.
How to use this document
- Read the claim papers carefully. Before you write anything on Form N133, go through every document the claimant has served on you, including Forms N5, N121 and the supporting witness statement. Note the address in dispute, the date permission is said to have ended, and the grounds the claimant relies on. You can only respond properly once you understand exactly what is being alleged against you.
- Gather your evidence of permission. The core question for the court is whether you had, or still have, permission to occupy. Pull together anything that supports your position: a written tenancy agreement, a licence, rent receipts, bank transfers, text messages, emails, or details of a verbal arrangement with the owner or a previous tenant. Keep copies and be ready to exhibit the key items to your statement.
- Complete Form N133 accurately. Fill in your full name, occupation, address and the address of the disputed property. Set out in clear, chronological order how you came to be in the property, who allowed you in, and on what terms. Stick to facts you know first-hand. Avoid argument, speculation or anything you cannot back up if questioned later.
- Sign the statement of truth. At the end of the form you confirm that the contents are true. This is not a formality. Knowingly putting false information in a document verified by a statement of truth can lead to contempt of court proceedings. Read everything back before you sign, and correct anything that is inaccurate or overstated.
- File and serve within the deadline. Get the completed form to the court named on the claim papers before the hearing, and make sure the claimant or their solicitor also receives a copy. IPO timelines are short, so check the dates on the papers as soon as they arrive. If you miss the deadline, the judge may proceed without your evidence in front of them.
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 an interim possession order?
An interim possession order is a court order that can require someone to leave a property within 24 hours of it being served. It is designed for situations where a landowner says the occupier entered or stayed without consent. Because the order is granted quickly and breaching it is a criminal offence, the court offers the defendant a structured way to respond in writing, which is where Form N133 comes in.
Q Who can use Form N133?
Form N133 is for any defendant named in an IPO application who wants to oppose it. That typically means someone living at the property who disputes the claimant's version of events, for example where they say they had permission from the owner, a prior tenant, or a letting arrangement. It is not used by the claimant, and it is not the right form if you simply want to acknowledge the claim without opposing it.
Q How long do I have to respond?
The window is short. Once you are served with the IPO application papers, you usually have very limited time to file your witness statement before the hearing date shown on the documents. Exact timescales are set by the Civil Procedure Rules and the court's directions on the paperwork. Check the dates on the claim form as soon as you receive it and act straight away rather than waiting.
Q What evidence should I attach?
Attach anything that helps show you had permission to occupy or that the claimant's account is wrong. This might include a tenancy agreement, a licence, rent receipts, bank statements showing payments, keys handed over, messages about moving in, or a signed statement from the person who let you in. Label each exhibit clearly and refer to it in the body of your statement.
Q What happens if I do not file Form N133?
If you do not respond, the court will decide the IPO application on the basis of the claimant's evidence alone. That makes it far more likely the order will be granted, after which you could be required to leave the property very quickly. Even if your case has real merit, a judge cannot take it into account if it is not in front of them in the proper form.
Q Is Form N133 the same as my defence?
No. Form N133 is specifically about opposing the interim order. The underlying possession claim is a separate process with its own timetable and defence form. You may still need to file a defence to the main claim even if the IPO is refused, and the two documents can cover overlapping ground but serve different purposes in the proceedings.
Q Do I need to pay a fee to file Form N133?
Court fees change over time and vary depending on the step you are taking. There is not always a fee to file a witness statement in response to an existing application, but it is sensible to check the current position on gov.uk or with the court office handling your claim before you attend. If you are on a low income, you may be eligible for help with fees.
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.
- Guidance · UK GovForm N133 on gov.ukgov.uk
- Guidance · HMCTSCivil Procedure Rules Part 55 (Possession Claims)justice.gov.uk
- Guidance · UK GovHM Courts and Tribunals Servicegov.uk
Legal helpline
Facing an interim possession order?
An IPO moves quickly, and what you put on Form N133 shapes how the judge sees your side of the story. An experienced legal adviser can talk through your situation on the phone and help you think about what to include based on what you describe.
- Plain-English answers to your specific questions about the N133 process
- Practical perspective on what to include based on what you describe
- Guidance on timescales and what to watch out for in your case
- Clarity on how the interim order fits into the wider possession claim
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.