Applying for a Possession Order

The landlord should apply for possession at the nearest county court to the premises.

For an Interim Possession Order the landlord should complete form N5 (Claim form for possession of property) and N130 (Application for Interim Possession Order).

If the landlord does not know the names of the individual occupants the possession order can be made out against ‘persons unknown’.

The landlord should apply for possession at the nearest county court to the premises.

For an Interim Possession Order the landlord should complete form N5 (Claim form for possession of property) and N130 (Application for Interim Possession Order).

If the landlord does not know the names of the individual occupants the possession order can be made out against ‘persons unknown’.

The landlord will have to give an undertaking to the court that the occupier/s will be allowed back onto the premises (with compensation) if the court later decides that the landlord was not entitled to an interim possession order.

The landlord will also have to undertake not to let the premises, damage or dispose of them until the court makes its final decision by granting a full possession order. Once the landlord has completed the forms and taken them to the court an appointment will be fixed for a hearing. The hearing will take place as soon as possible but must be at least 3 days after the application is lodged. The landlord will be given copies of the completed N130 together with form N133 (witness statement of the defendant). Both notices must be served on the occupants.