What happens if the Interim Possession Order is granted?

If the judge agrees to grant an Interim Possession Order the landlord must serve this order on the occupants within 48 hours of it being granted. After this time the Order will lapse.

The order, together with copies of form N5 and N130, can be served in the same way that the notice of possession hearing was served (unless the judge specifies a method of service). The landlord will have to complete another form N215 to state how the papers were served on the occupants.

If the judge agrees to grant an Interim Possession Order the landlord must serve this order on the occupants within 48 hours of it being granted. After this time the Order will lapse.

The order, together with copies of form N5 and N130, can be served in the same way that the notice of possession hearing was served (unless the judge specifies a method of service). The landlord will have to complete another form N215 to state how the papers were served on the occupants.

It is a criminal offence to disobey the interim possession order. If the occupants do not leave within 24 hours of service of the order, the landlord can ask the police to arrest them. If convicted they can be imprisoned, or fined, or both. (When contacting the police, the landlord will have to give them a copy of the interim possession order and a copy of the form N215 to show how the order was served.)

The occupant can apply to set aside the interim possession order but only if they comply with the order first. Once they have moved out of the property they will have to complete form N133 explaining why the interim possession order should be set aside. It cannot be set aside simply because the occupant did not attend the possession hearing.

If it is not set aside, the interim possession order will contain the date for a further hearing where the judge will make a final decision on possession. Both the landlord and the (former) occupant can attend the hearing and offer evidence.

If the judge finds for the occupant then the landlord will have to obey the undertakings they gave at the interim hearing to allow the occupant to return.

If the judge finds for the landlord then he may be asked to execute a warrant for possession.