Interim possession order v full possession order

Interim possession order v full possession order

Considerations for a landowner

The general objective of any eviction is to regain possession and control of the property quickly, cheaply and with the least amount of difficulty. Therefore, when deciding between these possession orders there are numerous considerations that must be borne in mind. For the vast majority of our clients costs and time are at the forefront of their considerations due to further miscellaneous peripheral costs, such as; payment of wages, council tax, building rates, pushing delays in contracts and clean-up costs. The latter of these costs can total more than the eviction, highlighting the utmost importance of ensuring a possession order does not add to these peripheral costs greatly. We are experienced in assisting our clients to ascertain these peripheral costs and ensure that they are considered and acted upon.

The Orders

Full possession

A full possession hearing is routinely sought after by landowners from the outset. However, this is generally only worth doing when the specific circumstances require it. For instance, if the trespassers have been in the property for more than 30 days then it will usually be necessary to follow this procedure. However, we often find it quicker and more expedient for clients to put in for an IPO in order to fast track their full possession hearing, which the court can expedite on the clients behalf.

IPO (Interim possession order)

An IPO differs as it is an accelerated procedure; it is held prior to the full possession hearing. This allows the parties to see who has the better claim of ownership. To regain possession there must be compliance with certain requirements, we will ensure you are able to fully comply from the outset of instruction and we can assist you in ensuring that you meet all procedural needs.

However, the nature of an interim possession order (IPO) means it is an expedited process and subsequently, is only available under certain circumstances. But overall, the IPO is generally superior compared to the full possession hearing, especially when it comes to costs and the speed of possession, usually being cheaper and faster forms of possession.  Even where the IPO is liable to fail, it is often still worthwhile putting in for the IPO to get the full possession hearing quicker.

Overall impressions

Therefore, when a client instructs us we will ascertain which route is the most viable, which typically is largely constrained by the specific circumstances of the instruction. If you have any queries about either of these routes then please don’t hesitate to contact us at your convenience. We have experience with both routes and have a proven track record of assisting clients with these orders. Client care is at the forefront of our objectives, for both their properties and their pockets and unfortunately each instruction is largely dependent on circumstance.