The Civil Procedure Rules 1998

Conditions for interim possession order application

Rule 9  In proceedings for possession under Part I of this Order, an application may be made for an interim possession order where the following conditions are satisfied—

(a) the only claim made in the proceedings is for the recovery of premises;

(b) the claim is made by a person who—

(i) has an immediate right to possession of the premises; and

(ii) has had such a right throughout the period of unlawful occupation complained of;

(c) the claim is made against a person (not being a tenant holding over after the termination of the tenancy) who entered the premises without the applicant’s consent and has not subsequently been granted such consent, but no application for an interim possession order may be made against a person who entered the premises with the consent of the person who, at the time of entry, had an immediate right to possession of the premises; and

(d) the claim is made within 28 days of the date on which the applicant first knew, or ought reasonably to have known, that the respondent, or any of the respondents, was in occupation.