Circuit Court Rules

ORDER 51

LANDLORD AND TENANT

Ejectments

1. (1) In all actions for the recovery of land the civil bill shall contain a sufficient description of the property sought to be recovered, and the place wherein the same is situate.

(2) In every ejectment for non-payment of rent or overholding, the civil bill shall specify the names of the landlord and lessor, and tenant or tenants, respectively, the nature of the tenancy, and the rent at which the same shall be then or shall have been last holden, and in cases where the proceedings shall be grounded upon the tenancy having been determined, the fact of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent, the amount of the rent due after all fair and just allowances, specifying up to what gale day the same is due.

(3) In ejectment proceedings for non-payment of rent or for overholding, it shall not be necessary to serve the civil bill upon any person other than the person or persons in actual possession of the lands, or any part thereof, as tenant or under-tenant, but in all other actions for the recovery of land every person in the actual possession, or in receipt of the rents and profits, of the lands, or any part thereof, shall be served, unless the court shall otherwise direct.

(4) Service of the civil bill in any action for the recovery of land may, in case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the civil bill upon the door of the dwellinghouse or some other conspicuous part of the property; provided, however, that in such cases before judgment for possession shall be given, the Judge shall be satisfied that there was no person in actual possession, or in receipt of the rents or profits, upon whom other service might have been effected.

(5) The defendant in any ejectment for non-payment of rent, or any person having a specific interest in the contract of tenancy, may at any time before the decree for possession shall have been executed, pay to the plaintiff, or his solicitor, all rent and arrears of rent due at the time of the service of the civil bill, and a sum sufficient to cover the plaintiff’s costs, or may tender the same, and, in case such tender be refused, may lodge the same in court and give notice to the plaintiff or his solicitor of such lodgment, and thereupon the Judge may order all further proceedings to be stayed upon payment of such costs incurred up to the date of tender as he may deem reasonable, and the money so lodged, or a sufficient part thereof, shall be paid over to the plaintiff or his solicitor.

(6) The Judge, upon pronouncing a decree in any ejectment where there shall be more than one defendant, may order that the costs of such ejectment shall be paid by one or more of such defendants and not by the other or others of them.

(7) Upon every execution order for possession in ejectment for non-payment or rent, there shall be a statement of the amount then due for rent and costs. If at any time after the delivery to the Sheriff of such order, but before execution, the defendant pays to the Sheriff the sum so stated for rent and costs, and the amount of expenses properly incurred by the Sheriff for the purpose of executing such order, the Sheriff shall thereupon stay execution.

(8) After execution in the case of ejectment for non-payment of rent the court may grant an order of restitution, or give any other relief in equity, on the application of the defendant or any other person having a specific interest in the contract of tenancy, and on the payment to the plaintiff or the lodgment in court of the amount due for rent, arrears of rent and costs, within six months after the execution as provided by sections 70 and 71 of the Landlord and Tenant Law Amendment Act (Ireland), 1860.

Landlord and Tenant (Amendment) Act, 1980

2. (1) In this Order ‘the Act’ means the Landlord and Tenant (Amendment) Act, 1980 (No 10 of 1980).

(2) All applications shall be brought by civil bill being a Landlord and Tenant civil bill in accordance with Form 21 in the Schedule of Forms, or such modifications thereof as may be appropriate.

(3) All landlord and tenant civil bills shall be dated and shall bear the name, address and description of the plaintiff and an address for service of proceedings, and shall be signed by the party’s solicitor, if any, or, where the plaintiff does not have a solicitor, by that party personally.

(4) On the issuing of a landlord and tenant civil bill, the rules as set down in Order 11 of these Rules shall apply mutatis mutandis.

(5) If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within 10 days after the service on him of the civil bill enter an appearance and within a further 10 days shall deliver to the plaintiff and any other parties a defence in accordance with Form 6A in the Schedule of Forms, or as near thereto as the circumstances admit.

(6) There shall be attached to every such civil bill, and served and filed therewith, any documents therein referred to as annexed thereto.

(7) Save by special leave of the court, all proceedings under the Act shall be heard upon oral evidence.

(8) Any application under the 1980 Act may be brought together with any other application or applications upon the same civil bill.

(9) Upon the application on notice of any party, the Judge may order any other party to deliver fuller and better particulars of any matters stated in the civil bill or defence, or to deliver copies of any documents referred to therein. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such order the Judge may deal with the matter as to him shall seem right.

(10) Any person desirous of paying money into court pursuant to section 61 or section 62 of the Act shall be entitled to obtain from the County Registrar a privity for such purpose, and such money shall be paid in upon such privity.

(11) A person who has so paid money into court shall forthwith serve notice of such payment upon the tenant, if the payment is in pursuance of section 61 of the Act, and upon the tenant and the alleged mortgagee, if the payment is in pursuance of section 62 of the Act. Such notice of payment shall state the distinguishing letter and number of the privity.

Landlord and Tenant (Ground Rents) Acts, 1967

3. (1) In this Order ‘the Act’ means the Landlord and Tenant (Ground Rents) Act, 1967.

(2) An appeal to the court under section 22 (1) of the Act, shall be commenced by the issue of a notice of motion, which shall be in accordance with Form 32A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and shall be called an action.

(3) The appellant shall be the plaintiff and the other party to the arbitration under the Act shall be the defendant.

(4) The notice of motion shall state whether the appeal is from the whole or part of the award, order or other decision of the County Registrar or the Property Registration Authority, and if the appeal is from a part only it shall specify such part.

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(5) An application to the court under section 22(3) of the Act for leave to enforce the award or order of the County Registrar or the Property Registration Authority shall be commenced by the issue of a notice of motion which shall be in accordance with Form 32B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and shall be called an action.

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(6) The applicant shall be the plaintiff and the other party to the arbitration shall be the defendant.

(7) In every action the notice of motion shall be served in accordance with the provisions of Order 11 of these Rules. The notice of motion in an action by way of appeal to the Circuit Court under section 22(1) of the Act shall be served within six weeks after the date of the award, order or decision of the County Registrar or the Property Registration Authority.

[SI 312/07]

(8) This rule shall not apply to the Dublin circuit. Every notice of motion shall state the date of commencement of the sittings at which it is intended that the action shall be listed for hearing, and shall be filed in the office not later than 21 days before the commencement of such sittings.

(9) This rule shall apply to the Dublin circuit only. Every notice of motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed in the office not later than 21 days before such date.

(10) Upon the filing in accordance with these Rules of the notice of motion the County Registrar shall enter the same for hearing.

(11) Every notice of motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

(12) If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within 10 days after the service on him of the notice of motion, serve on the plaintiff and any other parties a defence in accordance with Form 6A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and such defence shall be delivered to the plaintiff within seven days after the date of the last service thereof.

(13) Every notice of motion shall be dated, and bear the name, address and description of the plaintiff, and shall be signed by his solicitor, if any, or, if none, by himself.

(14) Save by special leave of the court every action under the Act shall be heard upon oral evidence.

(15) A copy certified by the County Registrar or the Property Registration Authority of the award, order or decision appealed from or in respect of which an application is made shall be produced to the court by the plaintiff on the hearing of the action.

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(16) In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

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