Circuit Court Rules

ORDER 51A

RESIDENTIAL TENANCIES ACT, 2004 (NO 27 OF 2004)

[SI 410/06]

1. In this Order —

‘the Act’ means the Residential Tenancies Act, 2004 (No 27 of 2004);

‘a determination order’ shall be interpreted having regard to the provisions of section 121 of the Act;

‘the Board’ means the Private Residential Tenancies Board as established by section 150 of the Act, and

‘the Circuit’ shall mean the Circuit Court circuit in which such tenancy or dwelling is or was situated.

[SI 388/05]

1A. (1) An appeal to the Circuit Court under section 84(5) or section 88(4) of the Act, shall be commenced by the issue of a notice of motion, which shall be in accordance with Form 44A or Form 44B as appropriate of the Schedule of Forms, or such modification thereof as may be appropriate, and shall be called an action. The notice of motion shall be issued within such period as may be specified in rules made by the Board with the consent of the Minister for the Environment, Heritage and Local Government in accordance with section 109 of the Act. The appellant shall be the plaintiff and the Board and the other party to the dispute referred to the Board shall be the defendants. The motion shall be supported by a grounding affidavit setting out the facts relied upon in the appeal.

(2) Appeals shall be brought in the county in which the tenancy or dwelling concerned is or was situated.

(3) In every action the notice of motion shall be served no later than 14 days prior to the return date thereon. In the case of the Board, notice shall be given by leaving a true copy of the notice of motion and grounding affidavit at the registered offices of the Board or by delivering same by prepaid registered post to the registered offices of the Board, and otherwise service shall be in accordance with the provisions as to service of civil bills and other documents contained in Order 11.

(4) 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 issued and filed by the plaintiff in the office not later than 21 days before the commencement of such sittings. This rule shall not apply to the Dublin circuit.

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

(6) Save by special leave of the court, every action to which this rule relates shall be heard upon affidavit.

[SI 410/06]

2. (1) All applications under section 124 of the Act by way of claim for enforcement of determinations orders by the Board or a party mentioned in a determination order shall be made by way of motion on notice in accordance with Form 44C in the Schedule of Forms with such amendments as are appropriate which shall set out the grounds on which the applicant relies for the reliefs sought and which shall have annexed thereto the original determination order or a certified copy of same, certified by the applicant as being a true copy of the determination order. The motion aforementioned shall be supported by a grounding affidavit setting out the facts being relied upon in the enforcement application.

[SI 410/06]

(2) Applications shall be brought in the circuit in which the tenancy or dwelling concerned is or was situated.

(3) Notice of every application shall be given to the respondent(s) in question by serving notice of the proceedings (being the notice of motion and grounding affidavits, if any,) no later than 10 days prior to the return date specified in the notice of motion, personally in accordance with the provisions of these Rules, or by leaving a true copy of same at the respondent’s residence or place of business or by prepaid registered post to the respondent’s residence or place of business. If the respondent intends to oppose the application and the applicant is not the Board, the respondent shall give notice of such intention to oppose to the Board no later than five days prior to the return date specified in the notice of motion and such notice shall be served by leaving a true copy of same at the registered offices of the Board or by prepaid registered post to the registered offices of the Board.

(4) Save by special leave of the court, all applications under section 124 of the Act shall be heard upon affidavit evidence or as may be determined by the court.

[SI 388/05]

3. (1) All applications for interim or interlocutory relief under section 189 of the Act shall be made by way of motion on notice which shall set out the grounds on which the applicant relies for the reliefs sought or, in cases of urgency, by ex parte docket which shall set out the grounds on which the applicant relies for the reliefs sought. The notice of motion or ex parte docket aforementioned shall be supported by a grounding affidavit setting out the facts being relied upon in seeking the interim or interlocutory relief in question.

(2) Applications shall be brought in the circuit in which the tenancy or dwelling concerned is or was situated.

(3) Where an application is being brought by notice of motion, no less than four days’ notice thereof shall be given, such notice to be served personally in accordance with the provisions of these Rules, or by leaving a true copy of same at the respondent’s residence or place of business or by prepaid registered post to the respondent’s residence or place of business.

(4) Save by special leave of the court, all applications under section 189 of the Act shall be heard upon affidavit evidence or as may be determined by the court.

[SI 388/05]

4. The court may make such order as to costs as may be appropriate.

[SI 388/05]

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