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S.I. No. 296/1982 -- District Court [Housing (Private Rented Dwellings) Act, 1982] Rules, 1982.

S.I. No. 296/1982 -- District Court [Housing (Private Rented Dwellings) Act, 1982] Rules, 1982. 1982 296

S.I. No. 296/1982:

DISTRICT COURT [HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982] RULES, 1982.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:--

1. These Rules may be cited as the District Court [ Housing (Private Rented Dwellings) Act, 1982 ] Rules, 1982.

2. These Rules shall come into operation on the 22nd day of September, 1982, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules--

"the Act" means the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982);

"Form" means a form set out in the Schedule of Forms annexed to these Rules, or such modification thereof as may be suitable.

4. Proceedings under the Act may be brought, heard and determined before any sitting of the Court for the transaction of summary business for the district court area or, in the case of the Dublin Metropolitan District, the district in which is situated the dwelling in relation to which the proceedings are brought.

5. (i) Notices required to be served under these Rules shall be served in accordance with section 4 of the Act, and where service is effected by registered post the provisions of section 7 of the Courts Act, 1964 (as amended) shall apply.

(ii) Every notice shall be served one month at least before the sitting of the Court to which the notice has been made returnable. Proof of service shall be by statutory declaration. The original of every such notice, with a statutory declaration of service endorsed thereon, shall be lodged with the district court clerk seven days at least before such sitting.

(iii) Where proceedings are brought in the Dublin Metropolitan District, the original and copy of every notice intended for service shall be lodged with the district court clerk for insertion of the return date thereon.

6. An application to the Court under section 9 (5) of the Act shall be by notice in the Form 1 which shall be served on each member of the original tenant's family who was at the time of the relevant death bona fide residing in the dwelling and on the landlord of the dwelling. The order of the Court shall be in the Form 2.

7. (i) An application under section 12 (1) of the Act for an order fixing the terms of a tenancy shall be by notice in the Form 3 which shall be served on the other party.

(ii) Where the Court fixes the terms of a tenancy the landlord shall, before furnishing the tenant with a copy of the order, lodge a draft with the district court clerk for approval by the Court. The approved draft with an original and copy or copies shall be returned to the clerk who shall certify and return the copy or copies and retain the original with the other court records in the matter.

8. Where a dispute, failure or question arises or occurs, the application under section 12 (4) of the Act shall be by notice in the Form 4 which shall be served on the other party. The order of the Court shall be in the Form 5.

9. An application under section 15 of the Act for an order determining compensation for improvements shall be by notice in the Form 6 which shall be served on the landlord, and the order of the Court shall be in the Form 7.

The landlord may, not later than seven days after being served, lodge in Court a sum which he says is sufficient to satisfy the claim, together with the appropriate costs on the scale for undefended cases and shall at the same time give notice in writing to the applicant of the lodgment. The applicant may, not later than seven days after the lodgment, withdraw in full settlement the sums lodged. If he does not so withdraw, he shall be liable for all costs incurred thereafter unless the amount of compensation determined by the Court exceeds the amount lodged therefor. The fact of such lodgment shall not be disclosed to the Court until the amount of compensation, if any, has been determined.

10. (i) Where recovery of possession of a dwelling under section 16 of the Act is sought, the applicant shall serve notice of application on the tenant in the Form 8. The warrant for delivery of possession shall be in the Form 9.

(ii) An application to stay execution or postpone the date of possession under section 18 of the Act shall be by notice in the Form 10 which shall be served on the other party. In case of urgency, however, the application may be made ex parte.

11. An application under section 19 of the Act for an order for compensation shall be by notice in the Form II which shall be served on the landlord, and the order of the Court shall be in the Form 12.

12. An appeal under section 26 (5) of the Act shall be by notice in the Form 13 which shall be served on the housing authority and on the tenant. The order of the Court shall be in the Form 14.

13. The district court clerk shall keep a book which shall be known as the "Private Rented Dwellings Book" in which shall be entered particulars of all notices served and lodged, and details of all proceedings on foot thereof.

14. Costs of proceedings under sections 12 (1), 15 and 16 of the Act shall be in accordance with the scales of costs set out in the schedule of costs annexed to these Rules. Costs of other proceedings may be measured under Rule 67 of the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ).

SCHEDULE OF FORMS

General heading to be used on all forms:--

AN CHÚIRT DÚICHE		THE DISTRICT COURT

Rule 6		Form 1

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 9 (5)

NOTICE OF APPLICATION FOR AN ORDER DETERMINING WHO SHALL BE TENANT

District Court Area of	District No.
	Applicant(s)
	Respondent(s)

WHEREAS , the original tenant/the tenant of the dwelling in court area and district aforesaid to which section 9 of the Act relates died on the day of 19 ,

AND WHEREAS , members of the family of , the original tenant, were bona fide residing in the dwelling at such death, and there being no agreement between the members as to which member should retain possession of the dwelling as tenant,

TAKE NOTICE that application will be made to the District Court to be held at on the day of 19 , at .m. for an order determining which person shall be entitled to retain possession as the tenant.

Dated this day of 19 ,

	Signed
	Applicant(s)/Solicitor.
To
of

Rule 6

Form 2

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 9 (5)

ORDER DETERMINING WHO SHALL BE TENANT

District Court Area of	District No.
	Applicant(s)
	Respondent(s)

UPON APPLICATION by the applicant(s) for an order under section 9 (5) of the Act in respect of the dwelling, in the court area and district aforesaid,

THE COURT being satisfied

*Delete words inapplicable

1. that the *(original tenant) *(tenant) of the dwelling died on the day of 19 ,

2. that , members of the family of the original tenant, were bona fide residing in the dwelling at such death,

ORDERS that shall be entitled to retain possession as the tenant

AND ORDERS that do pay to £ costs and £

expenses, making together the sum of £ ,

AND COMMANDS all sheriffs and county registrars to take in execution the goods of the said to satisfy the said sum.

Dated this day of 19 ,

	Signed
	Justice of the District Court.

(County Registrar's warrant to be added).

Rule 7

Form 3

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 12 (1)

NOTICE OF APPLICATION FOR AN ORDER FIXING THE TERMS OF A TENANCY

District Court Area of	District No.
	Applicant
	Respondent

*Delete words inapplicable

TAKE NOTICE that of being the *landlord/*tenant of the dwelling, in the court area and district aforesaid to which section 8 (1) of the Act relates, will apply to the District Court to be held at on the day of 19 at .m. for an order fixing the terms of the tenancy of the dwelling.

Dated this day of 19 ,

	Signed
	Applicant/Solicitor.
To
of

*Landlord/*Tenant

Rule 8

Form 4

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 12 (4)

NOTICE OF APPLICATION FOR AN ORDER ON A *DISPUTE/*FAILURE/*QUESTION/ WHICH HAS *ARISEN/*OCCURRED

District Court Area of	District No.
	Applicant
	Respondent

*Delete words inapplicable

WHEREAS the applicant is the *landlord/*tenant of the dwelling, in the court area and district aforesaid, to which section 8 (1) of the Act relates,

AND WHEREAS the Court by order dated the day of 19 , fixed the terms of the tenancy of the dwelling,

†Give details

AND WHEREAS a *dispute/*failure/*question/ has *arisen/*occurred in the carrying out of that order, as follows:--†

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for such order as justice may require.

Dated this day of 19 ,

	Signed
	Applicant/Solicitor.
To
of

*Landlord/*Tenant

Rule 8

Form 5

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982 ORDER UNDER SECTION 12 (4)

District Court Area of	District No.
	Applicant
	Respondent

*Delete words inapplicable

UPON APPLICATION by the applicant, the *landlord/*tenant of the dwelling, in the court area and district aforesaid, to which section 8 (1) of the Act relates, for an order under section 12 (4) of the Act,

THE COURT being satisfied

1. that the respondent is the *landlord/*tenant of the dwelling,

2. that an order was made by the Court on the day of 19 , fixing the terms of the tenancy of the dwelling,

3. that a *dispute/*failure/*question/ has *arisen/*occurred in the carrying out of the order,

4. that notice of this application was served on the respondent,

HEREBY ORDERS as follows:--

AND FURTHER ORDERS that do pay to £ for costs and £ for expenses making together the sum of £ ,

AND COMMANDS all sheriffs and county registrars to take in execution the goods of the said to satisfy the said sum.

Dated this day of 19 ,

	Signed
	Justice of the District Court.

(County Registrar's warrant to be added).

Rule 9

Form 6

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 15

NOTICE OF APPLICATION FOR AN ORDER DETERMINING COMPENSATION FOR IMPROVEMENTS

District Court Area of	District No.
	Applicant
	Respondent

WHEREAS the applicant of is the tenant/former tenant of the dwelling, in the court area and district aforesaid, to which section 8 (1) of the Act relates

and the applicant has served a claim in writing on the respondent, landlord of the dwelling, seeking compensation for improvements,

and there is no agreement between the parties on the amount of the compensation,

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for an order determining the amount of compensation payable.

Dated this day of 19 ,

	Signed
	Applicant/Solicitor.
To
of

Rule 9

Form 7

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 15

ORDER DETERMINING COMPENSATION

District Court Area of	District No.
	Applicant
	Respondent

UPON APPLICATION by the applicant for an order determining the amount of compensation payable by the respondent to him for improvements under section 15 of the Act to the dwelling, in the court area and district aforesaid to which section 8 (1) of the Act relates,

THE COURT being satisfied that the applicant is entitled to compensation

HEREBY ORDERS that the amount of compensation payable to the applicant by the respondent shall be the sum of £

AND FURTHER ORDERS that the respondent do pay to the applicant £ for costs and £ for expenses

AND DIRECTS

1. that the compensation be paid as follows:--

2. and that the costs and expenses being the sum of £ , be paid forthwith

AND in default of payment as aforesaid

COMMANDS all sheriffs and county registrars to take in execution the goods of the respondent to satisfy the compensation, costs and expenses, for the time being due and unpaid.

Dated this day of 19 ,

	Signed
	Justice of the District Court.

(County Registrar's warrant to be added).

Rule 10 (i)

Form 8

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 16

NOTICE OF APPLICATION FOR RECOVERY OF POSSESSION

District Court Area of	District No.
	Applicant
	Respondent

WHEREAS the applicant is the landlord and the respondent is the tenant of the dwelling, in the court area and district aforesaid, to which section 16 of the Act relates,

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for an order for the recovery of possession of the dwelling on the following grounds:--

Dated this day of 19 ,

	Signed
	Applicant/Solicitor.
To
of

Tenant

Rule 10 (i)

Form 9

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 16

WARRANT FOR DELIVERY OF POSSESSION

District Court Area of	District No.
	Applicant
	Respondent

WHEREAS UPON APPLICATION by the above-named applicant

of

the landlord of the dwelling in the court area and district aforesaid to which section 16 of the Act relates for an order for the recovery of possession of the dwelling,

THE COURT being satisfied that the applicant was entitled to the order sought

ORDERED on the day of 19 , that the respondent deliver up possession of the dwelling to the applicant on or before the day of 19 , and pay to the applicant £ for arrears of rent, £ for mesne profits, £ for costs and £ for expenses, making together the sum of £

AND WHEREAS the said order has not been complied with,

THIS IS TO COMMAND you to whom this warrant is addressed to execute the said order as follows:--

To enter upon and give possession of the dwelling to the applicant or his agent and to take in execution the goods of the respondent to satisfy the said sum of £ , and for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this day of 19 ,

	Signed
	Justice of the District Court.
To the County Registrar/Sheriff
of		and his assistants

(County Registrar's warrant to be added).

Rule 10 (ii)

Form 10

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 18

NOTICE OF APPLICATION FOR A STAY OF EXECUTION OR POSTPONEMENT OF DATE OF POSSESSION

District Court Area of	District No.
	Applicant
	Respondent

WHEREAS the Court on the day of 19 , granted to the respondent an order for the recovery of possession of the dwelling, in the court area and district aforesaid,

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for a stay of execution/postponement of the date of possession, on the following grounds:--

Dated this day of 19 ,

	Signed
	Applicant/Solicitor.
To
of

Rule 11

Form 11

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 19

NOTICE OF APPLICATION FOR AN ORDER FOR COMPENSATION FOR DAMAGE OR LOSS

District Court Area of	District No.
	Applicant
	Respondent

WHEREAS the applicant of is the former tenant of the dwelling, in the court area and district aforesaid to which section 8 (1) of the Act relates and the respondent is the landlord thereof,

AND WHEREAS the applicant claims that on the day of 19 , the respondent obtained from the Court by misrepresentation or concealment of material facts an order for the recovery of possession of the dwelling from the applicant,

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for an order that the respondent do pay to the applicant compensation for damage or loss sustained as result of the order for possession.

Dated this day of 19 ,

	Signed
	Applicant/Solicitor.
To
of

Landlord

Rule 11

Form 12

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 19

ORDER FOR PAYMENT OF COMPENSATION FOR DAMAGE OR LOSS

District Court Area of	District No.
	Applicant
	Respondent

UPON APPLICATION by

of

former tenant of the dwelling, in the court area and district aforesaid to which section 8 (1) of the Act relates for an order for compensation under section 19 of the Act,

THE COURT being satisfied that the respondent on the day of 19 , obtained from the Court an order for the recovery of possession of the dwelling from the applicant by misrepresentation/concealment of material facts, AND that as a result the applicant has sustained damage/loss,

HEREBY ORDERS that the respondent do pay to the applicant £ by way of compensation for the damage/loss, £ for costs and £ for expenses, making together the sum of £ ,

AND in default of payment

COMMANDS all sheriffs and county registrars to take in execution the goods of the respondent to satisfy the said sum.

Dated this day of 19 ,

	Signed
	Justice of the District Court.

(County Registrar's warrant to be added).

Rule 12

Form 13

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 26 (5)

NOTICE OF APPEAL

District Court Area of	District No.
	Applicant
	Respondent

TAKE NOTICE that the Appellant of the landlord of the dwelling, in the area and district aforesaid, upon whom a notice was served under section 26 (4) of the Act on the day of 19 , by the respondent housing authority, HEREBY APPEALS TO THE DISTRICT COURT to be held at on the day of 19 , at .m. to have the notice set aside.

Dated this day of 19 ,

	Signed
	Appellant/Solicitor.
To
of
	Respondent
and to
of
	Tenant
and to
	The District Court Clerk,
	District Court Office,

Rule 12

Form 14

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 26 (5)

ORDER ON APPEAL

District Court Area of	District No.
	Appellant
	Respondent

ON HEARING THE APPEAL herein to have a notice under section 26 (4) of the Act set aside,

THE COURT being satisfied that the work required to be carried out by a notice under section 26 (4) of the Act is/is not necessary to ensure that the dwelling complies with the requirements of the regulations,

HEREBY ORDERS as follows--

AND FURTHER ORDERS that do pay to £ , being the costs of this appeal, and £ expenses, making together the sum of £ , and in default of payment

COMMANDS all sheriffs and county registrars to take in execution the goods of the said to satisfy the said sum.

Dated this day of 19 ,

	Signed
	Justice of the District Court.

(County Registrar's warrant to be added).

SCHEDULE OF COSTS

______________________________

1. SOLICITORS' COSTS IN PROCEEDINGS UNDER SECTION 12 (1) OF THE ACT

Annual rent fixed	Costs
Not exceeding £500	£100
Exceeding £500 and not exceeding £1,000	£100 + 15% of the excess over £500
Exceeding £1,000 and not exceeding £1,500	£175 + 10% of the excess over £1,000
Exceeding £1,500	£255 + 5% of the excess over £1,500

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

2. SOLICITORS' COSTS IN PROCEEDINGS FOR COMPENSATION UNDER SECTION 15 OF THE ACT

Amount of compensation awarded or in case of dismiss, amount of compensation claimed	Costs if case not defended	Costs if case defended
	£	£
Not exceeding £100	28	40
Exceeding £100 and not exceeding £175	40	59
Exceeding £175 and not exceeding £250	49	82
Exceeding £250 and not exceeding £400	60	100
Exceeding £400 and not exceeding £1,500	60	100
	+	+
	9% of the excess over £400	15% of the excess over £400
Exceeding £1,500 and not exceeding £2,500	159	265
	+	+
	6% of the excess over £1,500	10% of the excess over £1,500
Above £2,500	219	365

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

3. SOLICITORS' COSTS IN PROCEEDINGS FOR RECOVERY OF POSSESSION UNDER SECTION 16 OF THE ACT

Annual rent	Settled before entry	Costs if case not defended	Costs if case defended	Costs of dismiss
	£	£	£	£
Not exceeding £27	4.00	8.00	10.00	9.00
Exceeding £27 and not exceeding £53	5.00	16.00	18.00	17.00
Exceeding £53 and not exceeding £100	7.00	30.00	35.00	33.00
Exceeding £100 and not exceeding £175	11.00	37.00	58.00	51.00
Exceeding £175 and not exceeding £250	14.00	44.00	70.00	58.00
Exceeding £250 and not exceeding £300	18.00	54.00	82.00	75.00
Exceeding £300	£18	£54	£82	£75
	+	+	+	+
	1.25% on each complete £100 rent in excess of £300	3% on each complete £100 rent in excess of £300	5% on each complete £100 rent in excess of £300	5% on each complete £100 rent in excess of £300

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

GIVEN this 26th day of July, 1982.

T. F. Donnelly, Chairman

M. Cyril Maguire

William A. Tormey

Séamus Ó Cathasaigh.

I concur in the making of the foregoing Rules.

Dated this 11th day of September, 1982.

SEÁN DOHERTY,

Minister for Justice.

EXPLANATORY NOTE.

These rules which come into operation on 22nd September, 1982 prescribe District Court procedures under the Housing (Private Rented Dwellings) Act, 1982 and set out the scale of solicitors' costs applicable in the District Court under the Act. The Minister for Trade, Commerce and Tourism has, under section 2 (2) (a) of the Prices (Amendment) Act, 1972 , consented to the exercise by the rule-making authority (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs set out in the schedule of costs annexed to the Rules.