STATUTORY INSTRUMENTS.

S.I. No. 218 of 1999.

DISTRICT COURT (EJECTMENT) RULES, 1999.

S.I. No. 218 of 1999.

DISTRICT COURT (EJECTMENT) RULES, 1999.

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, Equality and Law Reform, make the following Rules of Court:

1. These Rules may be cited as the District Court (Ejectment) Rules, 1999.

2. These Rules shall come into operation on the 26th day of July, 1999, and shall be read together with all other District Court Rules for the time being in force.

3. Order 47 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by

(a) the substitution for rule 14 thereof of the following rule

14. A warrant for possession pursuant to section 86 of the Landlord and Tenant Law Amendment Act, Ireland 1860 shall be in accordance with Form 47.9 Schedule C. and may be issued at any time not exceeding six months after the date of the order.

(b) the addition of the following rule after rule 14

15. After the expiration of six months from the date of the order a warrant may only be issued on application to the court by the plaintiff and on notice to the defendant. Notice of said application shall be served on the defendant by prepaid ordinary post not less than seven days before the date fixed for the hearing of the application.

and the said Order 47, as so amended appears in Schedule 1 to these Rules.

SCHEDULE 1

ORDER 47

EJECTMENT PROCEEDINGS

1. (1) An ejectment civil summons shall specify the names of the Landlord or lessor and tenant or tenants, respectively, the nature of the tenancy, the description of the premises and the places wherein the same shall be respectively situated and the rent at which the same shall be then or shall have been last held, and in cases where the proceedings shall be grounded upon the tenancy having determined, the facts 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 civil summons shall specify the amount of the rent due after all fair and just allowances, up to what gale day the same was due, and the appropriate costs as set forth in the Schedule of Costs for the time being in force and payable if the plaintiff's claim is settled before entry.

(2) A civil summons for the ejectment of tenants at will, permissive occupants, caretakers and servant shall also state the fact of demand for possession having been made by or on behalf of the owner of the said premises and the date of such demand and the fact of the refusal or ommission to quit and deliver up possession.

2. A civil summons in ejectment for overholding shall be in accordance with Form 47.1 Schedule C.

3. A civil summons in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form 47.2 Schedule C.

4. A civil summons in ejectment for non-payment of rent shall be in accordance with Form 47.3 Schedule C.

5. (1) An ejectment civil summons shall be served upon all and every persons or person who shall be in actual possession of the premises specified in and claimed by such summons as tenants or sub-tenants. It shall be served in a manner prescribed in Order 10 of these Rules at least fourteen days or, if service is being effected by registered post, at least twenty-one days before the date of sitting of the Court to which such summons is returnable.

(2) When service has been effected, the original of every such civil summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the return date.

(3) Where the immediate tenant of the plaintiff in an ejectment civil summons is not himself or herself in actual possession of the premises, the civil summons shall be served upon such immediate tenant as well as any person upon whom service must be effected under paragraph (1) of this rule.

(4) Where there is no person in actual possession of the premises, the affixing of a copy of the civil summons upon the door or some other conspicuous part of the premises so claimed shall be deemed to be good and sufficient service of such civil summons, (in lieu of any mode of service already prescribed by these Rules). Where the person last in actual possession of the premises was a sub-tenant, the civil summons shall also be served upon the immediate tenant of the plaintiff, as provided by paragraph (3) of this rule.

6. In ejectment proceedings for non-payment of rent the plaintiff shall be at liberty to prove the nature and conditions of the tenancy and the amount of rent due by affidavit sworn by the plaintiff or by the agent thereunto authorised and filed with the Clerk, and upon reading such affidavit and if the defendant shall not give notice of intention to defend and appear and give evidence, the Court may make a decree without requiring the attendance of the plaintiff.

7. A decree in ejectment for overholding shall be in accordance with Form 47.4 Schedule C.

8. A decree in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form 47.5 Schedule C.

9. A decree of ejectment for non-payment of rent shall be in accordance with Form 47.6 Schedule C.

10. Upon giving a decree on foot of any civil summons in ejectment the Court shall be at liberty to grant such stay of execution on such conditions as it may think reasonable in the circumstances.

11. The defendant in any ejectment proceedings for non-payment of rent, or any person having a specific interest in the contract of tenancy, at any time before the decree shall have been delivered to the County Registrar for execution, may pay to the plaintiff all rent and arrears of rent due at the time of the service of the civil summons, and a sum sufficient to cover the plaintiff's costs, or may tender the same and, in case such tender shall be refused, may deposit the same with the Clerk, who shall give a receipt (Form 47.7 Schedule C) therefor and give notice to the plaintiff of such lodgment. The Court may order that all further proceedings be stayed upon payment to the plaintiff of the money so lodged together with such costs up to the date of tender as the Court may think reasonable; provided that the decision of the court shall be subject to appeal in like manner as if it were a decree or dismiss on foot of a civil summons in ejectment for non-payment of rent.

12. Whenever a decree for possession for non-payment of rent shall have been executed, the Court may award a writ of restitution 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 with the Clerk of the amount due for rent, arrears of rent and costs within six months after the execution of decree, in the manner provided by sections 70 and 71 of the Landlord and Tenant Law Amendment Act, Ireland, 1860.

13. An ejectment dismiss shall be in accordance with Form 47.8 Schedule C.

14. A warrant for possession pursuant to section 86 of the Landlord and Tenant Law Amendment Act, Ireland 1860 shall be in accordance with Form 47.9 Schedule C. and may be issued at any time not exceeding six months after the date of the order.

15. After the expiration of six months from the date of the order a warrant may only be issued on application to the court by the plaintiff and on notice to the defendant. Notice of said application shall be served on the defendant by prepaid ordinary post not less than seven days before the date fixed for the hearing of the application.

I concur in the making of the foregoing Rules.

Dated this 14th day of July, 1999.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend Order 47 of the District Court Rules. 1997 ( S.I. No. 93 of 1997 ) by the addition of a rule allowing the renewal of a warrant of possession pursuant to section 86 of the Landlord and Tenant Law Amendment Act, 1860 if not issued within six months of the date of the order.