Order 51A

Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005

Rule One

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 and

“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.

Rule One A[1]

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 pre-paid 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.

Rule Two[2]

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.

(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 pre-paid 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 5 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 pre-paid 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

Rule Three

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 pre -paid 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.

Rule Four

4. The Court may make such Order as to costs as may be appropriate.

[1] Order 51A rule 1A inserted by SI 410 of 2006, effective 28 August 2006.
[2] Order 51A rule 2(1) and 2(3) substituted by SI 410 of 2006, effective 28 August 2006.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 51A

Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005

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