S.I. No. 388/2005 - Circuit Court Rules (Residential Tenancies Act 2004), 2005

S.I. No. 388 of 2005 .

CIRCUIT COURT RULES (RESIDENTIAL TENANCIES ACT 2004), 2005.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 7th day of June, 2005.

(Signed): KATHERINE DELAHUNT

(Acting Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Faye Breen

Gerard Doherty

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 21st day of July, 2005

Signed: MICHAEL McDOWELL, T.D.

Minister for Justice, Equality and Law Reform

S.I. No. 388 of 2005 .

CIRCUIT COURT RULES (RESIDENTIAL TENANCIES ACT 2004), 2005.

1. These Rules, which may be cited as the Circuit Court Rules (Residential Tenancies Act 2004), 2005, shall come into operation on the 4th day of August 2005.

2. The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

ORDER

ORDER Rule — Residential Tenancies Act 2004

(RESIDENTIAL TENANCIES ACT 2004) (No. 27 of 2004)

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 Two

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 1 annexed hereto 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 .

FORM 1

AN CHUIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF

THE RESIDENTIAL TENANCIES ACT, 2004

NOTICE OF MOTION

FOR RELIEF UNDER SECTION 124

OF THE RESIDENTIAL TENANCIES ACT, 2004

BETWEEN

Applicant

AND

Respondent

TAKE NOTICE that application will be made to the Court on the or the next opportunity thereafter for the following reliefs:

[Here insert details of the relief sought by way of enforcement.]

AND FURTHER TAKE NOTICE that the said application will be grounded upon:

1. [Here insert grounds upon which the Applicant is relying for the reliefs sought to include all facts relevant to the alleged failure to carry out the determination order.]

2. [Here insert basis of jurisdiction.]

3. [Here insert name, address and description of the Plaintiff.]

4. [The following documents must be annexed to this Notice of Motion namely the original determination order or a certified copy of same, certified by the Applicant as being a true copy of the determination received from Board and sought to be enforced.]

Dated this day of 20 .

Signed: Applicant/Solicitor for the Applicant

To:

Respondent/Solicitor for the Respondent

And

To: The County Registrar

EXPLANATORY NOTE.

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

These Rules prescribe Circuit Court procedures in respect of applications brought under the Residential Tenancies Act, 2004.