S.I. No.410 of 2006

CIRCUIT COURT RULES (RESIDENTIAL TENANCIES) 2006

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the section 12 of the section 66 of the section 70 of the section 48 of the 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 19^th day of July, 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Faye Breen

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 31^st day of July 2006

Signed: Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.410 of 2006

CIRCUIT COURT RULES (RESIDENTIAL TENANCIES) 2006

1.  These Rules, which may be cited as the Circuit Court Rules (Residential Tenancies) 2006, shall come into operation on the 28^th day of August 2006.

2.  These Rules shall be construed together with the Circuit Court Rules 2001.

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

(1)       by the substitution for the title of the Order inserted by paragraph 2 of the following:

-�Order 51A

Residential Tenancies Act 2004 (No 27 of 2004)-�;

(2)       by the insertion immediately following Rule 1 of the Order thereby inserted of the following rule:

-�Rule One A

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.-�;

(3)       by the substitution in Rule 2 of the Order thereby inserted for the words -�Form 1 annexed hereto-� of the words -�Form 44C in the Schedule of Forms-�;

(4)       by the insertion therein as paragraph 3 of the following:

-�3. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 44C.-�, and

(5)       by the substitution for the word and number -�Form 1-� in the form annexed thereto of the word and number -�Form 44C-�.

4.       The Forms annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Forms 44A and 44B.

Form 44A

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF THE RESIDENTIAL TENANCIES ACT 2004

NOTICE OF APPEAL PURSUANT TO SECTION 84(5) OF THE RESIDENTIAL TENANCIES ACT 2004

BETWEEN

Plaintiff

AND

Defendants

TAKE NOTICE that an appeal will be made to the Court on the....day of.............. or the next opportunity thereafter against the decision of the Private Residential Tenancies Board ^* [not] to deal with a dispute between

and the plaintiff will apply for the following reliefs:

[Here insert details of the relief sought by way of appeal]

The said application will be grounded on the affidavit of............................................... filed on the....day of.......... a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before the hearing of the application.

Dated the ..........day of........................

Signed ..................................................................

Plaintiff/Solicitor for the Plaintiff

To: ...........................................................................

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

Form 44B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF THE RESIDENTIAL TENANCIES ACT 2004

NOTICE OF APPEAL PURSUANT TO SECTION 88(4) OF THE RESIDENTIAL TENANCIES ACT 2004

BETWEEN

Plaintiff

AND

Defendant

TAKE NOTICE that an appeal will be made to the Court on the......day of...............

or the next opportunity thereafter against the decision of the Private Residential Tenancies Board ^* [not] to extend the time limited for the referral to it for resolution of a dispute between

and the plaintiff will apply for the following reliefs:

[Here insert details of the relief sought by way of appeal]

The said application will be grounded on the affidavit of..................................................

filed on the.....day of.......... a copy of which is served herewith.

Any affidavit intended to be used in reply thereto should be filed and delivered before the hearing of the application.

Dated the......... day of..............................

Signed..................................................................

Plaintiff/Solicitor for the Plaintiff

To: ........................................................................

The Defendant/Solicitor for the Defendant

And

To: The County Registrar

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules provide procedures to facilitate appeals in the Circuit Court under the Residential Tenancies Act.

* Delete as appropriate

* Delete as appropriate