Order 93

Housing (private rented dwellings)

Definition

1. In this Order— "the Act" means the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982), as amended by the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983).
 

Venue

2. Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area in which is situated the dwelling in relation to which the proceedings are brought.
 

Notices and orders of Court

3. (1) An application to the Court under section 9 (5) of the Act for an order determining who shall be tenant shall be preceded by the issue and service of a notice in the Form 93.1, Schedule C upon every member of the original tenant's family who was at the time of the relevant death bona fide residing in the dwelling, and upon the landlord of the dwelling. The order of the Court shall be in the Form 93.2, Schedule C.

(2) Where a dispute, failure or question arises or occurs in the carrying out of an order of the Court the application to the Court under section 12 (4) of the Act shall be preceded by the issue and service of a notice in the Form 93.3, Schedule C upon the other party. The order of the Court shall be in the Form 93.4, Schedule C.

(3) An application to the Court under section 15 of the Act seeking compensation for improvements shall be preceded by the issue and service of a notice in the Form 93.5, Schedule C upon the landlord. The order of the Court shall be in the Form 93.6, Schedule C.

(4) Where recovery of possession of a dwelling under section 16 of the Act is sought the application to the Court shall be preceded by the issue and service of a notice in the Form 93.7, Schedule C upon the tenant. The warrant for delivery of possession shall be in the Form 93.8, Schedule C.

(5) An application to the Court under section 18 of the Act to stay execution or to postpone the date of possession shall be preceded by the issue and service of a notice in the Form 93.9, Schedule C upon the other party to the proceedings. In case of urgency, however, the application may be made ex parte on the lodgment of notice with the Clerk and where the Court grants such application the Clerk shall forthwith notify the respondent accordingly.

(6) Where compensation is sought under section 19 of the Act the application to the Court shall be preceded by the issue and service of a notice in the Form 93.10, Schedule C upon the landlord. The order of the Court shall be in the Form 93.11, Schedule C.

(7) An appeal to the Court under section 26 (5) of the Act shall be preceded by the issue and service of a notice in the Form 93.12, Schedule C on the housing authority and upon the tenant. The order of the Court shall be in the Form 93.13, Schedule C.
 

Service of notices

4. (1) Notices required by this Order to be served shall be served in accordance with the provisions of section 4 of the Act, and where service is effected by registered prepaid post the provisions of section 7 of the Courts Act, 1964, as amended, shall apply.

(2) Every such notice shall be served one month at least before the date of 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 the statutory declaration endorsed thereon, shall be lodged with the Clerk four days at least before the date of sitting of the Court.
 

Lodgments

5. Where notice of an application under section 15 of the Act seeking compensation for improvements has been served, the landlord may, not later than seven days after being served, lodge in court a sum of money which he or she alleges 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, and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to any such lodgment, save that notice of intention to defend shall not be required.
 

Costs

6. Costs of proceedings under sections 15 and 16 of the Act, where allowed, shall be in accordance with the appropriate scales set out in the Schedule of Costs annexed to these Rules or any similar scales in any other such schedule for the time being in force. Costs of any other proceedings under the Act shall be at the discretion of the Court and may be measured under Order 51, r. 14 hereof.