S.I. No. 296/1982 - District Court [Housing (Private Rented Dwellings) Act, 1982] Rules, 1982.

1. SOLICITORS' COSTS IN PROCEEDINGS UNDER SECTION 12 (1) OF THE ACT

Annual rent fixed

Costs

Not exceeding £500

£100

Exceeding £500 and not exceeding £1,000

£100 + 15% of the excess over £500

Exceeding £1,000 and not exceeding £1,500

£175 + 10% of the excess over £1,000

Exceeding £1,500

£255 + 5% of the excess over £1,500

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

2. SOLICITORS' COSTS IN PROCEEDINGS FOR COMPENSATION UNDER SECTION 15 OF THE ACT

Amount of compensation awarded or in case of dismiss, amount of compensation claimed

Costs if case not defended

Costs if case defended

£

£

Not exceeding £100

28

40

Exceeding £100 and not exceeding £175

40

59

Exceeding £175 and not exceeding £250

49

82

Exceeding £250 and not exceeding £400

60

100

Exceeding £400 and not exceeding £1,500

60

100

+

+

9% of the excess over £400

15% of the excess over £400

Exceeding £1,500 and not exceeding £2,500

159

265

+

+

6% of the excess over £1,500

10% of the excess over £1,500

Above £2,500

219

365

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

SCHEDULE OF COSTS

3. SOLICITORS' COSTS IN PROCEEDINGS FOR RECOVERY OF POSSESSION UNDER SECTION 16 OF THE ACT

Annual rent

Settled before entry

Costs if case not defended

Costs if case defended

Costs of dismiss

£

£

£

£

Not exceeding £27

4.00

8.00

10.00

9.00

Exceeding £27 and not exceeding £53

5.00

16.00

18.00

17.00

Exceeding £53 and not exceeding £100

7.00

30.00

35.00

33.00

Exceeding £100 and not exceeding £175

11.00

37.00

58.00

51.00

Exceeding £175 and not exceeding £250

14.00

44.00

70.00

58.00

Exceeding £250 and not exceeding £300

18.00

54.00

82.00

75.00

Exceeding £300

£18

£54

£82

£75

+

+

+

+

1.25% on each complete £100 rent in excess of £300

3% on each complete £100 rent in excess of £300

5% on each complete £100 rent in excess of £300

5% on each complete £100 rent in excess of £300

The above scale of costs shall in every instance be exclusive of and in addition to all actual and necessary outlay.

GIVEN this 26th day of July, 1982.

T. F. Donnelly, Chairman

M. Cyril Maguire

William A. Tormey

Séamus Ó Cathasaigh.

I concur in the making of the foregoing Rules.

Dated this 11th day of September, 1982.

SEÁN DOHERTY,

Minister for Justice.

EXPLANATORY NOTE.

These rules which come into operation on 22nd September, 1982 prescribe District Court procedures under the

Housing (Private Rented Dwellings) Act, 1982

and set out the scale of solicitors' costs applicable in the District Court under the Act. The Minister for Trade, Commerce and Tourism has, under section 2 (2)

(a)

of the

Prices (Amendment) Act, 1972

, consented to the exercise by the rule-making authority (the District Court Rules Committee with the concurrence of the Minister for Justice) of their statutory powers to regulate the costs set out in the schedule of costs annexed to the Rules.

4. that notice of this application was served on the respondent,

HEREBY ORDERS as follows:—

AND FURTHER ORDERS that do pay to £ for costs and £ for expenses making together the sum of £ ,

AND COMMANDS all sheriffs and county registrars to take in execution the goods of the said to satisfy the said sum.

Dated this day of 19 ,

Signed

Justice of the District Court.

(County Registrar's warrant to be added).

Rule 9

Form 6

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 15

NOTICE OF APPLICATION FOR AN ORDER DETERMINING COMPENSATION FOR IMPROVEMENTS

District Court Area of

District No.

Applicant

Respondent

WHEREAS the applicant of is the tenant/former tenant of the dwelling, in the court area and district aforesaid, to which section 8 (1) of the Act relates

and the applicant has served a claim in writing on the respondent, landlord of the dwelling, seeking compensation for improvements,

and there is no agreement between the parties on the amount of the compensation,

TAKE NOTICE that the applicant will apply to the District Court to be held at on the day of 19 , at .m. for an order determining the amount of compensation payable.

Dated this day of 19 ,

Signed

Applicant/Solicitor.

To

of

Rule 9

Form 7

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 15

ORDER DETERMINING COMPENSATION

District Court Area of

District No.

Applicant

Respondent

UPON APPLICATION by the applicant for an order determining the amount of compensation payable by the respondent to him for improvements under section 15 of the Act to the dwelling, in the court area and district aforesaid to which section 8 (1) of the Act relates,

THE COURT being satisfied that the applicant is entitled to compensation

HEREBY ORDERS that the amount of compensation payable to the applicant by the respondent shall be the sum of £

AND FURTHER ORDERS that the respondent do pay to the applicant £ for costs and £ for expenses

AND DIRECTS

5. (i) Notices required to be served under these Rules shall be served in accordance with section 4 of the Act, and where service is effected by registered post the provisions of

section 7

of the

Courts Act, 1964

(as amended) shall apply.

(ii) Every notice shall be served one month at least before the 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 a statutory declaration of service endorsed thereon, shall be lodged with the district court clerk seven days at least before such sitting.

(iii) Where proceedings are brought in the Dublin Metropolitan District, the original and copy of every notice intended for service shall be lodged with the district court clerk for insertion of the return date thereon.

6. An application to the Court under section 9 (5) of the Act shall be by notice in the Form 1 which shall be served on each member of the original tenant's family who was at the time of the relevant death

bona fide

residing in the dwelling and on the landlord of the dwelling. The order of the Court shall be in the Form 2.

7. (i) An application under section 12 (1) of the Act for an order fixing the terms of a tenancy shall be by notice in the Form 3 which shall be served on the other party.

(ii) Where the Court fixes the terms of a tenancy the landlord shall, before furnishing the tenant with a copy of the order, lodge a draft with the district court clerk for approval by the Court. The approved draft with an original and copy or copies shall be returned to the clerk who shall certify and return the copy or copies and retain the original with the other court records in the matter.

8. Where a dispute, failure or question arises or occurs, the application under section 12 (4) of the Act shall be by notice in the Form 4 which shall be served on the other party. The order of the Court shall be in the Form 5.

9. An application under section 15 of the Act for an order determining compensation for improvements shall be by notice in the Form 6 which shall be served on the landlord, and the order of the Court shall be in the Form 7.

The landlord may, not later than seven days after being served, lodge in Court a sum which he says 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. The applicant may, not later than seven days after the lodgment, withdraw in full settlement the sums lodged. If he does not so withdraw, he shall be liable for all costs incurred thereafter unless the amount of compensation determined by the Court exceeds the amount lodged therefor. The fact of such lodgment shall not be disclosed to the Court until the amount of compensation, if any, has been determined.

10. (i) Where recovery of possession of a dwelling under section 16 of the Act is sought, the applicant shall serve notice of application on the tenant in the Form 8. The warrant for delivery of possession shall be in the Form 9.

(ii) An application to stay execution or postpone the date of possession under section 18 of the Act shall be by notice in the Form 10 which shall be served on the other party. In case of urgency, however, the application may be made

ex parte

.

11. An application under section 19 of the Act for an order for compensation shall be by notice in the Form II which shall be served on the landlord, and the order of the Court shall be in the Form 12.

12. An appeal under section 26 (5) of the Act shall be by notice in the Form 13 which shall be served on the housing authority and on the tenant. The order of the Court shall be in the Form 14.

13. The district court clerk shall keep a book which shall be known as the "Private Rented Dwellings Book" in which shall be entered particulars of all notices served and lodged, and details of all proceedings on foot thereof.

14. Costs of proceedings under sections 12 (1), 15 and 16 of the Act shall be in accordance with the scales of costs set out in the schedule of costs annexed to these Rules. Costs of other proceedings may be measured under Rule 67 of the District Court Rules, 1948 (

S. R. & O. No. 431 of 1947

).

SCHEDULE OF FORMS

General heading to be used on all forms:—

AN CHÚIRT DÚICHE

THE DISTRICT COURT

Rule 6

Form 1

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 9 (5)

NOTICE OF APPLICATION FOR AN ORDER DETERMINING WHO SHALL BE TENANT

District Court Area of

District No.

Applicant(s)

Respondent(s)

WHEREAS , the original tenant/the tenant of the dwelling in court area and district aforesaid to which section 9 of the Act relates died on the day of 19 ,

AND WHEREAS , members of the family of , the original tenant, were

bona fide

residing in the dwelling at such death, and there being no agreement between the members as to which member should retain possession of the dwelling as tenant,

TAKE NOTICE that application will be made to the District Court to be held at on the day of 19 , at .m. for an order determining which person shall be entitled to retain possession as the tenant.

Dated this day of 19 ,

Signed

Applicant(s)/Solicitor.

To

of

Rule 6

Form 2

HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

section 9 (5)

ORDER DETERMINING WHO SHALL BE TENANT

District Court Area of

District No.

Applicant(s)

Respondent(s)

UPON APPLICATION by the applicant(s) for an order under section 9 (5) of the Act in respect of the dwelling, in the court area and district aforesaid,

THE COURT being satisfied

*Delete words inapplicable

S.I. No. 296 of 1982.

DISTRICT COURT [HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982] RULES, 1982.

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, make the following Rules of Court:—