About this application
You can make an application to enforce a Determination Order made by the Residential Tenancies Board (RTB) where either party has not taken the action as specified in the Determination Order (DO).
A DO is issued by the RTB. It directs a landlord or tenant to complete specific actions to remedy or resolve a situation such as unpaid rent or housing repairs. The resolution is determined by the RTB. The DO will also specify a timeframe for completing the actions.
This application can be made when a landlord or tenant fails to carry out actions as directed by the RTB determination.
Who can help
- The Residential Tenancies Board (RTB) assist in the process.
- The Residential Tenancies Board (RTB) may provide legal assistance to parties seeking to enforce a Determination Order.
Before your court application
- You must send a formal notice letting the landlord or tenant know that you intend to make an application to the court.
- There is a specific form for this, often referred to as a Section 124 form.
- This notice should be sent at least seven days before you intend to make the application at the court office.
- You can deliver the notice by hand to the respondent or send it by prepaid registered post. You should keep a copy of the notice for your records.
How to make your court application
You can download your application form Form No. 40C.01 Notice of Statutory Application or contact your local court office and they can send a application form to you by post. The person making the application it the claimant and the person you are making the application against is the respondent .
You will need to include the following information to complete your application:
- District Court number and area. Please see our map, this can be found here.
- A record number which will be inserted by the court office,
- Enter the enactment which is the section of the legislation that is relevant to your application - The Residential Tenancies Act 2004 (as amended), Section 124,
- Your full name and address,
- the respondent's full name and address,
- the date and time of court which the court office will give you,
- details of what you are asking the judge to do,
- reasons why you are appealing the decision,
- list of documents you intend to rely on or use in court, including the determination of the Residential Tenancies Board and attach copies
- the address of the court office where you filed your application.
You or your solicitor will be required to complete an affidavit (LINK TO AFFIDAVIT PAGE). You can see a template of this here:
Stamp fee
You must pay the appropriate court fee for your application.The fee for this application is €80 This civil application fee can be paid at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash. The office will check your application, give it a record number, issue it, and return the form to you.
Serving your application
You must then send a copy of your application to the respondent. This is called serving the application Please see our serving and proof of service page for more information. The Respondent must be notified at least twenty one days prior to the court date by registered post. Your post office will give you a certificate of postage.
Submitting your application
A copy of the stamped application with the declaration of service attached must be lodged in your local District Court office at least seven days prior to the court date.
The judge may make the following decisions
- Dismiss your application,
- Adjourn your case for more information,
- Grant your application to enforce the decision and order the respondent to follow the WRC or labour court decision,
- Direct compensation instead of enforcing the decision where the WRC order required the employer to reinstate or reengage an employee.
Preparing for court
Going to court can be a stressful experience. See our preparing for Civil Law court pages for more information on how to prepare.
You will be asked to give evidence in the Court room and you should be prepared to answer any questions the Judge may ask you.
What happens after court
See our After your hearing page for more information on what to expect after your court hearing
