Official form guide
Form 40B.01 Landlord And Tenant Claim Notice: Recovery Of Possession Of Premises
Form 40B.01 is a Landlord and Tenant Claim Notice used to start a court action to recover possession of a rented property in Ireland. It is filed when a landlord wants the court to order a tenant to vacate.
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Form Overview
Courts Service of Ireland - Form 40B.01 Landlord And Tenant Claim Notice: Recovery Of Possession Of Premises
Form 40B.01 is a Landlord and Tenant Claim Notice used to start a court action to recover possession of a rented property in Ireland. It is filed when a landlord wants the court to order a tenant to vacate.
Risk Radar
Scan points- 1The most common mistake is forgetting to attach the original notice of termination.
- 2Missing the required statutory notice period
- 3Incorrect tenant details or lease dates
- 4Failing to attach supporting documents
- 5Submitting the wrong version of the form
Plain English
If you are a landlord and need the court to tell a tenant to leave your premises, you fill out this notice. It tells the court why you think you have the right to get the property back and starts the legal process.
Submission Date
- Filing date: The claim notice must be filed within the period allowed by the relevant tenancy legislation – typically within 14 days of the notice of termination for residential tenancies.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use when you want a court order to evict a tenant.
- Use for both residential and commercial leases.
- Use if you have already served the required notice under the Residential Tenancies Act or Commercial Leases Act.
- Do not use for disputes over rent arrears only – a separate money claim form is needed.
- Use instead of Form 40A.01, which is for summary possession without a claim notice.
Form selector
Use this form or another form?
Tenant refuses to leave after lease ends
Starts possession claim
✓ Verify notice period was served
Landlord seeks rent arrears only
Money claim, not possession
✓ Use appropriate money claim form
Dispute over lease terms, not possession
Declaratory judgment
✓ Choose correct claim type
Deadline or filing window
The claim notice must be filed within the period allowed by the relevant tenancy legislation – typically within 14 days of the notice of termination for residential tenancies.
Before you submit
- 1Landlord and tenant names and addresses are correct.
- 2Lease start and end dates match the original agreement.
- 3Grounds for possession are clearly stated.
- 4All required statutory notices are attached.
- 5Copy of the lease is included.
- 6Filing fee calculated and ready for payment.
- 7Form signed by the landlord or authorised representative.
- 8Date of filing is recorded.
- 9Correct court registry selected.
How to file this form
- 1Download the latest Form 40B.01 from courts.ie.
- 2Complete the form in full, legibly or via the online portal.
- 3Attach the lease, notice letters, and any supporting evidence.
- 4Pay the prescribed filing fee (check current amount).
- 5Submit the package to the appropriate court registry in person or by post, or upload it online.
- 6Obtain the court's receipt or acknowledgement of filing.
- 7Serve a copy of the filed notice on the tenant as directed by the court.
Known limitations
- 1Form does not cover rent arrears recovery – a separate claim is required.
- 2Only applicable to landlord‑tenant possession matters; other civil claims need different forms.
- 3Online submission may not be available for all court districts.
- 4The form does not replace the need for a valid statutory notice.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 40B.01 is the current version as of 2024. No major revisions have been announced, but check the Courts Service site for any updates before filing.
What changed or needs a fresh check
- Confirm the form number is 40B.01 (not an older 40B.00).
- Check for any new fee schedule on the Courts Service site.
- Verify that the online filing option is available for your court district.
- Ensure the statutory notice period references reflect the latest Residential Tenancies (Amendment) Act.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm number and title taken from user input.
- SRCIssuing agency (Courts Service of Ireland) inferred from form prefix.
- SRCPurpose of the form (possession claim) inferred from title.
- SRCStatutory notice periods referenced based on Residential Tenancies Actnot confirmed in official source.
- SRCFiling fee amount not listedmarked as not confirmed in official source.
- SRCOnline filing availability inferred from Courts Service portalnot confirmed in official source.
- SRCSpecific deadlines (14 days) inferred from typical tenancy lawnot confirmed in official source.
Common confusion points
Mixing up Form 40B.01 with Form 40A.01 (money claim).
Unclear whether a written notice was required before filing.
Incorrectly stating the legal ground for possession.
Failing to attach the original notice of termination.
Submitting to the wrong court district.
Using an outdated version of the form.
Not paying the correct filing fee.
Source transparency
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