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93.2 Order Determining Who Shall Be Tenant - Housing (Private Rented Dwellings) Act 1982

This form officially determines who should be recognized as the tenant under a rental property in Ireland. It relates specifically to rules set out by the Housing (Private Rented Dwellings) Act 1982. You use this when there is a dispute over tenancy rights.

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Form Overview

93.2 Order Determining Who Shall Be Tenant - Housing (Private Rented Dwellings) Act 1982

This form officially determines who should be recognized as the tenant under a rental property in Ireland. It relates specifically to rules set out by the Housing (Private Rented Dwellings) Act 1982. You use this when there is a dispute over tenancy rights.

The form captures details about the property and the individuals involved. It formally declares who the rightful tenant is under the 1982 Act.

Risk Radar

  • Do not assume the tenancy is settled; always use this form if there is any doubt.
  • Not clearly stating which party is the primary tenant.
  • Using outdated property address details.
  • Failing to sign and date the form correctly.
  • Submitting it without a clear explanation of why the determination is needed.

Plain English

If you and someone else are renting a house or apartment, but you disagree on who the official tenant should be, you use this form. It helps settle that argument according to Irish housing law. This document makes the determination official with the Courts Service.

Submission Date

  • While no universal deadline applies, submit this as soon as a disagreement over who the tenant should be occurs. Prompt submission helps keep legal timelines moving forward.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • You need this form when there is a disagreement about who legally qualifies as the tenant of a rented home in Ireland.
  • Use it specifically under the rules of the Housing (Private Rented Dwellings) Act 1982.
  • This applies to private rental properties, not necessarily public housing or commercial leases.
  • It is used when tenancy rights are unclear between parties.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Dispute over who pays rentNot confirmed in official source (but likely related)This form focuses on *who* the tenant is, not just *what* they owe.Check if the dispute is about payment amount.
Application for new tenancyForm 93.2 (or similar)If you are applying but someone else claims they should be the tenant, use this to resolve it first.Don't submit this before confirming who has the right to rent.
Change of tenant name/detailsNot confirmed in official sourceUse this if the tenancy itself is fine, but the recognized tenant needs updating on record.Check if the change impacts legal rights or just administrative details.

Deadline or filing window

While no universal deadline applies, submit this as soon as a disagreement over who the tenant should be occurs. Prompt submission helps keep legal timelines moving forward.

Before you submit

  • All required fields on Form 93.2 are completed in black ink.
  • Both the landlord/owner and the disputing party have signed the form.
  • The property address is clearly written and matches official records.
  • You have correctly identified the specific provision of the 1982 Act that applies to your case.
  • Ensure supporting documentation (like lease agreements) is ready to attach.

How to file this form

  1. 1Complete all sections of Form 93.2 thoroughly.
  2. 2Sign and date the form where indicated by the Courts Service of Ireland.
  3. 3Attach copies of relevant evidence (e.g., tenancy agreement, correspondence).
  4. 4Submit the completed package to the appropriate local Court office.
  5. 5Keep a copy of the submitted form for your records.

Known limitations

  • This form does not determine the *amount* of rent owed; it determines *who* is legally responsible for paying it.
  • It is specific to private rentals and may not cover properties under specific local authority schemes without further context.
  • The Courts Service of Ireland will review this, but submission does not guarantee a ruling in your favour.
  • Not confirmed in official source: The exact fee payable with the form is not listed on the name/number alone.

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Current Form Status

This form is active and relates to the Housing (Private Rented Dwellings) Act 1982. It remains the standard document for determining tenancy status.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check for any updates to the specific wording regarding 'Private Rented Dwellings'.
  • Verify the current date/revision number printed on the form.
  • Confirm that the reference to the Housing (Private Rented Dwellings) Act 1982 is accurate.
  • Ensure no new clauses have been added concerning specific types of housing (e.g., short-term rentals).

Quick Facts

Landlords, tenants, or other interested parties involved in a rental dispute can submit this form. The party initiating the request is typically the one filing it.
The form captures details about the property and the individuals involved. It formally declares who the rightful tenant is under the 1982 Act.
Submit this when a dispute arises regarding tenancy rights for a private rental dwelling. There isn't one fixed deadline unless specified by the court case itself.
You can submit it to the Courts Service of Ireland. Submission methods include posting, or potentially via an online portal if available through the relevant Irish courts site.
Correct completion ensures the official record matches reality. Errors could mean the wrong person is recognized as the tenant for legal purposes.
First, clearly identify the property address and the parties involved on Form 93.2. Next, state clearly who you believe should be the tenant. Finally, sign and date the form before sending it to the Courts Service.

Form Details

Agency
Courts Service of Ireland
Revision Date
02/11/25

93.2 Order Determining Who Shall Be Tenant - Housing (Private Rented Dwellings) Act 1982

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After you file

  • Obtain an acknowledgement receipt from the Court office when you submit it.
  • Note down the date and time of submission.
  • Follow up with the Courts Service periodically to track the progress of your application.
  • Keep copies of all correspondence related to this specific form.

Source and verification log

  • Issuing Body: Courts Service of Ireland (COURTS)
  • Form Number: 93.2
  • Act Reference: Housing (Private Rented Dwellings) Act 1982
  • Purpose: Officially determines tenant status in private rentals.
  • Not confirmed in official source: The specific jurisdiction/court level it must be filed with.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Tenant' with 'Occupier': The form determines legal tenancy, which is broader than just someone living there.

  • 2

    Thinking it applies everywhere: It focuses on the 1982 Act; other laws might govern specific situations (e.g., mortgage-backed rentals).

  • 3

    Who must sign? Both parties involved in the dispute usually need to sign, not just the landlord.

  • 4

    Assuming a simple lease is enough: Even with a written lease, this form may be needed if that lease has ambiguities.

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