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99A.1 Application For An Excluding Order - Housing (Miscellaneous Provisions) Act 1997

This form is an application for an excluding order under the Housing (Miscellaneous Provisions) Act 1997, used to legally remove someone from a property when they have no right to be there. It's typically used in housing disputes where other resolution methods have failed.

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Form Overview

99A.1 Application For An Excluding Order - Housing (Miscellaneous Provisions) Act 1997

This form is an application for an excluding order under the Housing (Miscellaneous Provisions) Act 1997, used to legally remove someone from a property when they have no right to be there. It's typically used in housing disputes where other resolution methods have failed.

The form captures information about your occupancy rights, details about the person you want excluded, and reasons why they should be removed from the property.

Risk Radar

  • The most common mistake is failing to provide sufficient evidence of your legal right to occupy the property.
  • Incomplete form may lead to rejection
  • Missing required evidence weakens your case
  • Incorrect court location causes processing delays
  • Failure to properly serve notice to the other party

Plain English

This form helps you ask the court to legally remove someone from your home if they shouldn't be there. It's a serious legal step that requires clear evidence and follows specific housing laws in Ireland.

Submission Date

  • There is typically no strict deadline, but you should file as soon as the issue arises since courts may prioritize urgent cases, especially those involving safety concerns.
  • 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

  • Use this form when someone is occupying your property without legal right
  • Use when you need a court order to remove someone from your home
  • Use when other dispute resolution methods have failed
  • Use when there are safety concerns requiring immediate legal intervention
  • Use for cases specifically covered under the Housing (Miscellaneous Provisions) Act 1997

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Eviction for non-payment of rentForm 99A.2Different legal grounds for removalCheck if the issue is rent-related
Domestic violence situationForm 137Special protections for victimsVerify if violence is the primary issue
Property trespassForm 99A.3Different legal proceduresConfirm if trespass is the main concern
Commercial property disputeCommercial Court formsDifferent legal processCheck if property is residential

Deadline or filing window

There is typically no strict deadline, but you should file as soon as the issue arises since courts may prioritize urgent cases, especially those involving safety concerns.

Before you submit

  • Form is fully completed with all sections answered
  • All required supporting documents are included
  • Correct court location identified for submission
  • Appropriate fee is included or exemption claimed
  • Copy of form is kept for your records
  • Legal advice has been obtained if possible
  • Proper notice has been given to the other party

How to file this form

  1. 1Obtain the official form from the Courts Service website or local court office
  2. 2Complete all sections with accurate information
  3. 3Gather supporting evidence and documents
  4. 4Submit the completed form to the appropriate District Court
  5. 5Pay any required fee or apply for exemption
  6. 6Attend any required court hearings
  7. 7Keep copies of all submitted documents and court communications

Known limitations

  • This form only applies to residential property situations
  • The order may not apply if the other person has legal occupancy rights
  • Emergency situations may require immediate police involvement
  • The form doesn't address related issues like property division or financial settlements
  • Court decisions are based on evidence presented at the time of filing

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Current Form Status

This form is current as of the latest version from the Courts Service of Ireland, but housing laws may change, so verify the latest requirements before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify current fee requirements as they may change
  • Check if recent amendments to the Housing Act affect your case
  • Confirm if additional documentation is now required
  • Ensure the form number hasn't been updated
  • Check if court procedures have changed recently

Quick Facts

This form should be completed by someone who has legal rights to occupy a property but is facing issues with another person who may be wrongfully present or causing problems.
The form captures information about your occupancy rights, details about the person you want excluded, and reasons why they should be removed from the property.
You should submit this form when you need immediate legal intervention to remove someone from your property and other measures have failed or are not appropriate.
Submit this form to the local District Court where the property is located, either in person during court hours or by post to the court office.
Submitting correctly matters because errors could delay your case or lead to dismissal, potentially leaving you in an unsafe or unwanted living situation longer than necessary.
Complete all sections of the form with accurate information and dates. Gather any evidence supporting your claim, such as tenancy agreements or police reports. Submit the completed form to the appropriate District Court with any required fee.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

99A.1 Application For An Excluding Order - Housing (Miscellaneous Provisions) Act 1997

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After you file

  • Await notification of court date
  • Prepare any additional evidence requested by the court
  • Attend the hearing as required
  • Follow up on the court's decision
  • If granted, ensure compliance with the order
  • Keep records of any breaches of the order

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Housing (Miscellaneous Provisions) Act 1997
  • Standard procedure for District Court housing disputes
  • Excluding orders are legal remedies for property occupation issues
  • Not confirmed in official source: current processing times
  • Not confirmed in official source: specific documentation requirements
  • Not confirmed in official source: exact fee amounts
  • Not confirmed in official source: recent changes to procedures

Common confusion points

7 things to watch for

  • 1

    Confusing this form with eviction notices for non-payment of rent

  • 2

    Not understanding the difference between an excluding order and an eviction order

  • 3

    Unclear about what evidence is required to support the application

  • 4

    Misunderstanding who has legal rights to occupy the property

  • 5

    Confusion about the legal process timeline and next steps

  • 6

    Not knowing if legal representation is required

  • 7

    Uncertainty about the costs involved in the process

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