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Form 44C - Notice of Motion For Relief Under Section 124 of The Residential Tenancies ACT, 2004

This form initiates a legal request for relief under Section 124 of the Residential Tenancies Act, 2004. It is used within the Courts Service of Ireland system when seeking judicial intervention regarding tenancy disputes.

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Form Overview

Form 44C - Notice of Motion For Relief Under Section 124 of The Residential Tenancies ACT, 2004

This form initiates a legal request for relief under Section 124 of the Residential Tenancies Act, 2004. It is used within the Courts Service of Ireland system when seeking judicial intervention regarding tenancy disputes.

It captures details about the specific tenancy agreement and outlines the grounds upon which the applicant seeks relief from the court.

Risk Radar

  • Ensure you correctly cite Section 124 and attach all relevant supporting documentation.
  • Failing to include the original tenancy agreement details.
  • Incorrectly identifying the specific section of the Act (Section 124).
  • Missing supporting evidence or documentation required by court rules.
  • Submitting the motion without first attempting mandatory dispute resolution steps.

Plain English

This document helps start a formal process in court concerning issues related to your rental property rights or obligations. It allows you to ask the courts for specific action under Irish residential tenancy law.

Submission Date

  • Specific deadlines are governed by court procedure; consult the Rules of the Superior/District Circuit Court for precise timing requirements.
  • 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 initiating a formal court request for relief related to tenancy matters.
  • This is specifically required for actions falling under Section 124 of the Residential Tenancies Act, 2004.
  • Do not use this if you are only submitting documentation without requesting judicial intervention.
  • Consult professional advice if your dispute involves complex legal interpretations outside the scope of Section 124.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Dispute over rent arrearsResidential Tenancies Board (RTB) formsThe RTB handles initial disputes; this form is for court action after other steps.Verify if the dispute has been mediated through the RTB first.
Seeking general tenancy adviceInformational resources/Legal AidThis form initiates a legal motion, not an advisory inquiry.Confirm that your issue requires a judicial order rather than guidance.
Notice of termination (non-court)Standard notice letterA simple notice does not require this court filing.Ensure the action you need is specifically covered by Section 124.
Form related to CRO filingsCompanies Registration Office portal formsThis form relates only to residential tenancies and courts, not company structure.Confirm that your dispute involves a private residence tenancy.

Deadline or filing window

Specific deadlines are governed by court procedure; consult the Rules of the Superior/District Circuit Court for precise timing requirements.

Before you submit

  • Ensure all sections are completed using clear and legible handwriting or typing.
  • Attach copies of all relevant tenancy documentation (e.g., lease, payment records).
  • Clearly state the relief sought in the 'Notice of Motion' section.
  • Confirm that all parties involved have been correctly identified on the form.
  • Review the filing fees required by the Courts Service of Ireland and include payment details.

How to file this form

  1. 1Complete Form 44C, ensuring all personal and property details are accurate.
  2. 2Gather supporting documentation relevant to Section 124 claims.
  3. 3Submit the completed form and evidence package to the appropriate Courts Service office or online portal.
  4. 4Pay the required court filing fees at the time of submission.
  5. 5Obtain a confirmation receipt detailing the case number assigned by the court.

Known limitations

  • This form only initiates the motion; it does not guarantee a favorable outcome.
  • The courts determine jurisdiction; ensure Section 124 is the correct legal basis for your claim.
  • Failure to include all required supporting evidence may delay or reject the filing.
  • Procedural rules are subject to change by the Courts Service of Ireland.

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Current Form Status

This form relates to specific legal actions within the Courts Service of Ireland concerning tenancy disputes. Always check the official Courts Service website for the latest procedural requirements or updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the current court rules applicable to motions for relief.
  • Check if any amendments have been made to Section 124 since the last version of the form was published.
  • Confirm required supporting evidence (e.g., lease agreements, correspondence) is up-to-date.
  • Review specific procedural requirements mandated by the Courts Service of Ireland.

Quick Facts

The form is generally filed by an individual or party seeking legal relief in a dispute involving a residential tenancy.
It captures details about the specific tenancy agreement and outlines the grounds upon which the applicant seeks relief from the court.
This motion must be submitted when all other attempts to resolve the dispute through informal means have failed, or when immediate judicial action is required.
Submission typically occurs via the designated Courts Service of Ireland portal or by following specific court procedures.
Submitting this form correctly ensures that the court has all necessary details to properly consider your claim against the relevant party. Errors can cause significant delays in resolving tenancy disputes.
First, gather all documentation related to the tenancy dispute and the agreement itself. Complete all sections of Form 44C accurately, ensuring names and addresses are correct. Follow the specific procedural rules outlined by the Courts Service for filing motions.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 44C - Notice of Motion For Relief Under Section 124 of The Residential Tenancies ACT, 2004

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After you file

  • Keep a record of the assigned court case number and file details.
  • Adhere strictly to any deadlines set by the court registry for further submissions.
  • Be prepared to attend scheduled hearings or mediation sessions.
  • Track all official correspondence received from the Courts Service.

Source and verification log

  • Issuing Agency: Courts Service of Ireland
  • Form Number: Form 44C
  • Act Reference: Residential Tenancies Act, 2004
  • Purpose: Initiating judicial motion for tenancy relief under Section 124.
  • Date/Version: not confirmed in official source

Common confusion points

4 things to watch for

  • 1

    Mistaking a simple dispute resolution process (RTB) for formal court action (Form 44C).

  • 2

    Assuming completing the form automatically resolves the underlying tenancy conflict.

  • 3

    Failing to distinguish between the 'relief sought' and the factual background of the dispute.

  • 4

    Not realizing that the courts require proof of service on all other parties involved.

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