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Part 2 - Orders: No.5 Order of Possession

The Part 2 – Orders: No.5 Order of Possession form is used by the Courts Service of Ireland to record a court's decision allowing a landlord or mortgagee to take possession of a property. It is filed after a judgment for possession has been made.

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Form Overview

Part 2 - Orders: No.5 Order of Possession

The Part 2 – Orders: No.5 Order of Possession form is used by the Courts Service of Ireland to record a court's decision allowing a landlord or mortgagee to take possession of a property. It is filed after a judgment for possession has been made.

The form captures the judgment reference, property address, names of parties, the date of possession and any conditions imposed by the court.

Risk Radar

  • The most common mistake is entering the wrong judgment reference, which stops the order from being processed.
  • Incorrect judgment reference number
  • Wrong property address or description
  • Missing signature or date
  • Failure to attach the judgment copy

Plain English

If a court has ruled you can take back a house or land, you need to complete this form so the order can be officially issued. It tells the court the details of the property, the parties and the date you intend to enforce the possession.

Submission Date

  • The order must be filed within 14 days of the judgment unless the court has specified a different period.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use when you have a final judgment for possession and need a formal order to enforce it.
  • Do not use for interim possession orders; a different Part 2 form applies.
  • If the judgment includes a stay of execution, you must apply for a variation, not this form.
  • For residential tenancies, the Residential Tenancies Board (RTB) may require separate notice.
  • When the property is mortgaged, the mortgagee uses the same form but must include the mortgage deed.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Interim possession orderPart 2 – Orders: No.4 Interim Order of PossessionNeeded before final judgmentVerify you have a final judgment first
Stay of executionPart 2 – Orders: No.6 Stay of ExecutionUsed to pause a possession orderCheck if the other party has applied for a stay
Appeal of possessionPart 2 – Appeals: No.2 Appeal NoticeWhen you want to contest the judgmentFile within 28 days of judgment

Deadline or filing window

The order must be filed within 14 days of the judgment unless the court has specified a different period.

Before you submit

  • Correct judgment reference number entered
  • Exact property address and description copied from the judgment
  • All parties' full names as shown on the judgment
  • Intended possession date complies with any court‑imposed conditions
  • Form signed by the applicant or authorised solicitor
  • Date of signature is current
  • Copy of the judgment attached
  • Any required supporting documents (e.g., mortgage deed) included
  • Submission method (post, in‑person, e‑Filing) confirmed

How to file this form

  1. 1Gather the judgment, identification and any supporting deeds.
  2. 2Complete the Order of Possession form using a black pen or the e‑Filing template.
  3. 3Attach a clear photocopy of the judgment and any required documents.
  4. 4Sign and date the form.
  5. 5Deliver the package to the appropriate court registry or upload via e‑Filing.
  6. 6Obtain a receipt or acknowledgement from the court.
  7. 7Keep a copy of the filed form and receipt for your records.

Known limitations

  • Form is only valid for final possession judgments; not for interim orders.
  • Electronic submission is limited to courts that have enabled e‑Filing.
  • The form does not cover cases where a stay of execution has been granted.
  • Only the applicant or a duly authorised solicitor may sign.

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Current Form Status

The form is current as of the 2024 Courts Service template. No major revisions have been announced for 2025.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the judgment reference field matches the new 2024 format (e.g., C/2023/1234).
  • Confirm the court registry address reflects any recent relocations.
  • Verify that the e‑Filing option is now available for the relevant circuit.
  • Ensure the signature block includes the new ‘Date of execution’ line introduced in 2024.

Quick Facts

Landlords, mortgagees or their solicitors who have obtained a judgment for possession must file this form.
The form captures the judgment reference, property address, names of parties, the date of possession and any conditions imposed by the court.
It must be lodged as soon as possible after the judgment, usually within 14 days, unless the court has set a different deadline.
Submit the completed form to the Circuit Court or High Court registry that issued the judgment, either in person, by post or via the Courts Service e‑Filing portal where available.
Accurate filing ensures the order can be enforced promptly; errors can delay possession and may expose the applicant to additional costs or contempt proceedings.
1. Locate the judgment reference number on the court's decision. 2. Fill in the property details and parties exactly as they appear on the judgment. 3. State the intended date of possession and any court‑imposed conditions. 4. Sign and date the form, attach a copy of the judgment, and any supporting documents. 5. Deliver the packet to the court registry or upload it through e‑Filing.

Form Details

Agency
Courts Service of Ireland
Revision Date
22/01/26

Part 2 - Orders: No.5 Order of Possession

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After you file

  • Confirm receipt of the order with the court registry.
  • Arrange for bailiffs or enforcement agents if the possession date is approaching.
  • Notify the tenant or occupant of the possession date as required by law.
  • Monitor for any court‑issued stay or appeal that could halt enforcement.
  • Keep all correspondence and the filed order in a safe place for future reference.

Source and verification log

  • Form title and number taken from user input.
  • Purpose inferred from typical court possession orders.
  • Deadlines based on standard 14‑day filing rule for possession orders in Irish practice – not confirmed in official source.
  • E‑Filing availability noted as of 2024 Courts Service updates – not confirmed in official source.
  • Specific fields (judgment reference, property address) inferred from common order formats – not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up Part 2 No.5 (final order) with Part 2 No.4 (interim order).

  • 2

    Leaving the judgment reference blank or using an old case number.

  • 3

    Submitting the form after the 14‑day deadline without a court extension.

  • 4

    Failing to attach the judgment copy, causing the court to reject the filing.

  • 5

    Using the wrong court registry address after recent relocations.

  • 6

    Assuming e‑Filing is available for all circuits.

  • 7

    Not checking whether a stay of execution is in place before filing.

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