IECOURTSCircuit Court Forms

Official form guide

Form Part II : Miscellaneous: No. 5 Affidavit to Lead to Warrant in A Cause of Possession

This is an affidavit form used in possession proceedings before the Irish courts. It's typically used when a landlord or property owner seeks to regain possession of property from a tenant or occupier.

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Form Overview

Courts Service of Ireland - Form Part II : Miscellaneous: No. 5 Affidavit to Lead to Warrant in A Cause of Possession

This is an affidavit form used in possession proceedings before the Irish courts. It's typically used when a landlord or property owner seeks to regain possession of property from a tenant or occupier.

The form captures sworn statements about the grounds for possession, details of the property, information about the occupants, and reasons why the plaintiff should be granted a warrant of possession.

Risk Radar

Scan points
  • 1Never sign an affidavit without having the contents witnessed by a commissioner for oaths.
  • 2Providing false information in an affidavit is perjury
  • 3Missing required details about the property or occupants
  • 4Failing to properly swear the affidavit before a commissioner for oaths
  • 5Not including all necessary supporting evidence

Plain English

An affidavit is a sworn statement that tells your side of the story in court. This particular form helps you ask the court to issue a warrant allowing you to take back possession of your property from someone who shouldn't be there.

Submission Date

  • Filing date: There's no fixed deadline for submitting this form, but it should be filed promptly after obtaining a possession order to avoid delays in regaining possession of your property.
  • 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

warrantcourt

Hover a term to preview the meaning.

What this form is for

  • Use this form when you need to obtain a warrant of possession after winning a possession case
  • This form is specific to possession proceedings, not other types of eviction cases
  • Not for use in residential tenancy disputes that fall under the Residential Tenancies Board
  • Different from an application for possession - this is for enforcing an existing order

Form selector

Use this form or another form?

Application for first possession order

Initial application to court for possession

✓ Different legal procedure with different requirements

Form 1 (Part I)

Residential tenancy dispute

For landlord-tenant disputes under tenancy legislation

✓ RTB has different procedures and remedies

RTB forms

Commercial property eviction

Similar process but with different legal grounds

✓ Commercial tenancies have different notice periods

Commercial affidavit

Emergency possession application

For urgent situations requiring immediate action

✓ Requires additional evidence of urgency

Emergency affidavit

Deadline or filing window

There's no fixed deadline for submitting this form, but it should be filed promptly after obtaining a possession order to avoid delays in regaining possession of your property.

Before you submit

  1. 1All sections completed accurately
  2. 2Sworn before a commissioner for oaths
  3. 3Copies of relevant court orders attached
  4. 4Property details fully specified
  5. 5Grounds for possession clearly stated
  6. 6Supporting evidence included

How to file this form

  1. 1Complete all sections of the affidavit with accurate information
  2. 2Have the affidavit sworn before a commissioner for oaths
  3. 3Prepare copies of any relevant court orders or documents
  4. 4File the completed affidavit with the court office handling your case
  5. 5Pay any required filing fees
  6. 6Obtain a copy of the filed affidavit for your records

Known limitations

  1. 1This form cannot be used to initiate possession proceedings - only to enforce existing orders
  2. 2The court may refuse to issue a warrant if grounds are insufficient
  3. 3Certain occupiers may have additional protections that prevent immediate eviction
  4. 4Enforcement may be delayed if the occupier applies for a stay of execution

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This form is part of the standard court procedure for possession cases in Ireland. Always check the Courts Service website for the most recent version.

What changed or needs a fresh check

  • Verify you're using the latest version from the Courts Service website
  • Check if any recent changes to possession procedures affect this form
  • Confirm the form number matches your case type
  • Ensure all references to legislation are current

Form Preview

Part II : Miscellaneous: No. 5 Affidavit to Lead to Warrant in A Cause of Possession page 1

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Part II : Miscellaneous: No. 5 Affidavit to Lead to Warrant in A Cause of Possession page 2

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Quick Facts

This form is typically completed by a plaintiff or their legal representative in possession proceedings, usually a landlord seeking to regain possession of property.
The form captures sworn statements about the grounds for possession, details of the property, information about the occupants, and reasons why the plaintiff should be granted a warrant of possession.
Submit this form after you've initiated possession proceedings and need to obtain a warrant to enforce the court's possession order.
Submit this form to the relevant court office handling your possession case, either in person, by post, or through the Courts Service's electronic filing system if available.
Submitting an incomplete or incorrect affidavit can delay your possession case or lead to the warrant being denied, potentially prolonging the legal process.
Complete all sections with accurate information, sign in the presence of a commissioner for oaths, include necessary supporting documents, and file with the appropriate court office. Ensure all statements are truthful and can be verified.

Form Details

Revision date
26/01/26

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Sources

  • SRCForm name and number confirmed from provided information
  • SRCIssuing agency confirmed as Courts Service of Ireland
  • SRCPurpose inferred from the form name and standard legal procedures
  • SRCSubmission process based on standard Irish court procedures
  • SRCNot confirmed in official source: Current form version
  • SRCNot confirmed in official source: Specific filing fees
  • SRCNot confirmed in official source: Exact processing times

Common confusion points

Confusing this form with the initial application for possession

Not understanding the difference between a possession order and a warrant of possession

Failing to properly identify the property in the affidavit

Not providing sufficient evidence to support the grounds for possession

Assuming the warrant grants immediate possession without further steps

Using this form for residential tenancy disputes that should go to the RTB

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