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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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.
Risk Radar
- Never sign an affidavit without having the contents witnessed by a commissioner for oaths.
- Providing false information in an affidavit is perjury
- Missing required details about the property or occupants
- Failing to properly swear the affidavit before a commissioner for oaths
- Not 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
- 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.
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
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Application for first possession order | Form 1 (Part I) | Initial application to court for possession | Different legal procedure with different requirements |
| Residential tenancy dispute | RTB forms | For landlord-tenant disputes under tenancy legislation | RTB has different procedures and remedies |
| Commercial property eviction | Commercial affidavit | Similar process but with different legal grounds | Commercial tenancies have different notice periods |
| Emergency possession application | Emergency affidavit | For urgent situations requiring immediate action | Requires additional evidence of urgency |
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
- • All sections completed accurately
- • Sworn before a commissioner for oaths
- • Copies of relevant court orders attached
- • Property details fully specified
- • Grounds for possession clearly stated
- • Supporting evidence included
How to file this form
- 1Complete all sections of the affidavit with accurate information
- 2Have the affidavit sworn before a commissioner for oaths
- 3Prepare copies of any relevant court orders or documents
- 4File the completed affidavit with the court office handling your case
- 5Pay any required filing fees
- 6Obtain a copy of the filed affidavit for your records
Known limitations
- • This form cannot be used to initiate possession proceedings - only to enforce existing orders
- • The court may refuse to issue a warrant if grounds are insufficient
- • Certain occupiers may have additional protections that prevent immediate eviction
- • Enforcement may be delayed if the occupier applies for a stay of execution
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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.
Agency: Courts Service of Ireland
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
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Circuit Court Forms
- Source
- Court Forms ↗
- Revision Date
- 26/01/26
Downloads
Part II : Miscellaneous: No. 5 Affidavit to Lead to Warrant in A Cause of Possession
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After you file
- • Wait for the court to process your application
- • Attend any required hearings or appointments
- • Arrange for enforcement once the warrant is granted
- • Consider engaging a sheriff or bailiff for the actual eviction
- • Keep records of all communications and actions taken
Related Forms
- ›Form 101.1 – Notice Of Appeal To The Circuit Court (Civil Proceedings)
- ›Form 101.2 – Notice Of Appeal To The Circuit Court (Criminal Proceedings)
- ›Form 2A – Ordinary Civil Bill
- ›Form 2B – Equity Civil Bill
- ›Form 2C – Ejectment Civil Bill (Non-payment of rent)
Source and verification log
- • Form name and number confirmed from provided information
- • Issuing agency confirmed as Courts Service of Ireland
- • Purpose inferred from the form name and standard legal procedures
- • Submission process based on standard Irish court procedures
- • Not confirmed in official source: Current form version
- • Not confirmed in official source: Specific filing fees
- • Not confirmed in official source: Exact processing times
Common confusion points
6 things to watch for
- 1
Confusing this form with the initial application for possession
- 2
Not understanding the difference between a possession order and a warrant of possession
- 3
Failing to properly identify the property in the affidavit
- 4
Not providing sufficient evidence to support the grounds for possession
- 5
Assuming the warrant grants immediate possession without further steps
- 6
Using this form for residential tenancy disputes that should go to the RTB
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
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Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
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Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
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