# County Court Rules (Northern Ireland) 1981, Rule 4: Claim for possession of land

Extent: N.I.

(1) Where a civil bill is endorsed with a claim against a defendant for possession of land only, then subject to paragraphs (2), (3) and (4), if that defendant fails to serve a notice of intention to defend in Form 42 within a period of 21 days after service upon him of the civil bill, the plaintiff may enter judgment for possession of the land as against that defendant and continue with the proceedings against the other defendants if any.
(2) The plaintiff shall not be entitled, except with the leave of the district judge, to enter judgment under this Rule unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the claim does not relate to a dwelling-house.
(3) The plaintiff shall not be entitled, except with the leave of the district judge, to enter judgment under this Rule where the civil bill is endorsed with a claim against a defendant for possession of land for non-payment of rent unless he produces a certificate by his solicitor, or (if he sues in person) an affidavit, stating that the land does not comprise or include a holding agricultural or pastoral or partly agricultural and partly pastoral.
(4) The plaintiff shall not be entitled to enter judgment under this Rule where the civil bill is endorsed with a claim against a defendant for possession of land for non-payment of rent unless he lodges with the chief clerk an affidavit made by the landlord, his agent, receiver or clerk, stating that there was at the date of service of the civil bill at least one year’s rent due over and above all just and fair allowances.
(5) An application for leave to enter judgment under paragraph (2) or (3) shall state the grounds of the application, and the application must, unless the district judge otherwise orders be served on the defendant against whom it is sought to enter judgment.
(6) Where there is more than one defendant, any judgment entered under this Rule shall contain a stay of enforcement against any defendant unless and until judgment for possession of the land has been entered against all the defendants.
(7) Where the plaintiff is a superior landlord and he applies under paragraph (3) for leave to enter judgment against a defendant who is an immediate landlord the district judge may, having regard to the provisions of section 12 of the Land Law (Ireland) Act 1896:—
(a) give such directions as to notice to tenants and otherwise and grant leave subject to such limitations as to enforcement of the judgment and such provisions as to costs as he thinks just;
(b) on proof by affidavit that the non-payment of rent by the defendant is due to the non-payment of rent by the tenant of the holding, issue a certificate to that effect.

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/12/chapter/1/rule/4 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-12/chapter-1/rule-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.