# Magistrates’ Courts Rules (Northern Ireland) 1984, Rule 131: Postponement of issue of decree for possession and application for the issue of the decree

Extent: N.I.

(1) Where a decree has been granted directing that a plaintiff be put in possession of premises to which sub-paragraph (a) of Article 67(1) of the Order applies and the court has postponed the issue of the decree under Article 116 of the Order for a period or periods conditional upon the payment of arrears of rent or sums due under Article 69 of the Order by the defendant and where costs are ordered to be paid, the costs of the proceedings being paid by instalments either in addition to the current rent or otherwise the decree shall not, subject to Article 117 of the Order, issue from the court until after default has been made in payment of an instalment and an order has been made by the court authorising the issue of the decree as provided by this Rule.
(2) Where default has been made as aforesaid, the plaintiff may apply to the court for an order authorising the issue of the decree upon giving the defendant notice in writing of his intention to make the application not less than seven days before the date of hearing of the application.
(3) Upon the hearing of the application the court may order that the decree be issued or, except as otherwise provided by Article 116 of the Order, may from time to time adjourn the application or may further postpone the issue of the decree upon the existing conditions or upon such new conditions as it thinks fit as to payment by instalments or otherwise.
(4) Where the court makes any such order, other than an order of adjournment, it may award to the plaintiff a sum not exceeding £1·00 for the costs of the application, which shall be in addition to, and recovered in the same manner as, any costs awarded on the original decree.
(5) The details of the application and the date on which it is heard shall be entered in the Ejectment Process Register.
(6) Where an application under this Rule is adjourned other than in the presence of the defendant or his solicitor the plaintiff of his solicitor shall notify the defendant or his solicitor of the date, time and place of the adjourned hearing.

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Source: https://www.legislation.gov.uk/nisr/1984/225/rule/131 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-131
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.