Possession Proceedings for Residential Properties: Important Update

31-08-2016

Author: Orla O’Connor, Cormac Kissane, Robert Cain, Colin Monaghan, Declan McBride, Deirdre O’Mahony, Amelia Walsh



The Court of Appeal has held that the Circuit Court does not have jurisdiction to hear possession proceedings in relation to non-rateable residential properties which are neither principal private residences nor housing loan mortgages. This decision has significant implications in terms of both the timing and cost of possession proceedings, in particular with respect to buy-to-let properties, and casts doubt on the Circuit Court’s jurisdiction in respect of other disputes concerning such properties.

Read the full briefing here.

 

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