40B.01  Landlord And Tenant Claim Notice: Recovery Of Possession Of Premises

What this form is for

• • Use when you want a court order to evict a tenant.
• • Use for both residential and commercial leases.
• • Use if you have already served the required notice under the Residential Tenancies Act or Commercial Leases Act.
• • Do not use for disputes over rent arrears only – a separate money claim form is needed.
• • Use instead of Form 40A.01, which is for summary possession without a claim notice.

Use this form or another form?

Deadline or filing window

The claim notice must be filed within the period allowed by the relevant tenancy legislation – typically within 14 days of the notice of termination for residential tenancies.

Before you submit

• • Landlord and tenant names and addresses are correct.
• • Lease start and end dates match the original agreement.
• • Grounds for possession are clearly stated.
• • All required statutory notices are attached.
• • Copy of the lease is included.
• • Filing fee calculated and ready for payment.
• • Form signed by the landlord or authorised representative.
• • Date of filing is recorded.
• • Correct court registry selected.

How to file this form

1. 1Download the latest Form 40B.01 from courts.ie.
2. 2Complete the form in full, legibly or via the online portal.
3. 3Attach the lease, notice letters, and any supporting evidence.
4. 4Pay the prescribed filing fee (check current amount).
5. 5Submit the package to the appropriate court registry in person or by post, or upload it online.
6. 6Obtain the court's receipt or acknowledgement of filing.
7. 7Serve a copy of the filed notice on the tenant as directed by the court.

Known limitations

• • Form does not cover rent arrears recovery – a separate claim is required.
• • Only applicable to landlord‑tenant possession matters; other civil claims need different forms.
• • Online submission may not be available for all court districts.
• • The form does not replace the need for a valid statutory notice.