Part 1 - Praecipe: No.4 For Order of Possession
The Part 1 – Praecipe No. 4 for Order of Possession is a Courts Service of Ireland form used to apply for a court order to take possession of a property. It is typically filed by a landlord or mortgagee after a judgment for possession has been made.
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Part 1 - Praecipe: No.4 For Order of Possession
The Part 1 – Praecipe No. 4 for Order of Possession is a Courts Service of Ireland form used to apply for a court order to take possession of a property. It is typically filed by a landlord or mortgagee after a judgment for possession has been made.
Risk Radar
- The most common mistake is omitting the judgment reference – the court cannot link your request to the original decision.
- Wrong judgment reference number
- Incorrect property address
- Missing supporting documents
- Failure to sign or date the form
Plain English
If you have won a court case that says someone must leave a house or land, you use this paper to ask the judge to actually enforce that decision. It tells the court you want an official order that lets you take back the property.
Submission Date
- There is no statutory deadline, but filing promptly (usually within 4 weeks of the judgment) avoids unnecessary delays and keeps enforcement costs low.
- 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
- • You have a final judgment for possession and need a court‑issued order.
- • The occupant has not vacated voluntarily after the notice period.
- • You intend to use bailiffs or a sheriff to enforce the order.
- • You are not seeking a possession order for a commercial lease (different form may apply).
- • The case is being heard in a District or Circuit Court, not the High Court.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Tenant has not paid rent but no judgment yet | Form N1 – Notice of Termination of Tenancy | Used to start the eviction process | Verify you have a valid notice first |
| Mortgagee wants possession before judgment | Form 4 – Application for Possession (mortgage) | Requires proof of default and mortgage deed | Obtain lender’s consent |
| High Court case | Form 5 – Order of Possession (High Court) | Different jurisdiction and fees | Confirm the court level |
Deadline or filing window
There is no statutory deadline, but filing promptly (usually within 4 weeks of the judgment) avoids unnecessary delays and keeps enforcement costs low.
Before you submit
- • Judgment reference matches the court record.
- • Property address is complete and accurate.
- • All required attachments are included (judgment copy, notice of termination, title documents).
- • Form is signed and dated by the applicant or authorised representative.
- • Correct filing fee is attached or paid online.
- • Correct court registry selected.
- • If filing electronically, PDF is clear and readable.
- • Copy of the completed form retained for your records.
- • Contact details are up‑to‑date.
How to file this form
- 1Prepare supporting documents.
- 2Complete the Praecipe No. 4 form.
- 3Sign and date the form.
- 4Pay the filing fee.
- 5Submit in person, by post, or via the e‑Filing portal.
- 6Obtain a receipt or filing acknowledgement.
- 7Wait for the court to issue the Order of Possession.
Known limitations
- • Only applicable after a final judgment for possession.
- • Does not cover commercial leases above €1 million (different form required).
- • Electronic filing may not be available in all districts.
- • The form does not include a schedule of costs – a separate fee may apply.
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✦ Open in AI EditorCurrent Form Status
The form is still in use as of 2026. No major redesign has been announced, but always check the Courts Service website for the latest version before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the form header for the latest version date.
- • Confirm the fee amount on the Courts Service fee schedule.
- • Verify that the e‑Filing option is available for your court.
- • Ensure the judgment reference field format matches the current template.
- • Review any updated instructions on the Courts Service website.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Circuit Court Forms
- Source
- Court Forms ↗
- Revision Date
- 22/01/26
Downloads
Part 1 - Praecipe: No.4 For Order of Possession
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After you file
- • Keep the filing receipt and copy of the order.
- • Arrange bailiffs or sheriff service if the occupant does not vacate by the order date.
- • Monitor the court’s docket for any objections or adjournments.
- • Pay any additional enforcement costs promptly.
- • Update tenancy or mortgage records to reflect the possession.
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 title and number taken from user input.
- • Issuing agency identified as Courts Service of Ireland.
- • Purpose inferred from typical use of Praecipe No. 4 for possession orders.
- • Procedural steps based on general Irish court filing practice.
- • Fee and e‑Filing availability not confirmed in official source.
- • Exact deadline requirements not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up Praecipe No. 4 with other Praecipe forms (e.g., for injunctions).
- 2
Assuming the form can be used before a judgment is entered.
- 3
Leaving the ‘date of possession’ blank – the court needs a specific date.
- 4
Submitting to the High Court registry by mistake.
- 5
Not attaching the original judgment copy.
- 6
Failing to include the correct fee amount.
- 7
Using an outdated version of the form.
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