UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.4 Default judgment on claim for possession of land

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.4

16.4 Default judgment on claim for possession of land

(cf SCR Part 17, rule 7)

(1) Subject to rule 36.8, if the plaintiff's claim against a defendant in default is for possession of land only, judgment may be given for the plaintiff for possession of land, as against the defendant, and for costs.

(2) If, before judgment is given, any person files notice of motion for the person's addition as a defendant, judgment may not be given under this rule until the motion is disposed of.

(3) The relevant affidavit in support--

(a) must identify any persons (other than parties to the proceedings) who were in occupation of the whole or any part of the land--

(i) as at the time the originating process was filed, or

(ii) if the claim for possession arises from an amendment to the originating process, as at the time the amendment was made,

and, if any such person was in occupation of the land pursuant to a right of occupation under a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010 , must contain a statement to that effect, and

(b) in relation to each such person--

(i) must state that the person's occupation of the land is not to be disturbed, or

(ii) must state that the person is no longer in occupation of any part of the land, or

(iii) must state that the person has been served with a notice pursuant to rule 6.8 and that the time allowed for the person to apply to the court to be joined as a defendant has now passed,

as the case requires, and

(c) if the claim for possession of the land arises from a default in the payment of money, must give particulars of the default (including any payments made to date to reduce the amount owing and the current amount owing taking into account any such payments), and

(d) must state the source of the deponent's knowledge of the matters stated in the affidavit concerning the occupation of the land and any default in the payment of money referred to in paragraph (c), and

(e) must state whether costs are claimed and, if so, how much is claimed for costs, indicating--

(i) how much is claimed on account of professional costs (not exceeding the amount fixed by the regulations made for the purposes of section 59 of the Legal Profession Uniform Law Application Act 2014 ), and

(ii) how much is claimed on account of filing fees, and

(iii) how much is claimed on account of the costs of serving the originating process, and

(f) must state when and how the originating process was served on the defendant.

(4) A reference in this rule to a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010 is taken to include a reference to a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987 as in force before its repeal.