PART IVCOUNTY COURTS
Exercise of remedies
Leave to distrain28
1
An application for leave to distrain shall be made by originating application.
2
The application shall be in Form 7 and the notice required by Order VI, Rule 4 (2) (c) (ii), to be served on the respondent with a copy of the application shall be in Form 8 in lieu of the form prescribed in that sub-paragraph.
3
A person regularly employed by the applicant to collect the rent of the premises to which the application relates shall be deemed to be a person in the permanent and exclusive employ of the applicant within the meaning of Order VIII, Rule 2 (b) (ii).
4
Where service is effected otherwise than by a bailiff—
a
the documents shall be delivered to the respondent or to some person apparently not less than 16 years old at the premises to which the application relates, and
b
the person effecting service shall make an indorsement to the effect of Form 31 in the County Court Rules, 19361, on the copy of the notice retained by him and shall state therein his qualification to serve the documents, and shall, within three days of the date of service or such further time as may be allowed by the registrar, file in the court office the indorsed copy of the notice and any unserved notice.
5
The day fixed for hearing the application need not be a court day, and the application may be heard and determined by the registrar, in court or in chambers, whether the judge is holding a court or not.
6
Where leave to distrain for the rent of any premises is required both by the Act and by the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, the application shall be made in accordance with these Rules and not in accordance with the Increase of Rent and Mortgage Interest (Restriction) Rules, 19202, as amended.
7
An order giving leave to distrain shall be in Form 9 and shall be served on the applicant and the respondent.