County Court Rules (Northern Ireland) 1981

Actions for recovery of land

4.—(1) In any action for the recovery of land—

(a) for overholding, the civil bill shall be served—

(i) on the tenant; and

(ii) on any person in actual possession of the land;

(b) for non-payment of rent, the civil bill shall be served on arty person in actual possession of the land as tenant or under-tenant;

(c) on the title, the civil bill shall be served—

(i) on any person in actual possession of the land; and

(ii) on any person who is in receipt of the rents or profits of the land or any part thereof; and

(iii) on such other persons as the judge may direct;

so, however, that in relation to an application for possession made in accordance with Rule 10 of Order 40 the civil bill shall be served on the judgment debtor instead of on such persons as are referred to in sub-paragraph (ii) above;

(d) where at least six months' rent of the land remains unpaid and the tenant has deserted or otherwise abandoned the land leaving the premises thereon unoccupied or the land not farmed in accordance with the rules of good husbandry, the civil bill shall be served—

(i) on the tenant; and

(ii) on any person in actual possession of the land;

(e) where any person has been put into possession or occupation of the land by permission, or as a servant or caretaker, or as a tenant strictly at will or on sufferance, the civil bill shall be served on—

(i) the person who has been so put into possession or occupation; or

(ii) any persons being or claiming to be in possession or occupation through or under such person.

(2) Where in any action to which any of the sub-paragraphs (b) to (e) of paragraph (1) applies there is no person in actual possession of the land to which the action relates, a copy of the civil bill shall be affixed on some conspicuous part of the land.