In the event that an eviction order (otherwise known as a ‘decree’) is granted in absence, i.e. the tenant has not appeared at court on the Calling date or a continuation of it, nor has he arranged to be represented, then it might be possible to apply to have the order recalled in order to stop eviction and to return the case to court.

This involves the preparation, lodging, warranting and service of a document called a ‘Minute for Recall of Decree’. This procedure for recalling decree is very important in landlord/tenant eviction cases, as tenants fail to appear at court or to arrange representation the first time the case calls.

The procedure is often technical and may require specific advice from a qualified solicitor. That said, generally it should be possible to use this procedure on the following conditions:

1. This is the first time the tenant has used the procedure in these proceedings;
2. The tenant has not already stated a defence in the case;
3. Eviction has not actually taken place yet;
4. The Minute document is valid.

To be valid the Minute must follow a particular form, specifing, among other things, the date when the eviction order was granted, the reason why the tenant did not appear at court, and the proposed defence.

For an example / style, please follow this link.