Warrant for possession

What is a warrant for possession?

A warrant for possession authorises a Sheriff’s Officer to enter the premises and evict the tenant or resident.

You can request a warrant for possession if a tenant or resident has not left the premises, and NCAT has made orders for termination and possession.

A warrant for possession can be issued in tenancy and social housing, holiday parks, residential communities, retirement village, agricultural tenancy and retail lease cases.

How to request a warrant

Complete the Request to issue a warrant for possession form (PDF, 155.0 KB) and send to the NCAT Registry office managing your case.

Fees

There is no fee payable to request a warrant for possession from NCAT. 

The NSW Sheriff’s Office will charge a fee to execute the warrant.

Time limits

You must request a warrant within 30 days after the date of possession ordered by NCAT.

A warrant request can only be made after the date of possession has passed.

Warrants against interstate parties

If you are going to Court after NCAT or seeking a warrant for possession involving parties in another state or territory, you may be affected by Federal jurisdiction . For more information refer to the Local Court website.

What do I do after I have requested a warrant?

NCAT will email the warrant to the NSW Sheriff's Office and notify the parties.  

• Contact the NSW Sheriff's Office within 7 days to arrange eviction of the tenant or resident. The warrant must be executed within 28 days of the date of issue. 
• You will need to complete the Eviction Booking Request Form and pay a fee for service and execution of the warrant. 
• Visit the NSW Sheriff's Office website for information about their procedures and costs for enforcing warrants for possession.

Common questions

Can I apply for a warrant after the 30 day time limit?

If you request a warrant after the 30 day time limit, the case is listed for hearing at NCAT to determine whether the warrant should be issued or if the parties have entered into a new tenancy agreement.  

Is the tenant notified about the warrant?

Yes. NCAT will send a letter to the tenant, co-tenant or resident telling them that a warrant for possession has been issued and they should expect a Sheriff’s Officer to turn up at the premises. 

The Sheriff was unable to execute the warrant

Sometimes the Sheriff’s Office is unable to execute the warrant within the 28 day timeframe.  This may be due to public holidays, the unavailability of a Sheriff’s Officer in regional NSW or where a NCAT stay order has been made pending an appeal.

You can ask NCAT to relist the matter to consider whether another warrant can be issued out of time. You will need to explain:

• the reason for your request
• when you made arrangements with the NSW Sheriff's Office and paid the fee
• why the original warrant was not executed in time.