Warrant for possession

You can request a warrant for possession if the tenant or resident does not leave the premises by the date ordered by NCAT.

The information on this page applies only to cases in NCAT's Consumer and Commercial Division.


What is a warrant for possession?

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

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

How to request a warrant

Complete the warrant for possession request form and return it to NCAT.

Fees

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

The Office of the Sheriff of NSW 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.

Where orders are made for immediate possession a warrant can be requested once the Tribunal orders are served on the tenant/co-tenant/resident. 

What do I do after I have requested a warrant?

NCAT will email the warrant to the Office of the Sheriff and notify the parties.  

Contact the Office of the Sheriff 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 Office of the Sheriff Eviction Booking Request Form and pay a fee for service and execution of the warrant. 

Visit the Office of the Sheriff website for information about their procedures and costs for enforcing warrants for possession.

In agricultural tenancy and retail lease matters, NCAT will issue a certified copy of the order for possession for enforcement through the NSW Supreme Court.

Common questions

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

If you request a warrant after the 30 day time limit, the case will be listed for hearing for 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.  The tenant, co-tenant or resident will receive a letter from NCAT advising them that a warrant for possession has been issued and that that 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 Office of the Sheriff and paid the fee
  • why the original warrant was not executed in time.
Last updated:

03 Jun 2021

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