Common questions - Enforcement

Consumer and Commercial Division 

The following are common questions and their answers about the enforcement of NCAT orders.  This information is provided as a general guide only and should not be treated as legal advice or relied upon as such.​

The tenant hasn't left the premises yet. How can I make them leave? 

You can request NCAT issue you with a warrant for possession.  The warrant will allow a Sheriff's Officer to remove the tenant and their belongings from the rental premises.  The steps for a warrant for possession are as follows:

  1. You must wait until after midnight of the date NCAT ordered possession to be given before a warrant for possession can be issued

  2. Make your request for a warrant for possession in writing to the Registrar.  If you make your request by 10.00am the warrant will be posted or ready to collect by 3:30pm on the same day

  3. Take the warrant for possession to the Sheriff's Office located nearest to the rental premises.  There will be a fee charged by the Sheriff's Office to execute the warrant.  The Sheriff's Office will advise you of the fee.

NCAT ordered money be paid, but I still haven't received anything 

You can request NCAT issue you with a certified money order.  If the person has not paid you by the due date, the steps for requesting a certified money order are as follows:

  1. You must wait until after the date on the NCAT order

  2. Make your request in writing or in person for NCAT to send you a certified money order

  3. Take the certified money order to your nearest Local Court (or District Court if the amount is over $100,000) and register it as an order of that court

  4. You will be required to provide the Court with accurate information about the person or business who owes you money.

  5. There will be a fee charged by the Court for the enforcement action.  This fee may be recoverable as part of the debt.

Can NCAT change the amount owing on the certified money order? 

No.  A certified money order must accurately reflect the orders made by NCAT.  If the person who owes you money has paid part of the debt, you must notify the Local Court (or District Court) when you present them with the certified money order and they will update their records.