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 take all necessary steps to remove the tenant or resident from the premises.
Complete the relevant warrant request form and return to NCAT's
Consumer and Commercial Division.
The 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.
Warrant requests must be made
within 30 days from the date of possession in the NCAT orders.
If you request a warrant outside the 30 day time period, the matter will be listed as soon as possible before the Tribunal to determine whether the warrant should be issued. The Tribunal will consider whether the parties have entered into a new tenancy. If a lengthy period of time has passed since the date of possession you should seek independent legal advice.
The warrant will be provided to you in a sealed envelope.
DO NOT OPEN THIS ENVELOPE.
Take the unopened envelope to a Sheriff’s Office immediately. The warrant must be executed within 28 days of the date of issue. A fee will be payable to execute the warrant. The Sheriff’s Office will then carry out the warrant for possession in accordance with their guidelines.
Office of the Sheriff of NSW website for information about their procedures and costs for enforcing warrants for possession.
In agricultural tenancy and retail lease matters, NCAT will issue you with a certified copy of the order for possession for enforcement through the
NSW Supreme Court.
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.
Opening the warrant envelope by mistake invalidates the warrant and it cannot be executed by the Sheriff. Return the original warrant to NCAT with a written request for a new warrant and include a statutory declaration.
Send a written request to NCAT for a new warrant and include a statutory declaration explaining what happened. Faxed or emailed requests are not accepted.
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. Return the original warrant and include a statutory declaration detailing the date you gave the warrant to the Sheriff and the reason why it could not be executed in time.
For information and assistance with warrants for possession:
Office of the Sheriff NSW
Tenants Advisory Service