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.
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.
Complete the warrant for possession request form and return it to NCAT.
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.
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.
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.
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.
Yes. The tenant, co-tenant or resident will receive a letter from NCAT advising that a warrant for possession has been issued and they should expect a Sheriff’s Officer to turn up at the premises.
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:
08 Sep 2022
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.