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 take all necessary steps to remove the tenant or resident from the premises.

How to request a warrant

Complete the relevant warrant request form and return 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 with the warrant?

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.

Visit the 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.

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. 

I opened the warrant by mistake

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. 

I lost or did not receive the warrant

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.

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.  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.

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