NCAT Consumer and Commercial Division | Request for warrant for possession - Tenancy & Social Housing Page | 2
INFORMATION ABOUT WARRANTS FOR POSSESSION
Request for warrant for possession – Tenancy and Social Housing matters
NOTE: For residential tenancy and social housing matters, where the tenants pay the amount owing or entered into and fully
complied with a repayment plan, the landlord MUST notify the Sheriff if the termination order has been made and a warrant for
possession has been issued but not enforced.
Where the termination and possession order is made because the tenant has frequently failed to pay rent, the above
provision does not apply.
What is a ‘Warrant for Possession’
A warrant for possession is an official document issued by
NCAT authorising a Sheriff’s Officer to take all steps
necessary to remove the tenant from the residential
premises after the tenant has failed to comply with the
Tribunal’s order to vacate (leave) the premises.
Who can request a warrant?
Only the landlord or landlord’s agent can request a warrant
for possession.
When can I ask for a warrant?
A warrant request should be made after the day of
possession has passed, or in the case of immediate
possession, once the orders have been served on the
tenant. You should make your request for a warrant within
30 days from the date of possession.
If your warrant request is made out of time, the matter may
be listed for hearing before a Tribunal Member to
determine if a warrant should be issued as a new
residential tenancy agreement may have been entered into.
How much does the warrant cost?
There is no fee payable to request NCAT to issue you with
a warrant for possession. There will however be a fee
payable to the Sheriff’s Office for the service and execution
of the warrant. Visit the Office of the Sherriff website
for
details on enforcement costs.
What happens when NCAT receives a
request for a warrant?
Once your request for a warrant for possession is received,
NCAT will prepare the warrant for possession. The warrant
contains instructions to the Sheriff’s Office to enter the
premises and take all steps reasonably necessary to gain
possession of the premises.
The warrant will be given to you enclosed in a sealed
envelope addressed to the ‘Office of the Sheriff’. Do not
open this envelope or you will invalid the warrant.
Where possible NCAT will issue the warrant on the day it is
requested. If the warrant is requested after the postal
service is closed, the warrant will be issued on the next
working day.
Will the tenant be notified about the issuing
of the warrant?
Yes. NCAT will send a letter to the tenant advising them
that a warrant for possession has been issued and that
they should expect a Sheriff’s Officer to turn up at the
premises. The tenant is also advised that the Sheriff’s
Officer will enter the premises and take all steps
reasonably necessary to give possession to the landlord.
What do I do with the warrant?
Do not open the envelope addressed to the Sheriff.
Take the envelope unopened to the Sheriff’s Office nearest
to the residential premises. Visit the
Office of the Sheriff
website for your nearest Sheriff’s Office contact details and
enforcement costs.
How long is the warrant valid for?
The warrant must be executed within 28 days from the date
it was issued by NCAT.
The warrant is not out of date. Can I get a
new warrant?
You may request NCAT to issue a new warrant, however
you must provide reasons why the original warrant was not
used. You must return the original warrant for possession
to NCAT before the second warrant can be issued.
