NCAT Consumer and Commercial Division | Request for warrant for possession – Communities & Villages Page | 2
INFORMATION ABOUT WARRANTS FOR POSSESSION
Request for warrant for possession of premises – Residential Communities, Holiday Park and Retirement
Village Matters
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 resident from the premises after
the resident has failed to comply with the Tribunal’s order
to vacate (leave) the premises.
Who can request a warrant?
Only the owner or operator of the residential community,
holiday park or retirement village 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
resident. 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.
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 resident be notified about the
issuing of the warrant?
Yes. NCAT will send a letter to the resident 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 resident is also advised that the Sheriff’s
Officer will enter the premises and take all steps
reasonably necessary to give possession to the owner or
operator.
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 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.
