Request to issue warrant for possession

NCAT Form | Request to issue warrant for possession Page | 1

March 2023

Complete this form to request a warrant for possession if the tenant or resident does not comply with NCAT’s order to

vacate the premises. The warrant will authorise a Sheriff’s Officer to evict the tenant or resident from the premises.

1. ORDER DETAILS

NCAT File Number:

Address of premises:

Date of NCAT’s order: Date possession was to be given:

Why are you requesting the warrant?

The tenant/resident has not complied with the Tribunal’s order and is still in possession of the premises

The co-tenant has not complied with the Tribunal’s order and has not vacated the premises

2. PERSON IN WHOSE FAVOUR THE TRIBUNAL ORDER WAS MADE

Are you the? Landlord Co-Tenant Operator

Full name

Postal Address

ontact details Daytime telephone M

obile

3. TENANT, RESIDENT OR CO-TENANT DETAILS

Full name

Postal Address

ontact details Daytime telephone M

obile

4. SIGNATURE

Name

Signature Date

Return this form to NSW Civil and Administrative Tribunal (NCAT)

For NCAT Registry locations and contact details visit the NCAT website. For all NCAT enquiries telephone 1300 006 228 or visit

www.ncat.nsw.gov.au.

NCAT Form | Request to issue warrant for possession Page | 2

INFORMATION ABOUT WARRANTS FOR POSSESSION

Important note about residential tenancy and social housing matters

If a tenant pays the amount owing or entered into and fully complied with a repayment plan, the landlord MUST notify the Office

of the Sheriff if the termination order has been made and a warrant for possession has been issued but not enforced.

If a termination and possession order is made because the tenant has frequently failed to pay rent, the above information does

not apply.

What is a warrant for possession?

A warrant for possession is an official document issued by

NCAT. The warrant authorises a Sheriff’s Officer to evict

the tenant, resident or co-tenant from the premises.

NCAT issues warrants for possession in tenancy, social

housing, holiday parks, resident communities, retirement

village, agricultural tenancy and retail lease matters.

What is the applicable legislation?

NCAT can issue warrants for possession of premises under

the following legislation:

• Residential Tenancies Act 2010 – section 121

• Holiday Parks (Long-term Casual Occupation) Act

2002 – section 30

• Residential (Land Lease) Communities Act 2013 –

section 134

• Retirement Villages Act 1999 – section 140

• Agricultural Tenancies Act 1990 – section 21

• Retail Leases Act 1994 – section 72

Who can request a warrant?

The person in whose favour NCAT’s order was made can

request a warrant for possession

This may be one of the following:

• Landlord or landlord’s agent

• Co-tenant

• Operator of a residential community, holiday park or

retirement village

• Farm owner

• Lessor

When can I ask for a warrant?

You must wait until after the day of possession has passed

before requesting a warrant.

For immediate possession

If NCAT ordered immediate possession, a warrant can be

requested once the NCAT orders are served on the

tenant/co-tenant/resident.

Are there any time limits?

Time limits apply only for tenancy, social housing and

residential communities matters.

You must request the warrant within 30 days from the

date of possession

ordered by NCAT.

If your warrant request is made out of time, NCAT may list

the matter for another hearing. A Tribunal Member will

decide if a warrant should be issued.

The warrant is valid for 28 days from the date of issue.

What do I do with this form?

Lodge your request to issue a warrant to an NCAT

Registry. You can do this by email, post or in person.

When NCAT receives your request, we will:

• issue the warrant for possession

• send the warrant electronically to the Office of the

Sheriff

• send a letter to both parties advising a warrant for

possession has been issued.

Is there a fee to issue a warrant?

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.

Visit the Office of the Sheriff website for details on

enforcement costs.

How do I arrange for the warrant to be

executed?

The person entitled to possession must -

• complete the Office of the Sheriff Eviction Booking

Request Form [PDF] and

• pay the Office of the Sheriff’s fee for service and

execution of the warrant.

What does the warrant do?

The warrant contains instructions to the Office of the Sheriff

to enter the premises and take all steps reasonably

necessary to gain possession of the premises.

When should I contact the Office of the

Sheriff?

The person entitled to possession should contact the Office

of the Sheriff no later than 14 days after NCAT has issued

the warrant.

More information

For NCAT Consumer and Commercial Division Registry

locations visit the NCAT website. For all NCAT enquiries

telephone 1300 006 228 or visit www.ncat.nsw.gov.au.