Warrant of Possession: The last resort
A Warrant of possession is a document that gives the police the authority to evict a tenant from a residential premise by a particular date. This is deemed as the final step that landlords take in order to repossess their rental property from its tenants.
When a tenant fails to comply to the Notice to leave issued by the property manager or landlord, the latter can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a Warrant of possession and a termination order.
But before this is issued, there are some steps you are required to take. You or your property manager may apply for termination to QCAT given that you have at least one of the following reasons:
- The tenant has failed to leave the premises after receiving a valid Notice to leave (Form 12);
- The tenant has failed to leave the premises after giving the landlord/property manager a valid Notice of intention to leave (Form 13);
- Where the landlord would experience excessive hardship if the lease were to continue;
- Where the tenant or their guest has caused or is likely to cause serious damage to the premises or injury to the neighbours, landlord or property manager;
- Where the tenant or their guest has behaved in an objectionable manner towards the neighbours, landlord, or property manager, or is causing a serious nuisance;
- Where the landlord and tenants are in constant conflict with each other;
- Where the tenants has committed at least three of the breaches of the same provision within the span of 12 months, the first two of which were remedied within the allowable period after a valid Form 11 Notice to remedy breach was given (‘Repeated breaches’ section).
Once everything is settled and it has been determined that you need to issue a Warrant of possession, you must complete the following steps:
#1 – Make an urgent application to QCAT for an order to terminate a tenancy and for a Warrant of possession on the grounds of the tenants’ failure to leave by the date listed on the Notice to leave or Notice of Intention to leave (Form 13).
#2 – QCAT will set a date for the hearing.
#3 – If the adjuciator at QCAT believes there is a case, they will issue a termination order and a Warrant of possession and notify the tenant about the order.
#4 – An authorised officer, such as a police officer will execute the warrant and be present to allow to take possession of the property.
