Warrant of possession

Changes to Queensland rental laws came into effect from 6 June 2024. Further changes began on 30 September 2024. Learn more.

There are specific notice periods that property managers/owners and tenants/residents must follow when ending a tenancy.

If a tenant/resident is occupying a rental property without permission, the property manager/owner can apply to the Queensland Civil and Administrative Tribunal (QCAT) for an urgent termination order and a warrant of possession. 

This typically happens when:

A property owner who suspects their property is being occupied by squatters should consider seeking independent legal advice.

Warrant of possession process

A warrant of possession contains, but is not limited to:

  • authorisation for a police officer to enter the property and give possession to the property manager/owner
  • authorisation to use necessary and reasonable force
  • the date entry may be made
  • the day the warrant ends.

A property manager/owner has 14 days to make their application to QCAT if the tenant/resident does not vacate the property on the date issued in the Notice to leave (Form 12) or Notice to leave (Form R12).

If a warrant is granted, QCAT will:

  1. Issue the warrant of possession
  2. Forward the details to the local police station
  3. Notify the property manager/owner and tenant/resident that the warrant has been issued.

QCAT will generally issue the warrant of possession to be executed between set dates - generally 14 days. Unless there are special circumstances, the property manager/owner must apply for a second warrant if the first warrant expires before it is actioned.

Role of police when executing warrants

The police are responsible for:

  • ensuring the tenant/resident (or person occupying the property) leaves peacefully
  • handing over possession of the property to the property manager/owner.

The police generally won't execute a warrant of possession automatically - this is something the property manager/owner must request. 

The police will then contact the tenant/resident (or person occupying the property) to advise which date they must vacate the property by, or may require the tenant/resident to vacate immediately.

The property manager/owner should attend to allow the police to hand over possession. If the property manager/owner wants to change the locks, they may also choose to arrange for a locksmith to attend.

Disputing a notice to leave

The RTA encourages property managers/owners and tenants/residents to provide as much notice as possible when ending a tenancy using a Notice to leave (Form 12)/Notice to leave (Form R12) or Notice of intention to leave (Form 13)/Notice of intention to leave (Form R13). This gives the tenant/resident time to vacate the property and seek alternate accommodation, and for the property manager/owner to provide referral channels if needed.

If either party has concerns about the validity of the notice, the RTA encourages property managers/owners and tenants/residents to work together to try and self-resolve tenancy issues in the first instance. If parties are unable to reach an agreement, they can apply for free dispute resolution with the RTA.

Compensation claims

If QCAT grants the property manager/owner a warrant of possession, the tenant/resident may be liable for compensation costs as decided by the QCAT adjudicator.

These costs could be:

  • compensation for any loss or expense incurred by the property manager/owner
  • any other costs QCAT deems reasonable.

When deciding on compensation for a property manager/owner, QCAT must consider whether the property manager/owner has made an effort to reduce their losses or expenses.

The QCAT adjudicator will also determine how these costs should be paid, and this could impact the tenant/resident's bond refund amount.

More information

For more information, read QCAT's Termination order and warrant of possession fact sheet.