Writ of possession (Rule 900(3)) (Form 65)

A judgment or order for the recovery or delivery of possession of land may be enforced by writ of possession, on filing an affidavit showing due service of the judgment or order and that it has not been obeyed (r 874(1)(a) Supreme Court Rules 2000 (Tas)). Where the judgment is for land and costs, the party may elect to enforce the possession part by writ of possession (r 874(2)). The writ must be in the prescribed form (r 900(3)), which is Form 65. It commands the Sheriff to enter the land and give possession to the successful party and, optionally, to levy the damages and costs ordered.

When you need it

• You have a Supreme Court judgment or order for possession of land and it has not been obeyed.
• If someone retakes possession after you have been given it, use a writ of restitution (Form 66).

1. 1

   Heading

   Copy the registry, file number and party names from the proceeding.

2. 2

   Recitals

   Insert the date of the judgment or order, the party entitled to possession and the party ordered to pay costs or damages and costs.

3. 3

   Commands

   Keep paragraph 1 (possession) and paragraph 4 (report to the Registrar). Keep paragraphs 2 and 3, and the money part of the Schedule, only if money is also to be levied; delete them if the writ is for possession only.

4. 4

   Schedule

   Describe the land exactly as in the judgment or order. If money is to be levied, complete the particulars of the amount and the continuing interest paragraph.

5. 5

   Issue

   Leave the date and signature for the Registrar or District Registrar.

• File the affidavit of service and non-compliance required by rule 874(1)(a) and lodge the writ for sealing (r 900(1)).
• The writ is executed by the Sheriff. An unexecuted writ is in force for one year from issue (r 901).
• Check the court's Sheriff's costs of execution page for the Sheriff's charges, and the Costs endorsed page for costs on a writ of execution.

• Describe the land in the Schedule exactly as in the judgment or order, so the Sheriff can identify it.
• A judgment must be obeyed once served, without any separate demand (r 895). The affidavit should show the service and the failure to give up possession.