Warrant of Possession (Form 5)

Residential tenancy disputes normally go to VCAT, but where federal jurisdiction is involved (for example a rental provider who lives interstate), Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 lets the Magistrates' Court hear them as substituted proceedings with the powers VCAT would have had (s 57C(2)). Under Part 7 Division 4 of the Residential Tenancies Act 1997, a person who obtains a possession order may apply for a warrant of possession immediately if the order allows, or within 6 months if the renter, resident or site tenant does not comply (s 351(1)). The warrant is directed to a police officer or an authorised person and authorises them to enter, by force if necessary, and make the occupiers leave and give possession to the applicant (s 355(1), (2)). The court's form page says to use Form 5 to request that warrant; the current PDF is headed as Form 5 of the VCAT Rules 2018.

When you need it

• The Magistrates' Court has made a possession order in a federal jurisdiction residential tenancies matter and the renter, resident or site tenant has not left.
• The possession order allows a warrant to issue immediately, or you are within 6 months of the order. If you do not apply within 6 months, the possession order is discharged (s 356(1)).
• It covers rented premises, a room in a rooming house, a building, a site or a caravan, and a shared room.

1. 1

   Fill in the heading

   Give the court number and venue, and the applicant and respondent with their addresses, as on the possession order.

2. 2

   Address the warrant

   Direct it to the officer in charge of the police station at the relevant place, or to a named authorised person (s 355(1)(b)). Delete the option not used.

3. 3

   Describe the possession order

   Insert the date of the possession order, delete the options that do not apply (renter, resident or site tenant; premises, room, building, site or caravan) and give the address and details of the premises.

4. 4

   Number of days

   Insert the number of days within which the warrant may be executed, which must not exceed 30 days from issue (s 351(4)).

5. 5

   Leave the rest for the court and police

   The registrar dates and signs the warrant. The police or authorised person completes the return section stating whether and when it was executed.

• Lodge the completed form with the Magistrates' Court for the registrar to issue and sign (s 355(1)(d) requires the warrant to be signed). The application must be accompanied by the prescribed fee (if any) (s 351(3)); the court's federal jurisdiction page says fees in these matters match VCAT's.
• Entry under the warrant must not be made between 6 pm and 8 am, or on a Sunday or public holiday (s 355(4)).
• The person it is directed to must return it to the court within 60 days of issue, saying whether it was executed (s 357; the form's return section).
• If more time is needed, apply for an extension before the time for execution passes; each extension is no more than 30 days (s 354).

• The warrant does not authorise removing the occupier's goods (s 355(3)). For caravans, the sheriff has separate powers after the warrant is returned (ss 359, 360).
• A warrant lapses if not executed within the time stated in the order or any extension (s 356(2)).
• The court's form page has both a 2021 Word version and a 2026 PDF; the PDF is the version cited to the VCAT Rules 2018.