Bailiff Eviction: Types of Possession Orders for Eviction

Aug 14, 2024

People rent houses or commercial estates for their particular purposes. The Australian legal system places several conditions and rules on the landlord and the tenant to follow. However, the landlord may require the tenants to leave the premises before their term ends. There can be several justified reasons, and the landlord can also illegally evict them. 

Whatever the situation, it is better to keep in touch with experienced property lawyers in Sydney. They will be able to help you find the proper steps you should take to solve your rent or tenant problem. 

What is eviction? 

The legal method to dislodge a tenant from a rental property is eviction. Generally, it can be grossly divided into two types:

How does the legal process work?

The legal process of evicting a renter from a property requires the involvement of courts, police (or the existing forces of law and order), and appropriate documents submitted at the proper places by the landlord. The time between the different proceedings varies between the states, but the processes mentioned below remain similar:

  1. The rental providers must give the tenant an official written notice for evicting them. This document is called an 'eviction notice' or a 'notice to vacate'. 

  2. After a specific time, if the tenants have not left the property – the landlord can apply to the relevant authority for a possession order. 

  3. Usually, the relevant authorities will arrange for a hearing, and if the landlord's evidence and documents are strong, they will award a 'warrant of possession'. 

  4. The landlord can present this warrant to the police, giving them the power to legally evict the renter from the property in question. 

The landlord must follow these steps to expel the renter lawfully. Any deviation will make the eviction process illegal. 

Things to know about possession orders

A possession order issued by the relevant authority states that the resident must move out of the property. The rental provider may apply for this document when the tenant receives the eviction notice but fails to move out on the date they were supposed to – however, this order is usually given at the possession hearing. 

The tenants will be informed beforehand of the time and place of the hearing. They will need to attend this hearing without fail – unless they don't want to stay at the property anymore. They are allowed to dispute the landlord's claim during the hearing. 

The responsible authorities for dispensing a possession order will decide after considering all factors related to the proportion and reasonability of the order. These factors can be:

Conclusion 

In conclusion, we would like to say that the court can either grant the possession order, dismiss the application, or make a compliance order to direct the tenant to follow the rules. Whatever the decision is, the law doesn't permit the landlords to evict a tenant personally or keep them locked out. Only the police or the relevant legal force can evict a renter, that too, with a warrant of possession from the appropriate authority.