Tasmania Magistrates Court Vacant Possession Order: How to Apply

When a tenant does not leave after a valid Notice to Vacate takes effect, the next step is the Magistrates Court of Tasmania. Unlike some other Australian states that use tribunals (VCAT in Victoria, NCAT in NSW), Tasmania handles all residential tenancy possession claims through the Civil Division of the Magistrates Court.

The 28-Day Filing Deadline

This deadline is absolute. Under Section 43 of the Residential Tenancy Act 1997, a Notice to Vacate expires 28 days after its date of effect. If you do not file your application within that window, the notice lapses and you must issue a fresh Notice to Vacate and restart the entire process.

If your notice took effect on 1 November, your application must be filed by 29 November at the latest. There is no extension provision.

Where to File

Applications are lodged at the Civil Registry of the Magistrates Court. There are four registries:

• Hobart — 23–25 Liverpool Street
• Launceston — 73–76 Charles Street
• Devonport — 8 Griffith Street
• Burnie — 38 Alexander Street

The application form (Form 2) is available as a Word document download from the Magistrates Court website.

Filing Fees

As at 1 July 2026, the statutory fees are:

The initial filing fee is $78.40. Bailiff fees only apply if the tenant still refuses to leave after the court order.

What to Include in the Application

Your application should set out:

• Details of the tenancy (parties, property address, lease type)
• The statutory ground relied upon
• A copy of the Notice to Vacate as served
• Proof of service (postal receipts, witness statement, email delivery log)
• Evidence supporting the ground (arrears statement, contract of sale, etc.)

Serve the application on the tenant a reasonable time before the scheduled hearing, following the court's directions on timing.

What the Magistrate Decides

Under Section 45(3), the Magistrate must be satisfied of three things:

1. Valid service and format — the notice met all Section 44 requirements and was served correctly under Section 64
2. Genuine ground — the reason for termination is genuine, not pretextual or retaliatory
3. Failure to vacate — the tenant did not deliver vacant possession by the date of effect

If any one of these fails, the application is dismissed. A notice with a miscalculated date of effect may be saved by the statutory adjustment under Section 43(3B)/(3C), but only for minor date errors — missing grounds, absent details, or defective service are not curable.

The Order and Enforcement

If the Magistrate is satisfied, they issue an Order for Vacant Possession specifying a date by which the tenant must leave. If the tenant complies, the matter ends there.

If the tenant remains past the court-ordered date, you apply for a Warrant of Possession. The court bailiff then executes the warrant — the only lawful means of physical eviction in Tasmania. The bailiff fee is $205.80.

Preparing for the Hearing

The hearing is your one chance to demonstrate that everything was done correctly. Bring:

• The original tenancy agreement
• The Notice to Vacate (the exact copy that was served)
• Your proof-of-service documentation
• Supporting evidence for the statutory ground
• A chronological timeline showing key dates (notice served, notice period, date of effect)

If the tenant disputes the application, they may argue the notice was defective, the ground was not genuine, or the termination was retaliatory. Your documentation is what answers those challenges.

The Ending a Tenancy in Tasmania guide includes a Magistrates Court filing checklist that covers everything to prepare and file, plus a proof-of-service log to build your evidence as you go.

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