Tenant Refuses to Leave Tasmania: What Landlords Can Do

You served a valid Notice to Vacate. The notice period has expired. The tenant is still there. This is the point where many Tasmania landlords panic and consider changing the locks or cutting off the power — both of which are illegal under the Residential Tenancy Act 1997 and can lead to criminal penalties.

Here is what you can actually do.

The 28-Day Application Window

From the date of effect stated in your notice, you have exactly 28 days to lodge an Application for an Order for Vacant Possession with the Magistrates Court of Tasmania (Civil Division). This is not optional — if you do not file within 28 days, the notice lapses by operation of law and you must start the entire notice process from scratch.

The application is filed at a Civil Registry: Hobart, Launceston, Devonport, or Burnie. The filing fee is $78.40 (as at 1 July 2026).

What to File

Your application needs:

• The completed Application for an Order for Vacant Possession form
• A copy of the tenancy agreement
• The Notice to Vacate as served
• Your proof of service (postal receipts, witness statement, or email delivery records)
• Evidence supporting the statutory ground (e.g., executed contract of sale for a sale ground, rent ledger for arrears)

After filing, you must serve a copy of the application on the tenant before the hearing date.

The Court Hearing

The Magistrate assesses three questions:

1. Was the notice properly given — correct form, correct service method, correct notice period?
2. Was the statutory ground genuine?
3. Has the tenant failed to deliver vacant possession by the date of effect?

If all three are satisfied, the Court issues an Order for Vacant Possession. This order specifies a precise date by which the tenant must vacate.

If the Magistrate finds a defect in the notice — wrong ground, incorrect date calculation, defective service — the application is dismissed and you start again.

Bailiff Enforcement

If the tenant still does not leave by the court-ordered date, you engage the Magistrates Court Bailiff to execute a Warrant of Possession. The bailiff fee is $205.80.

The bailiff is the only person authorised to physically enforce a vacant possession order. The landlord, a property manager, or a private party cannot carry out the eviction. Attempting to do so is unlawful self-help.

What You Cannot Do

While waiting for the court process:

• Do not change the locks or block the tenant's access
• Do not disconnect utilities (water, electricity, gas, heating)
• Do not remove the tenant's belongings from the property
• Do not harass, threaten, or intimidate the tenant
• Do not enter the property without following the statutory access rules

Any of these actions can result in penalties under the Act, and they can undermine your position in the court hearing.

Timeline Reality

From the date of effect through to bailiff enforcement, the process typically takes 4–8 weeks depending on court scheduling and whether the case is contested. Adding the original notice period, the total timeline from first serving notice to physical repossession is often 10–16 weeks.

For the complete court application workflow — including what to prepare for the hearing and how to handle abandoned goods after the tenant leaves — the Ending a Tenancy in Tasmania guide includes a Magistrates Court filing checklist and an abandoned-goods record.

See more Tasmania guides →