The Eviction process for Non-Payment of Rent in Victoria

Eviction process Victoria

Property investors in Victoria should be aware of the procedures involved in the legal eviction of tenants from a property on the grounds of failing to pay rent. The state has laws and rules that regulate evictions for non-payment of rent, necessitating adherence to specific procedural steps.

A legal mechanism structures the eviction process to protect the property owners’ interests while preserving the tenants’ rights. The property investor should pursue rental arrears and potential repossession of a property with meticulous adherence to established legal guidelines.

For property owners to deal with rent arrears in a way that is legal and effective under Victorian tenancy law, they need to know all the legal steps that must be taken. Let us examine the systematic approach required to navigate tenant eviction proceedings professionally and legally.

Start of Eviction Process – Notice to Vacate

To evict a tenant who is in arrears with rent, the first step is to issue a “notice to vacate” under the Residential Tenancies Act 1997. The notice will inform the tenant of the period within which they are required to pay the arrears or vacate the property. In Victoria, the notice period is 14 days. To be clear, this does not mean that the full rental amount must be paid on its due date – but there needs to be 14 days of actual unpaid rent.

Proper Notice Requirements

The property owner must properly prepare the notice to vacate to ensure it meets the legal requirements. The notice should be in writing and in the prescribed form. The notice should clearly state the outstanding rent amount, the reason for the notice, and the deadline for either paying the outstanding amount or moving out. The landlord must include in the notice the delivery method. It may be email, registered post, or even hand-delivered to the tenant for proper documentation.

Time to Respond by the Tenant

Once the notice to vacate has been served, the tenant is allowed some time to respond. Sometimes, the tenant may pay the outstanding rent during the notice period, allowing the tenancy to continue. If the tenant fails to pay or doesn’t vacate, then further action may be taken.

Applying to The Victorian Civil and Administrative Tribunal (VCAT)

If the tenant does not comply with the notice to vacate, the next step is to apply to the Victorian Civil and Administrative Tribunal (VCAT). The application should include details of the tenancy, the amount owed, and any evidence supporting the claim. VCAT will review the case and schedule a hearing.

VCAT Hearing

Both the property owner or their agent and the tenant will have the opportunity to present their cases at the VCAT hearing. All evidence should be provided, such as rental records, bank statements, and any other correspondence concerning the unpaid rent.

The VCAT will make its decision based on the evidence provided and the laws applicable to the case. Ensure to present evidence such as the date and method of the notice to vacate’s service, rental ledgers, copies of the lease, and any other relevant documents during your case presentation.

Possession Order

If VCAT rules in favour of the property owner, it can issue a “possession order”, which requires the tenant to vacate the property within a certain time frame. This time frame is usually within 14 days and depends on the case’s circumstances.

Warrant of Possession – Eviction Process

If the tenant doesn’t leave within the notified period, the owner can lodge with VCAT for a “warrant of possession”. This warrant grants the police or sheriff the power to physically evict the tenant from the premises. Ensure that you follow up with the department carrying out the warrant to set a date and time for its execution. Make arrangements with a locksmith to execute the warrant when you can enter the property and change the locks.

Although the goal is never to evict a tenant, it is sometimes the final option. The Residential Tenancies Act will dictate the process in that case. The process involves issuing the correct notice to vacate, applying to VCAT, and providing proof of evidence.

Understanding the legal process and receiving the necessary assistance can help navigate the eviction process while protecting their investment property. Legal experts or our team can provide guidance on how to ensure appropriate adherence to relevant laws and state regulations.

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Not sure what to do when tenant not paying rent? Give us a call at +613 9531 1000 and talk to our experts today!