(a) the renter has given the residential rental provider a notice of intention to vacate the premises; and (b) the renter has not delivered up vacant possession of the premises.
(a) section 91ZI; (b) section 91ZJ; (c) section 91ZK; (d) section 91ZL; (e) section 91ZO, if the order of the Tribunal under section 212 with which the renter has failed to comply was made in respect of a breach of section 60, 61 or 63; (f) section 91ZP; (g) section 91ZQ; (h) section 91ZR; (i) section 91ZS.
A rooming house operator may apply to the Tribunal for a possession order for a room if—
(a) the rooming house operator has given the resident a notice to vacate the room; or
(b) the resident has given the rooming house operator a notice of intention to vacate the room.
A person entitled to give notice to vacate under section 142ZO may apply to the Tribunal for a possession order for the building if—
(a) the person has given a resident a notice to vacate under section 142ZO; and (b) the resident fails to vacate the building by the date specified in that notice to vacate.
(a) the mortgagee has given the renter a notice to vacate the premises; and
(b) the renter has not delivered up vacant possession of the premises.
(a) the rooming house mortgagee has given a resident a notice to vacate a room; and (b) the resident fails to vacate the room by the date specified in the notice.
(a) the mortgagee has given a resident a notice to vacate the site or caravan; and (b) the resident fails to vacate the site or caravan by the date specified in the notice.
(a) the mortgagee has given a site tenant a notice to vacate the Part 4A site in accordance with section 207ZI; and (b) the site tenant fails to vacate the Part 4A site by the date specified in the notice to vacate.
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The Tribunal must not determine an application for a possession order under this Division earlier than the termination date specified in the notice to vacate or notice of intention to vacate accompanying the application.
(a) in the case of an application where notice to vacate has been given, that—
(i) the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner, person entitled to give a notice to vacate under section 142ZO or mortgagee was entitled to give the notice; and (ii) the notice has not been withdrawn; and
(b) in the case of an application where a notice of intention to vacate has been given by a renter, resident or site tenant, that the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner acted reasonably by relying on the notice of intention to vacate; and
(c) that the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner, person entitled to give a notice to vacate under section 142ZO or mortgagee has complied with section 72 of the Victorian Civil and Administrative Tribunal Act 1998; and
(d) that the renter, resident or site tenant is still in possession of the rented premises, room, building, site or caravan after the termination date specified in the notice to vacate or notice of intention to vacate; and
(e) that any resident who is entitled to a period of notice under section 142ZO has been given the required notice; and
(f) that in the circumstances of the particular application, it is reasonable and proportionate having regard to section 330A, to make a possession order taking into account the interests of, and the impact on, each of the following in making the possession order—
(i) the residential rental provider, rooming house operator, caravan park owner, site owner or mortgagee, as the case requires; (ii) the renter, resident or site tenant; (iii) any co-tenants or co-site tenants or other residents; (iv) any neighbours or any other person who may be, or who has been affected by, the acts or behaviour of the renter, resident or site tenant to whom the notice to vacate was given.
(a) the application must be heard within 14 days after the application is made; and (b) the possession order must be made within 7 days of that hearing.
For the purposes of determining whether it is reasonable and proportionate to make a possession order, the Tribunal must have regard to the following—
(a) the nature, frequency and duration of the conduct of the renter, resident or site tenant which led to the notice to vacate being given, including whether the conduct is a recurring breach of obligations under a residential rental agreement, residency right or site agreement; (b) whether the breach is trivial; (c) whether the breach was caused by the conduct of any person other than the renter, resident or site tenant; (d) whether the renter, resident or site tenant has made an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order and—
(i) if an application has been made, whether a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order has been made and whether the notice or order is still in force; and (ii) if a notice or order was made, whether it included an exclusion condition; and (iii) any other matter in relation to family violence or personal violence the Tribunal considers relevant;
(e) whether the breach has been remedied as far as is practicable; (f) whether the renter, resident or site tenant has, or will soon have, capacity to remedy the breach and comply with any obligations under the residential rental agreement, residency right or site agreement, as the case requires; (g) the effect of the conduct of the renter, resident or site tenant on others as a renter, resident or site tenant;
(ga) in the case of an application referred to in section 322A, any community impact statement provided by Homes Victoria; (h) whether any other order or course of action is reasonably available instead of making a possession order; (i) as the case requires, the behaviour of the residential rental provider, the provider's agent, the rooming house operator, the caravan park owner, the caravan owner or the site owner; (j) any other matter the Tribunal considers relevant.
(a) the application is supported with—
(i) in the case of rented premises, a notice to vacate given under section 91ZM; or
(ii) in the case of a rooming house, a notice to vacate given under section 142ZF; or
(iii) in the case of a caravan or site, a notice to vacate given under section 206AU or 206AV; or
(iv) in the case of a Part 4A site, a notice to vacate given under section 317ZB in respect of successive breaches by the site tenant of the duty to pay rent; and
(b) the Tribunal considers that satisfactory arrangements have been or can be made to avoid financial loss to the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner (as the case may be).
(a) refer the renter to a financial counselling service or other prescribed services; and (b) require the service to conduct an assessment of the person's ability to enter into and comply with a payment plan in relation to any outstanding arrears of rent.
(a) may be made orally or in writing; and (b) must be made within the time required by the Tribunal.
(a) may make a possession order if the renter or site tenant has continued to accrue arrears of rent during the adjournment period; and
(b) must dismiss the application if the renter or site tenant—
(i) has paid all the arrears which were the subject of the original application; and (ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing.
(a) the arrears of rent have been paid by the renter after the renter was given the notice to vacate but before the termination date specified in the notice; and (b) the notice to vacate is the first, second, third or fourth notice to vacate under section 91ZM given to the renter within a period of 12 months.
(a) the application for the order is supported with a notice to vacate given under section 91ZO, 142ZG, 206AW or 207ZA; and (b) the Tribunal is satisfied that—
(i) the failure to comply with an order of the Tribunal was trivial or has been remedied as far as possible; and
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(iii) the breach of duty is not a recurrence of a previous breach of duty.
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(a) may dismiss the application for a possession order; and (b) if it is appropriate to do so, may make a compliance order under section 212 as if the application for a possession order had been an application under section 209.
(a) to remedy the breach of duty to which the application for a possession order related; and (b) to refrain from committing a further or similar breach.
(a) the day (being a day not more than 30 days after the day on which the possession order is made) by which—
(i) in the case of rented premises, the renter must vacate those rented premises; and (ii) in the case of a room in a rooming house, the resident must vacate the room and rooming house; and
(iia) in the case of a building in respect of which notice under section 142ZO was given, the resident must vacate that building; and (iii) in the case of a site or caravan, the resident must vacate the site or caravan; and
(iv) in the case of a Part 4A site, the site tenant must vacate the Part 4A site and remove the Part 4A dwelling situated on the Part 4A site, if the Part 4A dwelling is to be removed; and
(b) a direction to the renter, resident or site tenant (as the case may be) to vacate the rented premises, room and rooming house, building, site or caravan by the day specified in the order; and
(c) a direction to the principal registrar to issue a warrant of possession in accordance with section 351 on the application of the person who obtained the possession order.
(a) if the resident had a right to reside in a caravan owned by a caravan owner, he or she and any other person residing at the site or in the caravan may be forcibly vacated from the site and the caravan park by a police officer or an authorised person carrying out a warrant of possession; or
(b) if the resident had a right to occupy a site in a caravan owned by the resident, he or she and any other person residing at the site or in the caravan may be forcibly vacated from the site and the caravan park by a police officer or an authorised person carrying out a warrant of possession and the caravan may be removed from the caravan park and held under Division 5.
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(a) the premises have been rented premises under a residential rental agreement at any time within the period of 12 months before the date of the application; and
(b) the applicant alleges that the premises are occupied solely by a person (not being a renter under a residential rental agreement) who entered into or remained in occupation without the applicant's licence or consent or that of any predecessor in title of the applicant.
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The Tribunal must make a possession order for the premises if the Tribunal is satisfied that—
(a) the applicant under section 344 is entitled to possession of the premises; and (b) there are reasonable grounds for believing that a person is occupying the premises without licence or consent.
A possession order under this Division must—
(a) direct the principal registrar to issue without delay a warrant of possession against all persons for the time being occupying the premises; or
(b) provide that notice in the form prescribed by the rules of the Tribunal be served without delay on all persons for the time being occupying the premises requiring them—
(i) to appear before the Tribunal on a day after the end of 7 days after the giving of the notice; and (ii) to show cause why a warrant of possession should not be issued.
If a possession order under this Division requires a notice to be given, the applicant for the order must serve a copy of the order and the notice on all persons for the time being occupying the premises by affixing the copy of the order and the notice to a door giving access to the premises.
If a person on whom a copy of an order and a notice is served under this Division appears to answer the notice, the Tribunal—
(a) on giving both parties an opportunity to be heard, must determine the matter; and
(b) if it is satisfied that the applicant is entitled to the premises, must direct the principal registrar to issue a warrant of possession against all persons for the time being occupying the premises; and (c) if it is not satisfied that the applicant is entitled to the premises, may cancel the possession order.
This Division has effect despite anything to the contrary in any other provision of this Act.
(a) immediately, if the possession order so provides; or
(b) within 6 months after the date of the possession order if the renter, resident or site tenant fails to comply with the possession order.
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(a) the renter, resident or site tenant (as the case may be) would suffer hardship if the issue of the warrant were not postponed; and
(b) the hardship would be greater than any hardship that the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner or mortgagee (as the case may be) would suffer because of the postponement.
(a) an order made on the application of—
(i) a residential rental provider who has given a notice to vacate the rented premises under section 91ZI, 91ZJ, 91ZK or 91ZL; or (ii) a rooming house operator who has given a notice to vacate the room in the rooming house under section 142ZB, 142ZC, 142ZD or 142ZE; or (iii) a caravan park owner or caravan owner who has given a notice to vacate under section 206AQ, 206AR, 206AS or 206AT; or (iv) a site owner who has given a notice to vacate the Part 4A site under section 207W, 207X, 207Y or 207Z; or
(b) an order made under Division 2.
On the application of the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner or mortgagee of rented premises, a rooming house, a caravan, a caravan park, a Part 4A site or Part 4A park (as the case may be), the Tribunal may order that a warrant of possession be issued without delay if the Tribunal is satisfied that, during any period of postponement specified in an order under section 352, the renter, resident or site tenant—
(a) has failed to pay any rent accrued due; or (b) has otherwise failed to comply with the residential rental agreement, residency right, residency agreement or site agreement; or (c) has contravened a provision of this Act relating to the residential rental agreement, residency right or site agreement.
(a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998; and (b) be directed—
(i) to a police officer; or (ii) to an authorised person; and
(c) give brief details of the possession order; and
(d) be signed by the principal registrar.
(a) to enter the rented premises, room and rooming house, building, site or caravan (as the case may be), by force if necessary; and
(b) with such assistance as is necessary—
(i) to compel all persons for the time being occupying the rented premises, room (other than a shared room), building, site or caravan (as the case may be) to vacate and give possession of them to the applicant for the order under which the warrant is issued; or (ii) to compel any person named in the order to vacate a shared room.
(a) between the hours of 6 p.m. and 8 a.m.; or (b) on a Sunday or public holiday.
(a) subject to paragraph (b), within the time stated in the order; or (b) if the Tribunal has extended the time within which a warrant may be executed, within the further time that the Tribunal by order allows.
As soon as practicable, but not later than 60 days after a warrant of possession is issued, the person to whom the warrant is addressed must—
(a) return the warrant to the principal registrar; and (b) specify in writing whether the warrant has or has not been executed.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 20 penalty units.
The principal registrar must notify the sheriff as soon as possible after a warrant of possession is returned if—
(a) a resident and any other occupants have been removed from a site under the warrant of possession; and (b) the possession order under which the warrant of possession was issued directed the removal of the caravan on the site from the caravan park.
(a) of no monetary value; or (b) perishable foodstuffs; or (c) dangerous.
If personal documents are left behind, the sheriff must—
(a) store the documents for a period of 90 days; and (b) before the end of the 90 day storage period, cause a notice to be inserted in the prescribed form in a newspaper circulating generally throughout Victoria of the sheriff's intention to dispose of the personal documents at the end of the 90 day period.
The former resident or any other person giving satisfactory evidence of the person's right to personal documents may reclaim personal documents removed by the sheriff before they are disposed of in accordance with section 362 if he or she pays to the sheriff any reasonable costs in relation to the removal and storage of those documents, including the publication of a notice under section 361.
The former resident or any other person giving satisfactory evidence of the person's right to do so may reclaim the caravan or any goods (other than personal documents or goods to which section 360(2) applies) within 90 days of the caravan's removal from the caravan park on payment of reasonable costs incurred by the sheriff in removing and storing or paying for the removal and storage of the caravan or goods.
(a) removing and storing or paying for the removal and storage of the caravan and any goods; and (b) selling or attempting to sell and disposing of the caravan and any goods—
must be dealt with as unclaimed money in accordance with Part 3 of the Unclaimed Money Act 2008 as if the sheriff were a business to which that Part applies.
(a) removing and storing or paying for the removal and storage of the caravan and any goods; and (b) selling or attempting to sell and disposing of the caravan and any goods—
the sheriff may apply to the Tribunal for compensation for those costs.
(a) make an order for compensation; or (b) dismiss the application.