Situation 1A
I'm about to miss a rent payment!
Situation 1B- I have missed two or more weeks of rent
I have missed two or more weeks of rent!
Situation 2(Received notice to vacate)
I have received a Notice to Vacate
Learn: What is a Notice to Vacate (NTV)?
Under Victorian law, your landlord/real estate agent must give you notice if they want to evict you. A Notice to Vacate is a document that gives you this notice - see the example on the right.
Receiving a NTV does not mean that you need to leave the property or hand over your keys.
Learn: Is the Notice to Vacate valid?
Your NTV must:
- Be in the relevant prescribed form (i.e. similar to the example on the right)
- Be addressed to the tenant(s)
- Be signed by the landlord, or real estate agent
- Specify the reason for giving notice (i.e. you are 14 days or more behind in rent)
- Specify a date by which the tenant is required to vacate
If your NTV does not meet any of these requirements you can challenge the validity of the NTV at VCAT. You should consider seeking legal advice.
Action: Improve your financial situation
You can use a number of free online resources designed to help take control of your finances, or you can even speak to a financial planner for professional advice. Click here for a list of resources.
Action: Send a letter to your landlord/real estate agent
You can send a letter to your landlord/real estate agent to come to an agreement to address your rent arrears and avoid having them take further steps to evict you.
In the letter, you should:
- explain why you have been missing your rent payments; and
- offer a payment plan to catch up on those missed payments.
If you want Dear Landlord to generate this letter for you, click ‘Yes, generate letter’. At the end, you can edit the letter before sending it to your landlord/real estate agent. If you do not want Dear Landlord to generate a letter, click ‘Skip’.
Situation 3 (VCAT Hearing)
My landlord/real estate agent sent an application to VCAT to evict me, and I have a hearing coming up.
Learn: What is a possession order? What is a VCAT hearing?
Your landlord/real estate agent has applied for a possession order from VCAT. A possession order allows them to buy a warrant for possession, which they can then use to evict you.
When a landlord/real estate agent applies to VCAT for a VCAT possession order, VCAT chooses the date, time, and location of the hearing and informs both parties. VCAT has locations all over Victoria, but your matter should be heard at the location closest to the property.
You do not need to leave the property just because your landlord/real estate agent has applied for a VCAT possession order hearing.
Action: Send a letter to your landlord/real estate agent
You can send a letter to your landlord/real estate agent to come to an agreement to address your and ask them to withdraw the VCAT application. This way, you may be able to avoid going to VCAT.
In the letter, you should:
- explain why you have been missing your rent payments; and
- offer a payment planto catch up on those missed payments; and
- ask your landlord/real estate agent to withdraw the VCAT application if they accept your payment plan.
If you want Dear Landlord to generate this letter for you, click ‘Yes, generate letter’. At the end, you can edit the letter before sending it to your landlord/real estate agent. If you do not want Dear Landlord to generate a letter, click ‘Skip’.
Action: Attend VCAT hearing to show that possession order should not be granted
It is important that you make an effort to attend the hearing as VCAT can make an order in your absence (if you miss or are likely to miss a hearing, click Start Over and select the "I missed my VCAT hearing and a possession order was made against me". To convince VCAT that the possession order should not be granted, you could:
For information on preparing for a VCAT possession order hearing, click here. If you want further assistance on VCAT hearings, click here.
Has your landlord made false claims?
If your landlord makes false claims - e.g. you missed rent payments, when you did not miss any - you should bring evidence of this to VCAT. This may prevent a possession order being granted.
Is the Notice to Vacate valid?
Your landlord/real estate agent can only apply for a possession order after they have provided you with a Notice to Vacate (NTV). If you can show they applied before issuing an NTV, you may prevent the granting of a possession order.
Your NTV must:
- Be in relevant prescribed form
- Be addressed to tenant/s (you and any other tenant)
- Be signed by landlord/real estate agent
- Specify reason/s for giving notice (i.e. you are 14 days or more behind in rent)
- Specify the date by which you are required to vacate.
If your NTV does not meet any of these requirements, you can challenge the validity of the NTV at VCAT. If the NTV is found by VCAT to be invalid, VCAT should not grant a possession order.
Section 4 (I went to a VCAT hearing and a possession order was made against me.)
I went to a VCAT hearing and a possession order was made against me.
Learn: Your landlord/real estate agent can now purchase a warrant of possession
Now that your landlord/real estate agent has obtained a possession order against you, they are able to purchase a warrant of possession.
A warrant of possession can be used to evict you from the property. If a warrant has already been executed, please click here for relevant information.
Action: Negotiate with your landlord/real estate agent
You can still try to negotiate with your landlord/real estate agent after a possession order has been made against you - if successful you may be able to avoid having them take further steps to evict you.
You could try writing to your landlord/real estate agent to:
If you would like to talk to someone about your financial situation or use an online tool to help you figure out a payment plan, please click here for some resources. If you would like legal assistance in relation to your possession order, you should seek legal assistance from a legal advice service.
Click ‘next’ for an example of a letter to send to a landlord/real estate agent trying to negotiate after a possession order has been made.
Why should I offer a payment plan?
A payment plan shows that you are committed to repaying your landlord/real estate agent.
To create a payment plan, click here.
Why should I offer a payment plan?
A payment plan shows that you are committed to repaying your landlord/real estate agent.
To create a payment plan, click here.
You could seek legal assistance from the following services:
Situation 5 ( Missed VCAT Hearing)
I missed my VCAT possession order hearing
Learn: What is a possession order? What is a warrant for possession?
To evict you, your landlord/real estate agent must obtain a possession order from VCAT. A possession order allows them to buy a warrant for possession, which they can use to evict you.
Urgent action: Check whether your landlord/real estate agent has bought a warrant for possession
Caution: If your landlord/ real estate agent has purchased a warrant of possession (your landlord, real estate agent or the police might tell you if this is the case), you must act quickly, as the warrant can be executed immediately.
To find out whether a warrant of possession has been purchased, call VCAT on 1300 018 228.
Action: Apply for a review hearing
When you miss a VCAT possession order hearing you can apply to have the order reheard. This means VCAT may have a second hearing to decide if the possession order should be given, but with you present. This is called a review hearing.
You can apply for a review hearing if you:
- did not attend the possession order hearing; and
- have a reasonable excuse; and
- have a reasonable case to argue; and
- lodge your review application within 14 days of becoming aware of the possession order.
What happens after I apply?
After your review application has been lodged, VCAT will list it for hearing. This can happen at any date after you send the application. You will be mailed the hearing date - but might not get more than a few days warning. If your mail is unreliable, you can call VCAT to find out if, and when, your hearing has been listed.
Even if you get a hearing date, this does not mean the review hearing has been granted. At the hearing, you will need to convince the VCAT member to grant the new hearing. If the rehearing application is successful, the new hearing will normally go ahead on the same day (i.e. in relation to the original application for a possession order or compensation order), so you need to be prepared for this too.
For more information about reviewing a possession order, click here.
If you want Dear Landlord to generate a personalised review application for you, click ‘Yes, generate review application’. At the end, you can edit the application before sending it to VCAT. If you do not want Dear Landlord to generate this application, click ‘Skip’.
By clicking ‘Yes, generate review application’, you understand that this information will be used only for the purpose of generating your review application to your landlord or VCAT application form. Justice Connect does not retain the answers that you enter or the documents generated for you by the app. For further information see Justice Connect’s
Privacy Policy.
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Learn: Improve your financial situation
You can access free online resources designed to help you take control of your finances, or you can speak to a financial planner for professional advice - and avoid missing rent payments in future. Click here for a list of recommended resources.
Action: Send a letter to your landlord/real estate agent
You can send a letter to your landlord/real estate agent to:
- explain why you are about to miss your rent payment; and
- offer payment plan to catch up on your missed payments.
If you want Dear Landlord to generate this letter for you, click ‘Yes, generate letter’. At the end, you can edit the letter before sending it to your landlord/real estate agent. If you do not want Dear Landlord to generate this letter, click ‘Skip’.
Why should I explain?
Giving an honest explanation of why you’ve been missing payments may lead to your landlord/real estate agent deciding not to take steps to evict you.
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By clicking ‘Yes, generate letter’, you understand that this information will be used only for the purpose of generating your letter to your landlord or VCAT application form. Justice Connect does not retain the answers that you enter or the documents generated for you by the app. For further information see Justice Connect’s Privacy Policy.
Section 6 (Police came to my property)
Warrant has been executed
Learn: Warrant has been executed
If a warrant has been executed and the locks have been changed at the property, your tenancy has come to an end.
You do not have any legal options to regain your tenancy. However, you still have a right to reclaim your goods still at the property in certain circumstances.
To find out more about your rights and your landlord’s/real estate agent’s obligations regarding goods left behind, you can read the following resources:
If a warrant has not been executed yet, you should seek legal advice urgently about your options.
Action: Find temporary accommodation and access local support service
If you have been evicted and don’t have anywhere to sleep tonight, contact family or friends who may be willing to help you. Alternatively, find your local housing service here. Housing services often have long wait times so you should go down as early in the day as possible. To find your local housing and homelessness service, you could call the 24/7 toll free housing services hotline, at 1800 825 955.
Ask Izzy can show you where vital services are if you find yourself without anywhere to sleep for the night (e.g. meals, clothes, money help, health services, showers and bathrooms etc).
