"*" indicates required fields

1Privacy policy

2Checking your Notice to Vacate

3Outcome desired

4Contact details

5Rental details

6Hearing details

7Circumstances

8Rent and income

9Payment plan details

10Showing you can afford to pay off the arrears

11Impact of eviction

12Review your details

Your personal information

Justice Connect will collect some personal information from you to generate your document. We will store this information securely.

With your permission, we may use your email to contact you for feedback about your Dear Landlord experience. We may use de-identified and aggregate data from Dear Landlord to improve the tool & advocate for Victorian renters.

Read our privacy policy to understand how we collect, use and store your personal information.

Yes, I have read and agree to the privacy policy

Checking your Notice to Vacate

Before you draft your VCAT speaking notes, it’s important to check whether you think your Notice to Vacate is valid.

A Notice to Vacate must meet certain requirements, otherwise it can be considered ‘invalid’ by VCAT. If a Notice is invalid, it means that VCAT cannot make any decisions to evict you based on that Notice to vacate.

Here are reasons why a Notice to Vacate might be invalid in private rentals:

The unpaid rent listed on the Notice was significantly more than you owed at the date of the Notice
You are behind in rent because your rent was increased but you didn’t get a valid Notice of Proposed Rent Increase
The notice was not properly delivered (e.g. it was sent by post but you didn’t receive it, or it was emailed without you agreeing to receive documents electronically)
There is a mistake in the renter name/s or property address
The Notice you got was unsigned
The Notice is not in the correct form from Consumer Affairs Victoria
The termination date doesn’t give you 14 days’ notice plus the extra time for delivery (see our FAQs for required delivery times)
The notice doesn’t list the correct section (s 91ZM) or it doesn’t give enough detail about why it was issued

If you think that your Notice to Vacate might be invalid, you should speak to a lawyer. Visit our FAQs to read more about invalid notices or to find a free legal service to contact.

If you think the Notice is invalid, VCAT asks you to tell them immediately.

NTV Checkbox*

I have checked my Notice to Vacate and I want to draft a payment plan and VCAT speaking notes.

What outcome would you like to get from your VCAT hearing?*

Remain in the property with a payment plan

Leave the property

Another outcome

The main way to avoid eviction is to show that you can avoid financial loss to the rental provider. This means offering a realistic payment plan for the unpaid rent as well as paying your ordinary rent.

Your contact details.

To begin drafting your payment plan, enter a few details about you and your situation.

First Name*

Last Name*

Email Address*

Phone*

Address

This is the address of the rental property.

Street Address*

Suburb*

State*

Postcode*

Feedback consent

I’m happy to be contacted by Justice Connect about feedback on Dear Landlord

Your rental details

Name of your rental provider (your landlord or the owners of the property)

This is not the name of your real estate agent. This should be written on your rental agreement, and there might be more than one name. If you don’t know the names of your rental provider, you can leave it blank and they can fill it in.

Renters listed on the rental agreement*

Please list all renters who are named on the rental agreement, including yourself, separated by a comma.

Your hearing details

What day is the VCAT hearing scheduled

DD slash MM slash YYYY

VCAT reference number

Your VCAT reference number can be found on correspondence from VCAT about the rent arrears. If you don’t know you can leave this blank.

How much rent do you owe?

Has the rental provider made a claim for your bond?

If a claim has been made for your bond, bond should be mentioned under ‘Reason for VCAT hearing’ on the hearing notice.

Yes

I don’t know

If you have experienced family or personal violence and your rental provider is claiming bond, you can ask VCAT at your hearing to keep your portion of the bond. You will need to give VCAT the right evidence. You should speak to a lawyer who can help you to defend your bond and obtain the evidence for VCAT.

Your circumstances

Let’s include information about your situation and why you’re behind in rent. This will be included in your speaking notes to help VCAT understand your situation.

Select why you are behind in rent*

(choose as many that apply)

I have not been paid by my employer

I have been unemployed

My income has been reduced

I have been waiting for income support

I have been struggling with ill health

I have had caring responsibilities

I had unforeseen expenses which I had to pay

I have been struggling with the cost of living

I have experienced family or personal violence

Is there anything else you want VCAT to know about why you fell behind in rent?

This is optional

Try to be as clear and concise as you can. Your entry will be used to create your speaking notes to use at the hearing, so write like you are speaking to the VCAT member. Here are some prompts to help you elaborate:

What was your situation before falling behind? (How were you paying rent?)
What changed in your life that made it hard to pay rent?
If you’ve received multiple notices to vacate, explain why you have fallen behind again or stayed behind in rent.

Is there anything else you want VCAT to know about why you fell behind in rent?

Have you made any attempts to pay back the rent arrears since the notice to vacate was issued?

I have paid back some of the arrears

I have offered to make additional payments

I have offered the rental provider a payment plan

Is there anything else you want to say about attempts you’ve made to pay back the rent arrears?

This is optional

Any information about attempts you have made to pay back the rent arrears or offer a payment plan before the hearing shows your willingness to pay back the arrears in the future. Your entry will be used to create your speaking notes to use at the hearing, so write like you are speaking to the VCAT member.

Is there anything else you want to say about attempts you’ve made to pay back the rent arrears?

Your rent and income

The next few questions will help you work out how much you can afford to repay.

How much do you pay in rent?

(Enter the total rent for your household)

How often?

Weekly

Fortnightly

Monthly

How much income do you earn?

If you don’t receive the same income amount each month, enter an estimated average. If you are writing this letter on behalf of your household, enter your household’s average income.

How often?

Weekly

Fortnightly

Monthly

Your payment plan

The main way to avoid eviction is to show you can pay back the rent by offering a manageable payment plan.

How much extra do you want to pay?*

This will be paid with your regular rent payments.

When do you want to start paying this amount?*

This date must be on or after the hearing date

DD slash MM slash YYYY

Do you want to make a lump sum payment?*

You can offer a one-off lump sum payment if you have the money available. This is completely optional.

Yes

How much do you want to pay?

When will you pay this amount?

DD slash MM slash YYYY

Payment plan results

Completion time:
Completion date:

Weekly total (your rent and payment plan):

This is of your income.

⚠️ You may be in rental stress (>30%)

You can try different amounts to see how much you’ll pay back and how long it will take. Don’t forget to consider your other bills, groceries, medical costs, and other expenses.

The VCAT member will confirm how much you owe on the day of the hearing, which will determine how long it takes to pay off. These estimates are a guide only based on the information you have provided, they may not be correct.

The 30% rule

Did you know that if you are paying more than 30% of your income (after tax) on rent, you are considered to be in ‘rental stress’? If you are struggling with other debts or bills, talk to a financial counsellor. Call 1800 007 007 to speak to a financial Counsellor or find one in your local area.

Showing you can afford to pay off the arrears

We will help you explain to VCAT how you will afford to pay your rent and stick to the payment plan. This will help you to stay in your home.

Have you taken any of the following steps?

Optional, select all that apply to you

I have prepared a table of finances that shows that with my current financial situation. I can afford to keep paying the rent and pay off the arrears.

I am currently seeking support from a financial counsellor to help me manage my finances so I can pay back the arrears.

I have applied for financial assistance to make a payment towards the rent arrears.

I have contacted a service who might be able to help me with my finances, but I haven’t heard back from them yet.

I am willing to speak to a service who can help me with my finances, including speaking to a financial counsellor or asking for financial assistance. I respectfully ask that VCAT refers me to a financial counselling service.

I have applied for a Centrelink or income support payment.

Is there anything else you want to say about how you will afford to keep paying your rent and the arrears?

This is optional

Your answers will be used to create your speaking notes to use at the hearing, so write like you are speaking to the VCAT member. Here are some prompts to help you:

Do you have a new or different source of income (e.g. employment, Centrelink, savings) that covers your rent and living costs?
Have you received any extra money or additional financial support?
Have you reduced your expenses for any reason in other areas, that may help you to afford rent?
Are you receiving help from a financial counsellor or other support service?
Have you already started paying off the rent arrears? Mention any recent payments you have made that demonstrate your ability to pay.

Don’t forget that you should bring evidence of your financial circumstances to show VCAT. Once you’ve finished your speaking notes, we will email you a list of possible documents to support your situation.

Is there anything else you want to say about how you will afford to keep paying your rent and the arrears?

Get financial support

To improve your financial circumstances before a hearing, find out if you’re eligible for a one-off payment towards your rent or you can speak to a financial counsellor. You may be eligible for a one-off payment towards your rent if you are in financial stress, through the Victorian Government’s Private Rental Assistance Program. Call your local homelessness and housing organisation (1800 825 955) and ask if you can access this program. Find your local service Financial counsellors are qualified professionals who provide free information, advice and advocacy if you are in financial difficulty or struggling with debts. Find a financial counsellor.

What would happen if you were evicted:

Optional, select any that best suits your situation

Housing and homelessness risk

If I am evicted, I have nowhere to go. I am at a real risk of becoming homeless.

The current rental market in my area is unaffordable.

I have applied for [X] rental properties in the past [X weeks/months] and been unsuccessful. Finding a new home is not realistic right now.

I cannot afford to pay a bond and first month’s rent upfront. Even if a property were available, I could not secure it.

Impact on children

I have [X] children living with me. Eviction would leave them without a home and disrupt their schooling and stability, which would significantly harm their education and wellbeing.

My child has special needs and relies on services in this area. Eviction would separate them from that support and cause serious harm to their health and development.

Health and vulnerability

I have a [health condition / disability / mental illness]. Losing my housing would have serious consequences for my health and I may be left without appropriate support.

I am the primary carer for [a family member / person with a disability]. If I lose this home, their care will also be put at risk.

Family or personal violence

I have experienced family or personal violence and losing my home would pose a risk to my [and my family’s] health and safety.

I have experienced family or personal violence, and I have an intervention order, or family violence safety notice [and the person using violence has been excluded from the home/area].

Community and local connection

I rely on support services in this area — including [health / education / family / community services]. Moving would cut me off from that support at a time when I need it most.

I have lived in this property for [X years]. It is my established home. I have strong ties to this community and moving would cause significant disruption to my life.

Financial loss and employment

If I am evicted, I will struggle to work which would cause financial hardship.

Is there anything else you want to say about what would happen if you were evicted?

This is optional

Remember, your answers will be used to create your speaking notes to use at the hearing, so write like you are speaking to the VCAT member. Here are some prompts to help you:

Do you have any health conditions, disabilities or vulnerabilities that would make eviction particularly harmful?
What ties do you have to this area that would be affected by eviction?
Is this a once-off situation? Do you have a good history of paying rent on time?
Are you at risk of family violence or abuse? Do you have any other court orders or current applications which protect your safety?
Do you have concerns with the conduct of the rental provider or real estate agent?

Don’t forget to send your supporting evidence to VCAT before your hearing and bring it to the VCAT hearing.

Is there anything else you want to say about what would happen if you were evicted?

Great! You’re almost done.

Please review the below details before you finish.

Your contact details
{First Name:1} {Last Name:2}
{Email:29}
{Phone:5}
{Street Address:91}, {Suburb:90}
{State:87}, {Postcode:89}

Your rental details
Your rental provider: {Residential rental provider name/s (otherwise known as a landlord, the owner/s of the property):7}
Renters on rental agreement: {Renters listed on the rental agreement:67}
VCAT reference number: {VCAT reference number:8}
You said you owe ${How much rent do you owe?:78} in rent

Your circumstances:
You struggled to pay rent because:
{Select why you are behind in rent:43}

Your payment plan:
You said your household pays {How much do you pay in rent?:44} in rent {How often?:47}.
You are requesting to pay back an extra {Regular repayment:52} {How often?:47} starting from {:54}.

You are offering a one-off payment of {Payment 1: How much do you want to pay?:57} by {Payment 1: When will you pay this amount?:58:date:d/m/Y}.

Showing you can afford to pay off the arrears:
You said you have taken the following actions:
{Have you taken any of the following steps?:107}

Impact of eviction:
{Housing and homelessness risk:113} {Impact on children:116} {Health and vulnerability:120} {Family or personal violence:122} {Community and local connection:124} {Financial loss and employment:126} {Is there anything else you want to say about what would happen if you were evicted?:129}