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Violent situations in tenancies
Changing the lease
If you are a tenant involved in family violence, there are procedures you can follow.
If you become a ‘protected person’ or a ‘respondent’, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) to change your tenancy arrangements.
A protected person is someone protected by a family violence safety notice (issued by the police) or a family violence intervention order (issued by the court). For more information, view Definitions below
A respondent is someone who has had a family violence safety notice or family violence intervention order issued against them.
A protected person can apply to VCAT to change the tenancy when a family violence intervention order is made final by a magistrate, and the respondent is excluded from the family home.
The protected person can then apply to VCAT:
- for a new tenancy agreement even if they are not named on the existing lease
- to end the lease early on hardship grounds to ensure their safety or the safety of their children.
If the protected person applies to VCAT for a new tenancy agreement:
- the landlord has a right to have a new Condition Report provided on the rented property
- the respondent is allowed to have a representative present when the condition of the rented premises is inspected
- the landlord or owner must be given entry to the premises to view its condition, if the protected person has been given proper notice of the inspection.
The role of VCAT
If the protected person applies to VCAT for a new tenancy agreement, VCAT can:
- terminate the existing tenancy agreement
- require the landlord to enter into a new tenancy agreement with the protected person
- issue a new tenancy agreement for the remaining period of the lease based on the same terms, conditions and rent as the existing lease
- make decisions about who is entitled to any bond and who must pay for any damage noted in the Condition report.
A protected person can get help with the VCAT process by calling 03 9628 9800 or 1800 133 055 (country callers only), or in person from VCAT’s family violence support workers.
The respondent can also apply to VCAT to end the lease early on hardship grounds if they are:
- one of the tenants named on the existing lease, and
- concerned about their liability under a tenancy agreement.
Violent situations in rooming houses, caravan parks and sites under site agreements
If a resident, site tenant or visitor acts violently or puts anyone in danger, the rooming house, caravan park or site owner can use a:
Issuing a Notice to leave to resident/s of managed premises or resident’s visitor form suspends the residency and the resident and/or visitor must leave the premises immediately. They are not allowed to return for two business days, or until the matter is heard at the Victorian Civil and Administrative Tribunal (VCAT) if the owner has applied for possession.
The person given the notice to leave may be fined if they:
- do not leave the premises immediately
- return to the premises during the suspension period.
Paying rent while suspended
The resident must continue to pay rent and any other charges while they are suspended.
If VCAT decides the resident should not have been suspended, the resident must be let back into the premises. VCAT may order the rooming house, caravan park or site owner to refund any rent or other charges the resident paid for the days they were suspended.
During a suspension
The owner may apply to VCAT to have the resident evicted during a suspension. The owner must do this within two business days after the suspension of the tenancy agreement, residency right or site agreement. The resident remains suspended until VCAT deals with the application.
The resident has the right to attend the hearing and present their case. It is important for residents to keep in contact with VCAT so they can be told the date and time of the hearing.
If the owner does not apply to VCAT to have the resident permanently evicted, the resident can return to the premises once the suspension has finished.
Definitions
Family: includes current or former husbands, wives, domestic partners (including same-sex partners), parents, children, relatives and other people considered to be ‘family’ in contemporary family types.
Family violence: includes physical, sexual, economic, emotional and psychological abuse. Family violence may also include threatening or controlling behaviour, or that which causes children to witness violence (or the effects of it) committed by one family member against another.
Family violence intervention order: issued by a magistrate to protect family members from violence. The order may say that the respondent is excluded from their home. If the respondent breaks the conditions of a family violence intervention order or safety notice, they can be arrested by police and may be fined or imprisoned. For more information, view the Family violence intervention orders page on the Legal Aid Victoria website.
Family violence safety notice: has conditions similar to a family violence intervention order, and can by issued by police if the court is closed. A safety notice is also an application by police for a magistrate to issue an intervention order. It stays in effect until the magistrate decides whether to issue an order. For more information, view the Family violence safety notices page on the Legal Aid Victoria website.
Last updated: 15/05/2012