Victim-survivors of family violence or personal violence can make an application to the Victorian Civil and Administrative Tribunal (VCAT) for an order terminating an existing rental agreement. VCAT can order the rental provider (landlord) to enter into a new rental agreement that does not include the perpetrator.
Who can apply?
A person listed on the rental agreement (or lives at the rental property even if they are not listed on the rental agreement) can apply to VCAT if they:
- are or have been subjected to family violence by another person on the rental agreement, or
- are a protected person under a personal safety intervention order made against someone listed on the rental agreement.
When must the VCAT matter be heard?
VCAT must hear this kind of application within three business days of the application being made, or no later than the next available sitting day after three business days end.
What can VCAT order?
VCAT may make an order terminating the existing rental agreement, they can also require the rental provider to enter into a new rental agreement.
What happens if VCAT orders the creation of a new rental agreement?
When VCAT orders the creation of a new rental agreement, it will be on the same terms, rent and conditions as the original agreement. If the original agreement was for a fixed term, the new agreement will run for the remainder of the old fixed term.