Challenging a notice to vacate

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A tenant or resident can challenge a notice to vacate (end the tenancy and leave the property) at the Victorian Civil and Administrative Tribunal (VCAT) if they:

  • believe it was not given to them properly
  • disagree with the reason given.

In certain circumstances, tenants wishing to challenge a notice must apply to VCAT within a specific timeframe after receiving a notice to vacate. 

Also, in certain situations, rooming house and caravan park residents must apply to VCAT within 30 days of receiving a notice to vacate, if they wish to challenge it.

Note: A rooming house is a building where one or more rooms are available to rent, and four or more people in total can occupy those rooms.

If the application is being sent by mail from a country area, an extra two days should be allowed for postal delivery times.

Tenants or residents who think there are grounds for challenging should seek advice immediately, either from Consumer Affairs Victoria or a tenant advocacy service such as the Tenants Union of Victoria.

Be aware that an unsuccessful challenge is likely to result in VCAT ordering the tenant or resident to pay legal costs.

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