Application by an excluded tenant
An excluded tenant is a tenant who is excluded from a home by a notice or order. For example you may have been excluded from a rental premises in an exclusion clause in a family violence intervention order or family violence safety notice.
If you are an excluded tenant, and you want VCAT to make orders to reduce the term of the fixed-term tenancy agreement, apply using the excluded person application form. These applications come under section 234 of the Residential Tenancies Act 1997.
If you want to make an application in the Residential Tenancies List of VCAT about issues that do not relate to your exclusion from rented premises, use the general application form.
Under section 62A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 as an excluded tenant you can have a support person at a VCAT hearing. This may be a lawyer, a social worker, a friend or family member or any other person you choose.
Cases VCAT can hear
VCAT can hear applications by an excluded tenant to reduce a fixed term rental agreement. These applications are made under section 234 of the Residential Tenancies Act 1997
If you are an excluded tenant and applying to VCAT for any other reason you should use our general application form.
When preparing to apply, make sure you have the reference numbers of any matters that VCAT has heard in relation to this application. You may need to enter them into the application form.
Family violence intervention orders and family violence safety notices also generally name a protected person. You must enter the details of the protected person on the application form.
Complete the application form. You must send the completed application form to us and then within seven days, send it to the other parties. If you send it to the other parties first, send it to VCAT within seven days.
If you are serving the application on a protected person, send the application by registered post to their address. You may also deliver the application personally, if personal delivery is not in breach of a family violence intervention order or family violence safety notice. Read more about applying to VCAT.
When VCAT processes your application form we assign a reference number to the case and send you and the other parties information about what to do next. Generally cases heard under the Residential Tenancies List are short and often go straight to final hearing without a directions hearing. Read more about what happens when VCAT opens a case.
The VCAT member decides the case based on the evidence given at the hearing. If you are an applicant you need to prove what you are claiming. In the same way, if you are a respondent you need to back up your defence with evidence. The best evidence is what you and your witnesses give verbally, supported by original documents. Read more about how to prepare for a final hearing.
Arrive at VCAT with plenty of time so that you are not late for your hearing. When your case is called, move into the hearing room and make sure you are ready to present your case. Usually the applicant and the applicant's witnesses give evidence first. Then the respondent and the respondent's witnesses give their evidence. Read more about what to expect on hearing day.
In the Residential Tenancies List the VCAT member generally gives a decision to the parties verbally. If you want reasons to be provided in writing you should make your request at the beginning of the hearing. If you wait until the end of hearing it may be too late to ask for the decision to be provided in writing. Read more about what to expect after the final hearing.
You do not need to have legal or other professional representation to appear at VCAT.
For cases heard under the Residential Tenancies List, most landlords are represented by an estate agent. If you are a tenant and your landlord is represented by their real estate agent, you are automatically entitled to professional representation. Read more about professional representation at VCAT.
Remember your reference number
VCAT gives you a reference number for your case. Use this number whenever you contact us or the other people involved in the case.
Access and privacy
VCAT hearings and files are usually public. We have limited authority to restrict access to information except in certain circumstances. Learn more about applying for confidentiality.
If you need assistance at VCAT (including interpreters, hearing loop, video or telephone links, or family violence support) please contact us as early as possible so we can assist you. Learn more about customer support at VCAT.
Legislation that applies to this case type
section 234 of the Residential Tenancies Act 1997