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.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT.

For renting cases, 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.

When your dispute is about regaining possession of a rental property, you do not need permission from VCAT to be legally represented.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Section 234 of Residential Tenancies Act 1997

Victorian Civil and Administrative Tribunal Act 1998

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 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.

  • As most cases in the Residential Tenancies List are short, and involve small amounts of money, we rarely schedule compulsory conferences. Read more about resolving a case by agreement.

  • 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.