Application by a resident or proprietor of a supported residential service

If you live in or are the proprietor of a supported residential service, you can apply to VCAT about fees, security deposits, notices to vacate and orders to vacate.

A supported residential service (SRS) is a privately owned business where accommodation and personal support are provided to residents who need help with everyday activities. Some public hospitals operate as supported residential services.

The SRS is operated and owned by the proprietor, who determines the support services and accommodation provided by the facility and for whom.

A person is considered a resident of the SRS if they receive personal support and accommodation at the facility.

Cases we can hear

Residents can apply:

  • for a refund of the security deposit, fee paid in advance, establishment fee or reservation fee – a person nominated by a resident may also apply on their behalf.
  • challenging the validity of a notice to vacate

Proprietors can apply for:

  • an order to vacate – if the resident did not leave the supported residential service after being given a notice to vacate
  • an order to vacate – if the resident did not leave the supported residential service after giving the proprietor a notice of intention to vacate.
  • a warrant to remove the resident – after getting an order to vacate

We can also review a decision by the Secretary of Department of Health and Human Services Victoria to issue a compliance notice or to reconsider any of its terms. For more information about reviews you can apply for, see Supported Residential Services (Private Proprietors) Act 2010 reviews.

Time limits

You must apply within certain timeframes depending on your dispute.

To challenge the validity of a notice to vacate

If you have been given a notice to vacate because you caused serious damage to the supported residential service, you must apply to VCAT within 5 days of receiving the notice.

If you have been given a notice to vacate because you significantly disturbed the peace and quiet enjoyed by other residents, you must apply to VCAT within 5 days of receiving the notice.

If you have been given a notice to vacate because you risked the safety of other residents or staff members of the supported residential service, you must apply to VCAT within 5 days of receiving the notice.  

To challenge the validity of a notice to vacate given for any other reason, you must apply within 28 days of receiving the notice.

For an order to vacate

As the proprietor, you must apply within 28 days of the effective date on the notice to vacate or notice of intention to vacate.

After you get an order to vacate

If VCAT ordered the resident to vacate and the resident did not leave by the date stated in the order, you can apply for a warrant to remove the resident from the property.

You can apply for a warrant within 6 months after the date they were ordered to leave the property by.

Documents you need to apply

To challenge the validity of a notice to vacate

You must provide a copy of the notice to vacate.

For an order to vacate

You must provide a copy of the notice to vacate or the notice of intention to vacate.

For a warrant to remove the resident

You must provide a copy of the order to vacate.

Application fees

If you are a resident

There are no application fees for a resident or someone applying on their behalf.

If you are a proprietor

Fees apply. See fees for rental disputes.

How to apply

If you are a resident

Use our Application form for residents of supported residential services (PDF - 148kB).

If you are a proprietor

For a warrant to remove the resident from the property, use our request form for a warrant of possession.

For all other applications, use our Possession application form for proprietors of supported residential services (PDF - 112kB).

 

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 legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

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.

Legislation that applies to this type of case