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 orderDefinitionA court order that prohibits a person from harming or harassing someone. 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 tenancyDefinitionThe agreement between a landlord and a tenant for the rental of a property. agreement, apply using our Application by an excluded tenant form. These applications come under section 234 of the Residential Tenancies Act 1997.

If you want to make an application in the Residential Tenancies ListDefinitionA List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. of VCAT about issues that do not relate to your exclusion from rented premises, use our 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 someone support you at a VCAT hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. . This may be a lawyer, a social worker, a friend or relative 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.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

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.

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. The following services may be able to help 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.

Legislation that applies to this type of case

Section 234 of Residential Tenancies Act 1997

Victorian Civil and Administrative Tribunal Act 1998