fbpx

Tribunal

Tribunal

Property Management
Download Now!

Purpose

This procedure contains the instructions for actions through the Tribunal.

Procedure

Apply To The Tribunal (VCAT)

Complete the Tribunal Application Form online at www.vcat.vic.gov.au

The online process at the above link is used for all notices, application and rent increases.

  • Serve the required notice to the tenant and send via registered post
  • Diarise note to make application to VCAT, minimum 3 business days after notice has been served
  • Print a copy of the Application and file it.
  • Payment is also processed online, by way of an account and an invoice prepared to charge the cost back to the Landlord Client.
  • These steps are to be treated as a matter of urgency and must be completed within 24 hours.
  • Advise:
    • Landlord Client
    • Tenant
    • Other relevant parties.

Hearing Date Issued/File Prepared

  • Enter the Hearing date and time into your calendar and on the whiteboard in Rental Office
  • Advise the Landlord Client of the Hearing date.
  • Advise other relevant parties of the Hearing date.
  • Prepare file:

Do not prepare the file on the day of the Hearing, as additional information may need to be collated.

Following the Hearing – Notify the Landlord Client

  • Immediately following the Hearing, notify the Landlord  of the outcome.
  • Advise other relevant parties.
  • Diarise any dates for actions to be completed or the vacating date that has been listed on the Tribunal order.
  • File any documentation received.
  • Charge the Landlord Client any costs associated with Hearing as per the Management Agency Agreement.
  • Where the Tenant vacates, action as per Property Handover – Tenant to Agent Procedure.

Confirm The Tenant’s Vacate Date

  • Where the Tenant has confirmed they will be vacating on the date provided by the Tribunal or earlier, advise the Landlord Client and other relevant parties.
  • Confirm the date with the Tenant.

Tribunal Orders Not Complied – Seek Eviction

  • Where the Tenant does not vacate the premises by the requested date, seek the Landlord Clients instructions with regard to evicting the Tenant, as per the Agency Policy and Procedure.
  • Where the Landlord Client does not respond, seek the Department Managers instructions. Consider:
    • Will the property be damaged
    • Will the failure to comply with Tribunal orders, cost the Landlord Client money
    • Always act in the Landlord Client’s best interest.

Outstanding Rent/ Compensation

  • If the Tenant has failed to meet the orders from the Tribunal, advise the Landlord Client of their options:
    • Claim on Landlord Client Insurance policy (if covered)
    • Appoint a Debt Collection Agency to recover the outstanding funds
  • This does not happen often as it is costly and the Landlord pays.