If your client is listed on a rental agreement with the person who has used violence against them, there are two options for removing them from the rental agreement:
If your client applies to VCAT, VCAT can make an order terminating the current rental agreement and creating a new one that is:
Once the application is made, VCAT must hear it within three days. Because the hearing will be scheduled quickly, we recommend supporting your client to get legal advice before making the application.
Tenancy law contains options for renters who experience both family violence or personal violence as defined below.
Family violence is a behaviour by a partner, caregiver, family member or guardian that is:
Personal violence can be carried out by a non-family member and means the following:
Your client may be able to apply to VCAT to have a new rental agreement created in their name if:
At VCAT, your client should give any evidence they have which shows the property is their home. This might include:
If the co-renter who has used violence against your client is a family member or intimate partner, your client will need evidence of the violence for the application. For example, an intervention order, a letter from a family violence worker, a written statement from someone else, or a report from the police. For applications based on personal violence (not family violence), the renter needs to have an intervention order against another renter.
Your client will also need to show that they can meet their obligations under the rental agreement. This means that your client will need to be able to show they can afford the rent.
Your client will also need to show evidence of the hardship they would face if the rental agreement were not terminated, and a new agreement were not made in their name. For example, that they do not have alternative housing and would likely be homeless if forced to leave.
If your client has children living with them, they should also provide evidence of the hardship that they would face if the rental agreement were not terminated and a new agreement were not made in their name. For example, that they risk being separated from their primary caregiver or parent or being forced to move away from support or schools.
VCAT is required to hear the application within three days. Your client will receive a notice in the mail or by email which will show the date, time and location of the hearing.
If they misplace the notice, or do not receive the notice within two days of making the application, they should call VCAT on 1300 018 228 to confirm if a hearing has been listed or check the details.
At the hearing VCAT will ask to hear from your client first and then will hear from the rental provider (or agent). VCAT may also ask to hear from anyone else on the rental agreement (including the person using violence). VCAT will consider all the evidence then make a decision about whether to make an order creating a new rental agreement.
It is important that your client goes to their hearing because VCAT can make a decision even if they are not there.
If your client has good reason for not being able to go to their hearing, they can ask for an adjournment (a change to the date of the hearing). Read more about the rules and timeframes when asking VCAT for an adjournment.
If your client misses the hearing and had a reasonable excuse for not attending, they may be able to apply for a review hearing.
There are dedicated family violence support workers at VCAT who can help to keep people safe during a VCAT hearing. They can help to:
Read more about VCAT’s family violence support.
VCAT may share evidence with all the parties in a matter. If your client is worried that sharing evidence of family violence may put their safety at risk, they can ask VCAT for a hearing to decide how the evidence is used and who it is shared with.
This will usually happen before the main hearing and is called a directions hearing. Your client should contact VCAT’s family violence workers if they are worried about their safety.
If VCAT makes an order terminating the agreement and creating a new one, it can also make orders about:
It’s important to address these during the VCAT hearing. If it’s not addressed, the renter will have to wait until the rental agreement is over to have VCAT make a decision about bond or compensation. Importantly, VCAT can only make orders about outstanding utilities at the hearing to terminate and create a new rental agreement.
Legal services
The following services might be able to provide advice and assistance if your client needs to end a rental agreement:
Family violence services
See our referral page for legal support and other support options.
Our free self-help tool, Home of Your Own, provides personalised legal information, practical guidance, and templates for Victorian renters who are facing family violence.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
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