Notice to leave in a rooming house
What is a notice to leave?
A rooming house manager can give a notice to leave if they have good reason to believe that your client or their visitor has committed a serious act of violence on the premises, or if they are a danger to others in the rooming house. A notice to leave requires the resident to leave the rooming house immediately and not return for at least 2 business days.
Your client cannot be given a notice to leave if:
- They have already been given a notice to vacate for ‘danger’ for the same behaviour, or
- If the behaviour was family violence committed by the client’s visitor.
It is an offence to give a notice to leave without good reason. The notice must be in the prescribed form and must be given as soon as possible after the alleged violence.
What does my client need to do if they are given a notice to leave?
A notice to leave is different from a notice to vacate. If your client is given a notice to leave:
- Their rental agreement is considered suspended,
- They must leave the rooming house immediately and cannot return for two business days,
- They must continue to pay rent and any other charges for the days they are suspended.
It is an offence for your client to remain on the premises after receiving a notice to leave, or to re-enter the premises while suspended. If your client needs any of their personal belongings, someone else will need to collect the belongings on their behalf.
If the rooming house is managed by a community housing provider (CHP), you should proactively contact the CHP to confirm if they are able to support your client with a funded stay in crisis accommodation.
What if my client does not agree with the allegations in the notice?
Your client must leave the rooming house immediately, even if they do not agree with the allegations in the notice to leave.
Unfortunately, there is no option to pre-emptively challenge a notice to leave. Instead, your client will need to wait until a VCAT hearing to present their side.
What happens after a notice to leave is given?
After issuing a notice to leave, the rooming house operator can make an urgent application to VCAT if they want to evict your client from the property permanently.
The rooming house operator needs to make this application within two business days of giving the notice to leave. A VCAT hearing must then be listed within two business days after the application is made.
If the rooming house operator does not make an urgent application, your client can return to the property two business days after the notice to leave was given.
If an urgent application is made, your client cannot return to the rooming house until after VCAT has made a decision at the hearing.
- It’s important that your client understands that they must leave the rooming house immediately.
- If possible, get a copy of the notice from your client so that you can support them with next steps.
- Call VCAT to confirm if the rooming house operator has made an urgent application.
- Refer your client for legal help.
- Support your client to recover any belongings they may need.
- If your client is in community housing, contact the housing provider and ask if they can support your client into crisis accommodation.
What happens at the VCAT hearing?
At the hearing, the VCAT Member will decide whether your client can return to their rooming house.
The Member will give your client and the rooming house operator an opportunity to present their sides, including any evidence. The rooming house operator, as the person who made the urgent application, will be asked to speak first.
Making a decision
To make their decision, the Member will first consider whether it was appropriate for the rooming house operator to give a notice to leave. The Member will consider:
- If the notice to leave was in the correct form and given to the person correctly,
- If the rooming house operator has sufficiently proved their allegations, and
- If the behaviour is serious enough to give a notice to leave.
- What if the Member decides the notice to leave was appropriate?
- What if the the notice to leave was not appropriate?
What if the Member decides the notice to leave was appropriate?
If the Member decides the notice to leave was appropriate, they will then consider if it would be reasonable and proportionate to make an order evicting the client. Some of the factors which the Member must consider include:
- The nature, frequency and duration of the conduct,
- The effect of the conduct on other residents,
- Whether any other order or course of action is reasonably available instead of making a possession order, and
- Any other factors they consider relevant.
What if the the notice to leave was not appropriate?
If the Member decides the notice to leave was not appropriate, they must decide that:
- The person can return to the property,
- The person does not have to pay rent for the period they were suspended from the property,
- The rooming house operator needs to pay compensation for any rent paid during the suspension, and any reasonable expenses incurred that relate to the suspension.
Read our Guide to VCAT hearings processes for more information about how to prepare your client for a hearing, including adjournments, missed hearings, and what happens if a possession order is made.
Where can my client get more help?
Legal services
The following services might be able to provide advice and assistance if your client needs help with a notice to leave:
- Victoria Legal Aid: Legal Help can give advice over the phone, or via an online chat service.
- Tenants Victoria: Tenants Victoria offers 30-min secondary consultations for workers. You can book a call through their website.
- Community Legal Centre (CLC): Your client’s local CLC might be able to provide some advice. Find your client’s local CLC.
See our referral page for legal support and other support options.
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.
