Guide
Notices to Vacate: an overview
Understanding next steps when your client receives a notice to vacate.
Getting assistance for rent arrears
Getting assistance for rent arrears
If your client has just fallen behind in rent, or is struggling to pay rent, you might encourage your client to address this early on with the rental provider.
The rental provider can only issue a notice to vacate if a renter is 14 days (or more) behind in rent.
You or your client can get in touch with the rental provider or real estate agent and offer a payment plan. A payment plan should be affordable for the renter, otherwise they are more likely to miss a payment. A financial counsellor can help people to establish sustainable payment plans and can access discounts or concessions and sometimes even waivers on a variety of utilities, loans and debts depending on the client’s financial circumstances.
Arrears in private rental vs social housing
If your client is living in a private rental:
- You can use Justice Connect’s Dear Landlord website to create a letter offering a payment plan to the rental provider.
- You can access financial assistance to pay rent in advance or rent arrears through the Private Rental Assistance Program (PRAP). This is distributed through the closest housing access point to your client. You can call 1800 825 955, and you will be directed to the nearest housing and homelessness service.
- Consider alternative payment options, such as paying rent through Centrepay (if available through the real estate). If available, this option may be better suited for renters who receive income from Centrelink.
If your client is in public or community housing
- There is limited financial assistance available for people in community and public housing to pay for rent arrears.
- You might want to consider whether your client’s rental rebate has been correctly applied (e.g. rent is usually charged at 25-30% of the household income).
- You might be also able to support your client with their rent rebate issue. For public housing, the Department’s rent setting and rebates policies are available online. For community housing, most providers have their policies available on their websites.
- If you think there is an issue, you can write to the housing provider to seek clarification on how rent is being calculated. You can ask the housing provider to review the rent calculations and refer to their policies, if you think the rebate is being applied incorrectly. If you believe the matter hasn’t been resolved properly, you can either lodge a complaint to the housing provider or request an appeal if your client is in public housing.
- For support with rent rebates in public or community housing, you can refer your clients to the closest Tenancy Plus program or get support from the Victorian Public Tenants Association (VPTA).
My client has received a notice to vacate for rent arrears
A notice to vacate is the first step in the eviction process, and your client doesn’t have to move out if they receive one. Read Notices to Vacate: an overview for more information.
Your client can seek financial assistance where possible to pay off some or all the unpaid rent (see the above section for financial assistance options). In many cases, if the unpaid rent is paid before the ‘termination date’ listed on the notice to vacate, the notice to vacate has no effect.
You can call the VCAT registry on 1300 01 8228 to find out if there a hearing has been listed. This will help you to assess the urgency of the situation and assist your referral to legal help.
If your client is at risk of eviction into homelessness, get in touch with Justice Connect Homeless Law.
These other services can provide free information, advice or representation if your client has a notice to vacate:
- Victoria Legal Aid
- Tenants Victoria
- Local community legal service
- TAAP (for private rental only)
- Tenancy Plus (for social housing only)
- Anika Legal (for private rental)
- Access PRAP for financial brokerage (for private rental)
My client has an upcoming VCAT hearing
Read our VCAT Hearings: a guide for more information.
If your client has a hearing listed at VCAT, and doesn’t have legal representation organised for the day, they might be able to get help from a duty lawyer. Duty lawyers are unlikely to assist private renters defending a notice to vacate for rent arrears.
A duty lawyer is provided by Victoria Legal Aid at some Tribunal locations or by phone, and they can offer one off advice or representation for the client on the day of the hearing.
Call the Victoria Legal Aid helpline on 1300 792 387 to enquire about getting help from a duty lawyer.
My client has been told by police that they must move out
Read Notices to Vacate: an overview for more information.
If your client has been told by the police that they must move out, it is likely that there has been a VCAT hearing and VCAT has made a possession order. A possession order allows the rental provider to get a warrant of possession, which the police can use to remove everyone from the property and change the locks. This is the final stage of eviction, there are very limited legal options available after the locks have been changed.
If your client didn’t attend the VCAT hearing, and wasn’t represented, they may be able to get a different outcome by lodging a review application. See VCAT Hearings: a guide for more information.
Things can move quickly once a warrant of possession has been issued so we recommend urgently getting legal help for your client.
For urgent advice, you can call the Victoria Legal Aid helpline on 1300 792 387 (8am to 6pm, Monday to Friday).
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.
