What to do if your tenant starts falling behind in rent – Tip 6

Consistent late payers


In Victoria you can only give your tenant a termination notice if they are over 14 days behind in rent. (Other states Breach notice after 7 days and a notice to leave after 14 days)

Sometimes you get the annoying tenants who consistently pay their rent late but never fall over 14 days behind so you can’t send them a termination notice.

BUT there is a way around this.

You can apply for a ‘Compliance Order’ through VCAT (Tribunal). This will allow you to skip the process of sending a termination notice if they fall behind again.

For example, the Compliance Order might say: The next time the tenant falls over 7 days behind in rent, the landlord can skip sending a termination notice and apply straight to the tribunal for a ‘Possession Order’ (to kick them out).

Keep in mind when you apply, you’ll need to show:

  1. A clear ledger of all their payments showing they are consistently behind in rent
  2. Evidence of the late notifications
  3. Documentation of your conversations

You can start to see how everything comes together and it’s just a simple process.

Check out the next blogs on How to evict your tenant for not paying rent

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Jason Gwerder
Friday, 4 September 2020

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