Apply to tribunal
If you have done everything from the last blogs, it’s rare you’ll need
to go to Tribunal.
On average when managing 100 properties you would go to the tribunal once a
year.
So, by following this process you have about a 1% chance of having to go
to tribunal.
That’s pretty good odds. But if you do; here’s what you need to do:
It generally takes around 2 weeks from when you apply to the hearing
date (when you actually show up to tribunal).
If you are absolutely certain the tenants will not move out on the
termination date then you may like to apply straight after you give the
termination notice.
You would usually apply for tribunal after the termination date when the
tenants have not actually moved out because the tribunal won’t make a hearing date
until the termination date has passed anyway. You also don’t want to waste the application
cost until you have too.
Here’s how to do it in Victoria:
Log into the Residential Tenancies Hub (use the same account you created
when sending the notice)
Hover over ‘Applications’ then click on ‘New Application’
Enter the notice number that was created when you sent them termination
notice
From here follow the prompts to apply for a Possession Order. You can
also, make the payment on the website too.
From here you’re hearing should be about 2 weeks away (hopefully
sooner).
After you have completed your application you should provide a copy
(with any supporting documentation) to the tenant within 7 days. Preferably by
registered post.
If you have any questions the helpline for the Victorian Civil and
Administrative Tribunal (Tribunal) is really helpful. Call 03 9628 9800.
VIC - https://www.vcat.vic.gov.au/
QLD - https://www.rta.qld.gov.au/disputes/dispute-resolution/applying-to-qcat/urgent-applications-to-qcat
NSW - https://www.ncat.nsw.gov.au/ncat/case-types/housing-and-property/tenancy.html
SA - http://www.sacat.sa.gov.au/
NT - https://ntcat.nt.gov.au
https://www.commerce.wa.gov.au/consumer-protection/resolving-rental-property-issues
TAS - https://www.magistratescourt.tas.gov.au/about_us/civil/residential_tenancy
ACT - https://www.acat.act.gov.au/case-types/rental-disputes
Check out the
next blogs on How to evict your tenant for not paying rent
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Jason Gwerder
Wednesday, 9 September 2020
