VCAT Case Summaries
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Severe Hardship and Public Housing: VCAT Requires Creation of Tenancy Agreement
VCAT ordered Homes Victoria to create a residential rental agreement with an occupant who had lived at the premises with his mother for many years, finding he met the statutory requirements under the Residential Tenancies Act and would likely face homelessness if the tenancy was not granted.
Renter Challenge Fails: VCAT Finds 91ZZA Notice Valid
VCAT held in Myers v Grimson [2026] VCAT 45 that a Notice to Vacate issued because the owner intended to occupy the property was valid where the statutory declaration requirements under the Residential Tenancies Act 1997 (Vic) were satisfied, and no additional supporting evidence was required.
Can a Mortgagee Evict a Tenant?
In Capital Securities Mortgages Pty Ltd v NAA (Residential Tenancies) [2026] VCAT 40, VCAT held that a mortgagee who had assumed the landlord’s rights by collecting rent could issue a notice to vacate under s 91ZZB to sell the property with vacant possession. Despite significant hardship faced by the renter and his children, the Tribunal found it reasonable and proportionate to make a possession order.
Bond & Compensation Claim & TICA Listing
In Xie v Bakshi (Residential Tenancies) [2025] VCAT 1122, VCAT awarded part of the bond to the rental provider for arrears, limited loss of rent, cleaning, carpet cleaning, wall damage and electricity, while also ordering removal of the renters’ TICA listing because the tenancy database entry was inaccurate and unlawful.
Section 91ZZA NTV & Reasonable and Proportionate
In GPC v GEM (Residential Tenancies) [2025] VCAT 1116, VCAT dismissed a possession application despite a valid notice to vacate for family use, holding that eviction was not reasonable and proportionate given the renter’s significant mental health challenges and lack of alternative housing.
Big Claim, Small Win: When Compensation Claims Go Too Far
In Harris v Pulsoni [2025] VCAT 1107, VCAT dismissed the bulk of a $26,000 renter compensation claim, awarding just $278 for limited maintenance breaches and rejecting claims relating to quiet enjoyment, electricity charges, and alleged contractual breaches.
The Issue of “Immediacy” in Premises to Be Sold NTV
In Zovi v Ray [2025] VCAT 1053, VCAT granted a possession order after finding a valid notice to vacate for sale, rejecting arguments about delayed sale timing and subletting, and holding that eviction was reasonable and proportionate despite the renter’s long-term occupancy.
Personal Service Done Correctly
VCAT has ruled that personally serving a Notice to Vacate on one renter doesn’t count as serving all. In Sathiyamoorthy v Gomez (No 2) [2025] VCAT 945, a possession application was dismissed after the agent handed the notice to just one of four renters.
When Is a Sale-Based Possession Order “Reasonable and Proportionate”?
In Sathiyamoorthy v Gomez [2025] VCAT 938, VCAT granted possession after a valid NTV, finding it reasonable and proportionate. The decision highlights that proportionality turns on the tenancy’s ongoing viability—not a simple hardship comparison.
Renovation NTV Strikes Again!
In Piacente v Ward [2025] VCAT 889, the Tribunal struck out a possession order after finding that a notice to vacate for bathroom renovations was invalid. The rental providers failed to attach a building permit, which VCAT confirmed is a mandatory requirement under section 91ZX of the Residential Tenancies Act.