VCAT Case Summaries

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Renter Challenge Fails: VCAT Finds 91ZZA Notice Valid
Andrew Nguyen Andrew Nguyen

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.

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Can a Mortgagee Evict a Tenant?
Joshua Gallego Joshua Gallego

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.

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Bond & Compensation Claim & TICA Listing
Joshua Gallego Joshua Gallego

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.

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Section 91ZZA NTV & Reasonable and Proportionate
Joshua Gallego Joshua Gallego

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.

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Big Claim, Small Win: When Compensation Claims Go Too Far
Joshua Gallego Joshua Gallego

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.

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The Issue of “Immediacy” in Premises to Be Sold NTV
Joshua Gallego Joshua Gallego

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.

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Personal Service Done Correctly
Andrew Nguyen Andrew Nguyen

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.

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Renovation NTV Strikes Again!
Andrew Nguyen Andrew Nguyen

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.

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