How to apply to VCAT for a possession order for unpaid rent

Use this guide if all of these apply to you:

Your rental property is in Victoria.
You gave your renters a notice to vacate for unpaid rent (section 91ZM).
You self-manage the property on the Cubbi platform.
Your notice to vacate was not created in VCAT's online portal (myVCAT). For example, it was created through Cubbi.
The renters haven't moved out by the termination date on the notice.

A possession order is an order from VCAT (the Victorian Civil and Administrative Tribunal) that says the renters must leave the property by a set date. You apply for it online through myVCAT. This guide walks you through each screen.

If you created your notice to vacate inside myVCAT, don't use this guide. The steps are different. Contact us and we'll point you in the right direction.

When to apply

You can only apply after the termination date on your notice to vacate, and you must apply no later than 30 days after the termination date.

For example, if the termination date on your notice is 17 October, you can apply from 18 October, and the last day to apply is 16 November.

If more than 30 days have passed since the termination date, contact us before you do anything else.

Before you start: what you'll need

Have everything below ready before you start. You'll be asked for these details as you go, and the application is much easier if you have them in front of you.

We'll email you these:

The termination date on your notice to vacate. This is the date the renters had to leave by.
The date the notice was given to the renters, and how it was given (for example, by email).
A copy of your notice to vacate, and the email it was sent with. This is your proof of how the notice was given.
A copy of your rental agreement, and the date it started.
Each renter's full name (as it appears on the rental agreement), phone number and email address.
Your rent ledger, which shows the date rent is paid up to and any part payment.

You'll need to have these yourself:

Your RTBA bond receipt and bond number. You can find these in RTBA Online.
The number of notices to vacate for unpaid rent you've given these renters in the last 12 months, including this one. We can tell you how many were created through Cubbi.
The details of anyone else named as a rental provider (owner) on the rental agreement.
A Visa or Mastercard to pay VCAT's application fee.

Save the rental agreement and the notice to vacate (with the email it was sent with) on your computer as files, ready to upload.

Step 1: Log in to myVCAT

Go to my.vcat.vic.gov.au and log in. If you don't have an account, create one first.

Don't use VCAT's old Residential Tenancies Hub. It no longer accepts new applications.

Step 2: Open Home Rental Notices and Applications

On the myVCAT home page, find the Home Rental Notices and Applications box and click Get started.

Step 3: Click Start an application

On the Home Rentals page, go to the What you can do box on the right. Under Start a new Home Rentals application, click Start an application.

Don't click Create a notice. That creates a brand new notice to vacate. You already have a notice, and giving the renters a new one would start a new notice period and delay your application.

Step 4: Choose the type of application

On the What type of application do you want to create page, select:

What type of property is this rental? House, unit or apartment
Who are you? Rental provider
What is this application about? Possession - after giving a notice to vacate

Then click Continue.

Tip: type "possession" into the dropdown to find the option quickly.

Step 5: Enter your notice details

The top of this page lists what you'll need. Then answer these questions:

Did you create the notice in your portal account? No
Reason for notice: 91ZM - Non-payment of rent
What is the termination date in the notice to vacate? Enter the termination date on your notice. This is the date the renters had to leave by. It is not the date you sent the notice.

Then click Continue.

If myVCAT doesn't let you continue, your application may be outside the time limit. Contact us before going any further.

Step 6: Enter your details (rental provider)

Is this rental property managed by a real estate agency or other representative? No. If you manage the property yourself using Cubbi, select No. (If your property is managed by Cubbi, this article is not for you).
Type of rental provider: Individual, unless you own the property through a company or trust.
Enter your name, phone number and email address.
If anyone else is named as a rental provider (owner) on the rental agreement, click Add another Rental provider and add their details too.

Then click Next.

Step 7: Enter the renters' details

Add every renter named on the rental agreement, with their names exactly as they appear on the agreement.

Enter each renter's phone number, and their email address if the form asks for it. VCAT uses these details to contact the renters about the hearing.

If any of the renters named on the rental agreement have since moved out, contact us before you continue.

Step 8: Enter the rent details

Use the details we email you, and your rental agreement:

Property address: the address of the rental property.
When did the rental agreement begin? The start date on your current rental agreement. If the lease has been renewed, this is the start date of the latest agreement.
How much is the rent? The current rent, and how often it's paid (per week, fortnight or calendar month).
What date is the rent paid up to? This is on your rent ledger.
Is there any part payment of rent? Any amount paid towards the next rent period. This is also on your rent ledger.
How many valid notices to vacate for non-payment of rent have been given? The number of notices for unpaid rent you've given these renters in the last 12 months, including this one.
Was the bond lodged with RTBA? Select Yes if the RTBA holds your bond (which should be the case). You can check this in RTBA Online.

Step 9: Explain why you're applying

You'll be asked to tell VCAT why you're applying and what outcome you're after. Keep it short and factual. You can copy this and fill in the gaps:

The renters have not paid rent as required. Rent is paid up to [date rent is paid up to], with $[amount] paid towards the next rent period. I gave the renters a notice to vacate for non-payment of rent (section 91ZM) on [date the notice was given], with a termination date of [termination date]. The renters have not paid the rent owing or moved out. I am asking VCAT for a possession order.

Step 10: Upload your documents

Rental agreement: upload your signed rental agreement.
Proof of how you served the notice to vacate: upload the notice to vacate and the email you sent it with.

If you don't have these files, contact us and we'll send them to you.

Step 11: Check, submit and pay

Check every answer carefully before you submit. Pay special attention to the termination date, the rental agreement start date and the renters' details.
Read and tick the acknowledgements, then submit your application.
Pay the application fee by Visa or Mastercard. VCAT shows the current fee when you apply, and fees change every 1 July.
Save the copy of your application (a PDF). It shows your case number, which starts with RT.
Send us a copy too, so we can help you with the next steps.

After you apply

Send a copy of your application to every renter. VCAT requires you to share your application with the renters. Email it to each of them, and keep the email as proof you sent it.
Fixing a mistake: email VCAT at renting@courts.vic.gov.au with your case number in the subject line, and list the corrections. Copy in the renters, as VCAT requires you to share any correspondence with them.
Evidence: VCAT will email you an evidence link. Use it to upload any extra evidence at least 3 days before the hearing, such as your latest rent ledger (ask us for an updated copy) and your emails with the renters. You must also email the same evidence to the renters, with each file attached separately (no links or zip files), and upload proof you sent it.
The hearing: VCAT will tell you the hearing date. If the renters pay everything they owe before the hearing, VCAT may dismiss the application and the tenancy will continue.
If the renters still don't leave: once the date in the possession order has passed, you can ask VCAT for a warrant of possession (within 6 months of the order). Only Victoria Police can carry out an eviction. Don't change the locks, remove the renters' belongings or try to remove the renters yourself.

Once the renters have moved out

End the tenancy in Cubbi Enter the date the renters moved out and returned the keys to you into Cubbi. The balance of rent owing will show on the screen and a notification will be sent to you and the renters. See option 1
Claim the bond through RTBA Online within 14 days of the tenancy ending. At least 3 business days before you lodge the claim, give each renter your evidence (for unpaid rent, that's your rent ledger). The renters then have 14 days to accept the claim. If they don't, you can apply to Rental Dispute Resolution Victoria (RDRV).
Rent owing above the bond can be claimed as compensation through RDRV.

Need help?

VCAT can help with questions about the application process on 1300 01 8228, but it can't give legal advice. For questions about your rights and obligations, contact Consumer Affairs Victoria on 1300 55 81 81 or get legal advice.

Useful links:

This guide is general information, not legal advice. VCAT may update the myVCAT screens, so they may look slightly different from the images above.