VCAT can make two types of orders at a termination hearing if they decide the tenancy can end:
- termination order – section 549(3), or
- termination order and possession order – section 549(4).
If a Termination Order is made under section 549(3) the order must include a minimum time limit for when the tenancy ends. The time limits vary depending on the reason for the Order. For time limits see: minimum time limits – termination orders section 549(3)
Termination order and possession order
In some exceptional circumstances, there is a risk that VCAT may make both a termination order and a possession order in the same hearing (section 549(4)). If this happens the end (termination) date can be decided by VCAT, and you may not get the minimum time limit.
TIP: If VCAT is going to make a termination order ask that it be made under section 549(3) so you get the minimum time limit for when you need to leave. If VCAT refuses and wants to make a termination order and possession order at the same time (under section 549(4)) you should ask for the hearing to be adjourned (postponed) to allow you to get legal advice.
You are entitled to ask VCAT to give written reasons for any decisions and orders they make. This may be particularly useful if you could not get legal advice before any order was made and you believe VCAT made an error in deciding the application.
Note: If you ask for written reasons, your details and details about the hearing will be included, which can be made public.
Tell us your story
If you had a hearing where VCAT made a termination order and possession order at the same time please tell us your story. Tenants’ stories can help us campaign for better laws for tenants.