This example shows how to fill in the Claim details section of the VCAT application if you want to end the current lease and start a new lease so the affected person can stay.
This application can be made for both fixed-term and periodic leases.
Tick the boxes
Tick the box for Section 233A – to ask VCAT to end the existing tenancy, and create a new tenancy.
Tick the box for Section 233C – if there is any unpaid rent, bills or damage to the property and you want VCAT to decide who pays.
Tick the box for Other orders – if you want VCAT to order anything else. Then write the details in the box below. Examples include:
- order about the bond
- order about damage to property
- order that if there is an inspection of the property and the perpetrator has someone represent them at the inspection, they must provide the name of their representative to the affected person
Write the details
Write as much detail as possible. Attach a separate sheet if you need more room. These are some things you should include:
- lease type (fixed term or periodic)
- lease start and end dates
- intervention order details (including any previous intervention orders or personal safety notices) and whether the intervention order is being appealed by the perpetrator
- how long the affected person has been living in the rental property
- hardship the affected person and dependent children would be likely to face if they had to move. For example: connection to the local area (schools or support services); financial hardship.
- why the affected person could reasonably be expected to meet the obligations as a tenant. For example: ability to pay rent; good rental history.
- amount and details of liability that the affected person would like VCAT to decide on. For example: rent arrears; unpaid bills; damage to the rental property caused by the perpetrator (excluded person). Explain why you think that the perpetrator should be responsible for this.
This information is a guide only and should not be used as a substitute for professional legal advice.
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