Renters
Accountability
Strategy

Renters are responsible for their actions during the tenancy and are held accountable to rectify the issue. This is our proven strategy helping landlords succeed during the tenancy.

Responsibility & Accountability

Evidence

Before any action can be taken against a renter, evidence must be collected. This can include complaints from neighbours, first hand evidence, photos, physical evidence or police documentation. Evidence must contain the date and time incidents occurred to ensure credability.

Breach

A breach of duty is issued when renters have breached "a" duty of the Residential Tenancy Act. A breach can come in 2 forms. More is explained below.

Renters have 14 days to rectify a breach of duty. Failure to rectify may have significant ramifications to their tenancy.

Notice of Repair

A notice of repair is issued to renters when fault has been determined beyond reasonable doubt. The renter is given 14 days to rectify the matter to a tradesman like standard. Failure to comply may result in application made to VCAT seeking legal order requiring you to fix the damaged item.

VCAT

VCAT have the power to legally order renters to comply with breach of duty or notices of repair. Evidence is reviewed and Compliance orders issued. Failure to comply with a VCAT order may see the Member issue the landlord a Possession order granting the landlord rights to evict the renter.

Breach of Duty #1

This section covers the VCAT preferred model of handling breaches of duty during a tenancy.

It's called the "One Strike Rule".

An issue is identified during the tenancy and the landlord immediately issues a "Breach of Duty" notice to the renter.

Currently, VCAT allow breaches of duty to be issued under the following Sections of the Residential Tenancy Act

Serving & Timelines

Ensuring proper service to your renter is essential. The following timeline must be followed in order to be valid:

Renter sent breach of duty and are given 14 days to rectify the issue once breach is received
VCAT mandate registered post and E-Mail take 7 days to be delivered to renter
Breach does not commence until renter receives Breach of Duty
This notice is called the 21 day breach (7 days postage + 14 days to rectify)

Example:

Renter plays loud music over the weekend and disturb the neighbours who complain first thing Monday morning. The renter is issued a breach of duty under Section 60(2) Disturbance of the peace. This notice is not considered served or received on the renter until 7 days after it's sent. Any "disturbance" that occurs during the first 7 days cannot be used as evidence against the renter. Once received or 7 days have passed, the renter is required to rectify their behaviour. Any disturbance of the same issue from days 8-14 can be used as evidence against the renter. The 7 days service period doesn't apply if the renter acknowledges the breach during days 1-7 thus, the rectification period begins when the renter acknowledges the breach of duty.

Compliance Orders

If the renter fails to rectify the issue stated on the breach, the landlord may apply to VCAT for a compliance Order. VCAT prefer this method as it deals then and there with the issue. VCAT look at all evidence and in most cases issue a Compliance Order against the renter. A Compliance Order legally instructs the renter to comply with the landlords request. Failure to comply allows the landlord to apply to VCAT again to seek a Possession Order which grants the landlord exclusive rights to evict the renter.

Compliance Order Validity

Compliance orders last the entire length of the tenancy and never end. The renter is bound by the Order and a landlord may apply to VCAT seeking Possession Orders based on the fact the renter has not complied with the original Order..

Breach of Duty #2

This section covers successive breaches of duty issued to a renter, 3 times during the tenancy for exactly the same reason & section of the Act. IF multiple breaches are issued and are not of the same section of the Act, this process cannot be followed.

Breach 1 - issued and renter fails to rectify - no VCAT application made
Breach 2 - issued for same reason as breach 1 and renter fails to rectify - no VCAT application made
Breach 3 - Notice to Vacate (3rd breach) issued under Section 91ZP for 3 breaches issued to renter for the same reasons

The renter is given a termination date to vacate the property as they have not complied with 3 breaches of duty. If the renter fails to vacate, application is made to VCAT after the termination date when Possession is sought from VCAT. In some cases, VCAT decline Possession being granted and instead issue a Compliance Order (see breach#1). If Compliance issued and the renter failed to comply with the Order, Possession would be sought a 2nd time.

This process works only if all breaches of duty are issued under the same section of the Act and the evidence is the same across all 3 breaches. Failure to comply with this requirement will see the VCAT application dismissed.

Renters Accountability Strategy