The Law Handbook 2024

500 Section 6: Houses, communities and the road Family violence Previously, applicants seeking to end a fixed-term rental agreement because of family violence had to have a final intervention order if they wanted to create a new rental agreement in their name (and exclude the perpetrator of family violence from the rental agreement). Since the April 2020 amendments came into force, a final intervention order is not required for applications to create new rental agreements or to terminate existing rental agreements because of family violence. Instead, proof is required that the applicant is being subject to family violence that is being committed by a person who is a party to the rental agreement (s 91V(2) RT Act). In relation to considering if family violence has occurred for the purposes of a section 91V application, VCAT must consider the evidence (s 91W(3)). Nonetheless, it is still recommended that family violence victim-survivors obtain an intervention order with an exclusion clause or at least ensure they have sought advice about family violence intervention orders. Listing time for family violence applications Most importantly, these applications must now be listed by VCAT within three business days (s 91V(7) RT Act). This is much faster than the typical two- to three-week wait for an application to be listed for an ordinary termination or reduction of a fixed-term rental agreement. Keeping the keys If a renter is seeking to end a rental agreement under the family violence provisions, or create a new rental agreement, they must retain the keys until an order is made. Generally, VCAT cannot make an order if the keys have been returned. What the application must establish If the applicant is seeking to terminate the existing rental agreement, they must establish the following (s 91W(1B) RT Act): • they or their children would be likely to suffer severe hardship if the rental agreement was not terminated; • their hardship would be greater than the rental provider’s hardship if VCAT made the order; • the order sought is reasonable, given the length of the exclusion under any final family violence intervention order (if any) and the length of the existing rental agreement; and • the order sought is reasonable, given the interests of any other renters (other than the excluded renter) under the existing rental agreement. Also, if any other renters support the application. If an applicant is seeking to create a new rental agreement (effectively removing the perpetrator renter), they must establish the following (s 91W(2) RT Act): • they could reasonably be expected to comply with a renter’s duties; • they or their children would be likely to suffer severe hardship if they were compelled to leave the premises; • their hardship would be greater than the rental provider’s hardship if VCAT made the order; • the order sought is reasonable, given the length of the exclusion under any final family violence intervention order (if any) and the length of the existing rental agreement; and • the order sought is reasonable, given the interests of any other renters (other than the excluded renter) under the existing rental agreement. They must also establish whether any other renters support the application. Rental provider’s compensation A rental provider is not entitled to any compensation as a result of the early termination of a rental agreement under section 91W of the RT Act (s 91X(2)). Support for family violence applicants at VCAT VCAT has a dedicated family violence support worker and a dedicated Koori engagement team. These are important supports to help family violence matters run as smoothly as possible. Consideration should also be given to the use of remote witness facilities (see also section 91Y of the RT Act, regarding the cross-examination of the applicant by the perpetrator and to other security or support arrangements).