The Law Handbook 2024

518 Section 6: Houses, communities and the road It is important that renters apply for a review before they are evicted, as once the warrant of possession has been executed, the rental agreement is terminated and VCAT has no jurisdiction to reinstate the rental agreement (see Re Cokyavuz [2016] VSC 370 (28 June 2016)). If a warrant is about to be executed, the renter should immediately lodge the application for the review and notify the police in charge of the execution of the warrants. It is important to supply evidence indicating that a review application has been made. VCAT will generally assist to ensure a warrant is stayed and cannot be executed until the matter is reheard. However, it is important to communicate the urgency of the matter to both VCAT and the police. If police officers attend the rental premises after a review has been lodged, ensure the police officers make reasonable effort to contact VCAT to confirm this. Parties (not renters or parties to a possession order) may also apply to reopen a matter if they can successfully argue that they are ‘a person in respect of whom an order is made’ (s 120 RT Act). This may be relevant for renters who are sub-renters, and possession orders have been made against their head renter (s 91R; see also s 91G). This may also be relevant for rooming house residents who have been told that a possession order has been made against their rooming house operator (s 142ZO). It may also be relevant for the creation of new tenancy agreements where family violence is involved (s 91V). Warrant of possession Once a possession order has been made, the rental provider may apply to VCAT’s principal registrar for a warrant of possession. The rental provider must apply within six months of the date the possession order was made (s 351 RT Act). The warrant of possession is signed by VCAT’s principal registrar and sent to the police. The warrant authorises police officers to enter the rented premises and remove anybody occupying the premises (using force if necessary) (s 355(1)–(2) RT Act). The warrant does not allow police officers to remove goods from the premises (s 355(3)). A warrant must not be executed before 8 am, after 6 pm, or on a Sunday or public holiday (s 355(4)). The warrant is valid for a specified length of time after it is issued. This is usually 14 days, but VCAT can order that it remain valid for up to 30 days or be extended in certain circumstances (s 351(4)). If contacted, the VCAT registry can advise the renter or renter’s representative if and when a warrant has been requested or issued. If the warrant has been issued, the renter should contact their local police station to inform them of the date they will be leaving the premises or to seek a delay in the warrant’s execution. While police officers can legally act on a warrant on the day that they receive it, they may hold off until the renter has moved out. It is important that the renter remove their goods from the premises before the locks are changed or take photos of any goods left behind. This minimises the risk of the renter’s goods being lost or damaged. If a warrant of possession is executed before a renter can move out, the rental provider has obligations regarding the renter’s goods (see ‘Aban­ doned goods’, below). Recovering bond money There have been significant changes to the process that renters go through to get their bond back. Renters do not have to wait for the rental provider, or agent, to prepare a claim form, and they do not need their agreement. Renters can make their own claim directly to the RTBA. It is anticipated that by 2024, renters will be able to lodge their bond contributions directly with the RTBA. This is an important step in automating bond recovery as much as possible and reducing the risk of bonds being scammed or defrauded. Claims made to the RTBA The RTBA accepts three types of claims, which are those made by the: • renter; • renter and rental provider (or their agent), jointly; or • rental provider or their agent (s 411(1) RT Act). Renter claims A renter can make a claim to the RTBA as soon as their rental agreement has finished and they have returned the keys (s 411(3) RT Act).