Going to VCAT over unpaid rent: what to prepare as a landlord

Last checked against official sources on 2 October 2026

A notice to vacate does not by itself end a tenancy. If the renter doesn’t pay or leave, the next step is VCAT. Here is what that step involves and how to be ready for it.

Where VCAT fits in

After a notice to vacate for unpaid rent, the renter can pay what is owed by the date in the notice. If they don’t, the rental provider can apply to VCAT for a possession order. Don’t try to remove the renter or change the locks yourself. Possession goes through VCAT.

What VCAT can decide

• Make a possession order, which ends the tenancy and says when you can get possession.
• In special circumstances, allow the renter to pay under a payment plan instead.

If the renter pays as agreed under a payment plan, the possession order is dismissed and the rental agreement continues. If you apply, the hearing is where VCAT looks at what was owed and when, so your records matter. This guide gives general information and doesn’t cover every kind of VCAT application. VCAT’s own pages and a lawyer are the place to check what applies to you.

Records worth having ready

• The rental agreement and the amount and frequency of rent.
• A clear rent ledger: what was due, what was paid and when, and the balance on the day you gave notice.
• A copy of the notice to vacate you gave, and proof of when and how it was given (hand, registered post, or email if the renter had consented).
• Evidence that the renter consented to email, if you used email.
• Your messages with the renter about the rent, with dates, including any payment offers.
• Any payments received after the notice, and the receipts you issued.

Number the pages and make sure the text is easy to read. VCAT says it wants evidence at least 3 days before the hearing and that parties must share their evidence with each other. Tenants Victoria’s guide to VCAT gives the renter’s side of the same process, which is useful to understand.

Common ways a case goes wrong

• The notice was given before the renter owed 14 days’ rent, or the dates were counted wrongly.
• There is no proof of how or when the notice was given.
• Email was used without the consent of every renter.
• The ledger can’t be explained, or part payments were not recorded.

How VicPropGuard helps

VicPropGuard keeps a dated rent ledger with corrections added rather than erased, works out the days overdue, prepares the details sheet for the official form, and records how and when a notice was served and whether email consent was on file. That gives you the records above in one place. It doesn’t apply to VCAT for you. Request early access.

General information only, not legal advice. Rules change, so confirm the current requirements with Consumer Affairs Victoria or a lawyer before you act.