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When it is coming to the end of the tenancy lease and you want to take back your property, you give the tenant sixty days’ notice to vacate. Every now and then, you reach the sixty days and your tenant has not been able to secure another home and cannot move out of the property. So where does this leave you and what steps do you need to follow to get your property back?

When a property falls into dispute like this, it is best to play everything by the book. The first thing that needs to happen, is your property manager will need to immediately organise a hearing at VCAT on the day the notice to vacate has lapsed. Understand that when you go to the tribunal to resolve a dispute, the tribunal member will in most cases make the decision in favour of who the situation is more detrimental. So, knowing this, you are always better to have a back up plan if you’re planning on taking the property back for yourself.

If the favour is given against you, it doesn’t mean that the tenant can stay at your property indefinitely. All they’ve done is bought themselves some extra time to find another property to move too. The tribunal member will determine a date when the property must be vacated and if it is not, the tenant is trespassing on private property and the police must escort them out.

It’s a messy situation all round and being prepared for the worst from the beginning is the best thing you can do. Try to work dates a little ahead and make sure notices to vacate do not fall in short distance of seasonal times of the year. Common sense can help lead the way and don’t get disheartened with VCAT hearings, just understand it’s a process.



The following advice is of a general nature and intended as an opinion and broad guide. For all legal, financial or real estate advice you should obtain independent professional advice to do with the specific nature of your circumstances before making any legal, financial or real estate decisions.

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