Victorian Current Acts Victorian Current ActsS. 330(1) amended by Nos 67/2010 ss 29(1)(a), 81(b)(i), 45/2018 s. 244(1)(a).
(1) The Tribunal must make a possession order requiring a renter, resident or site tenant to vacate rented premises, a room and rooming house or a building, a site or a caravan on the day specified in the order if the Tribunal is satisfied—
(a) in the case of an application where notice to vacate has been given, that—
S. 330(1)(a)(i) amended by Nos 67/2010 ss 29(1)(b), 81(b)(ii), 45/2018 ss 244(1)(b), 240A(Sch. 1 item 12) (as amended by No. 47/2019 ss 83, 90).
(i) the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner, person entitled to give a notice to vacate under section 142ZO or mortgagee was entitled to give the notice; and
(ii) the notice has not been withdrawn; and
S. 330(1)(b) amended by Nos 67/2010 s. 29(1)(a)(c), 45/2018 s. 244(1)(b)(c).
(b) in the case of an application where a notice of intention to vacate has been given by a renter, resident or site tenant, that the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner acted reasonably by relying on the notice of intention to vacate; and
S. 330(1)(c) amended by Nos 101/1998 s. 32, 67/2010 ss 29(1)(b), 81(b)(iii), 45/2018 ss 244(1)(b), 240A(Sch. 1 item 12) (as amended by No. 47/2019 ss 83, 90).
(c) that the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner, person entitled to give a notice to vacate under section 142ZO or mortgagee has complied with section 72 of the Victorian Civil and Administrative Tribunal Act 1998 ; and
S. 330(1)(d) amended by Nos 67/2010 ss 29(1)(a), 81(b)(iv), 57/2013 s. 16(a), 45/2018 s. 244(1)(d).
(d) that the renter, resident or site tenant is still in possession of the rented premises, room, building, site or caravan after the termination date specified in the notice to vacate or notice of intention to vacate; and
S. 330(1)(e) inserted by No. 57/2013 s. 16(b), amended by No. 45/2018 ss 244(2), 240A(Sch. 1 item 12) (as amended by No. 47/2019 ss 83, 90).
(e) that any resident who is entitled to a period of notice under section 142ZO has been given the required notice; and
S. 330(1)(f) inserted by No. 45/2018 s. 244(3).
(f) that in the circumstances of the particular application, it is reasonable and proportionate having regard to section 330A, to make a possession order taking into account the interests of, and the impact on, each of the following in making the possession order—
(i) the residential rental provider, rooming house operator, caravan park owner, site owner or mortgagee, as the case requires;
(ii) the renter, resident or site tenant;
(iii) any co-tenants or co-site tenants or other residents;
(iv) any neighbours or any other person who may be, or who has been affected by, the acts or behaviour of the renter, resident or site tenant to whom the notice to vacate was given.
S. 330(2) substituted by No. 45/2002 s. 81, amended by Nos 67/2010 ss 29(2), 81(c), 40/2022 s. 17(3).
(2) If an application for a possession order is made under section 322(2), 323(b), 323A, 324(3) or 324A(2)—
(a) the application must be heard within 14 days after the application is made; and
(b) the possession order must be made within 7 days of that hearing.
S. 330(3) inserted by No. 45/2018 s. 244(4) (as amended by No. 1/2021 s. 98).
(3) The Tribunal must have regard to any guidelines issued by the Director when determining any application for a possession order which is supported by a notice to vacate under section 91ZJ, 142ZC, 206AR or 207X.
S. 330A inserted by No. 45/2018 s. 245.