Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 330A

For the purposes of determining whether it is reasonable and proportionate to make a possession order, the Tribunal must have regard to the following—

        (a)     the nature, frequency and duration of the conduct of the renter, resident or site tenant which led to the notice to vacate being given, including whether the conduct is a recurring breach of obligations under a residential rental agreement, residency right or site agreement;

        (b)     whether the breach is trivial;

        (c)     whether the breach was caused by the conduct of any person other than the renter, resident or site tenant;

        (d)     whether the renter, resident or site tenant has made an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order and—

              (i)     if an application has been made, whether a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order has been made and whether the notice or order is still in force; and

              (ii)     if a notice or order was made, whether it included an exclusion condition; and

              (iii)     any other matter in relation to family violence or personal violence the Tribunal considers relevant;

        (e)     whether the breach has been remedied as far as is practicable;

        (f)     whether the renter, resident or site tenant has, or will soon have, capacity to remedy the breach and comply with any obligations under the residential rental agreement, residency right or site agreement, as the case requires;

        (g)     the effect of the conduct of the renter, resident or site tenant on others as a renter, resident or site tenant;

S. 330A(ga) inserted by No. 40/2022 s. 5.

        (ga)     in the case of an application referred to in section 322A, any community impact statement provided by Homes Victoria;

        (h)     whether any other order or course of action is reasonably available instead of making a possession order;

              (i)     as the case requires, the behaviour of the residential rental provider, the provider's agent, the rooming house operator, the caravan park owner, the caravan owner or the site owner;

        (j)     any other matter the Tribunal considers relevant.