Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 330

Order of Tribunal

330. Order of Tribunal



(1) The Tribunal must make a possession order requiring a tenant or resident
to vacate rented premises, a room and rooming house, 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-

   (i)  the landlord, rooming house owner, caravan park owner, caravan owner
        or mortgagee was entitled to give the notice; and

   (ii) the notice has not been withdrawn; and

   (b)  in the case of an application where a notice of intention to vacate
        has been given by a tenant or resident, that the landlord, rooming
        house owner, caravan park owner or caravan owner acted reasonably by
        relying on the notice of intention to vacate; and

   (c)  that the landlord, rooming house owner, caravan park owner, caravan
        owner or mortgagee has complied with section 72 of the
        Victorian Civil and Administrative Tribunal Act 1998; and

   (d)  that the tenant or resident is still in possession of the rented
        premises, room, site or caravan after the termination date specified
        in the notice to vacate or notice of intention to vacate.

(2) If an application for a possession order is made under section 322(3),
323(b) or 324(3)-

   (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.