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, 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-

   (i)  the landlord, rooming house owner, caravan park owner, caravan owner,
        site owner, person entitled to give a notice to vacate under section
        289A 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   (ii) the notice has not been withdrawn; and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, resident or site tenant, that the
        landlord, rooming house owner, caravan park owner, caravan owner or
        site 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, site owner, person entitled to give a notice to vacate under
        section 289A or mortgagee has complied with section 72 of the
        Victorian Civil and Administrative Tribunal Act 1998; and

   (d)  that the tenant, 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.

(2) If an application for a possession order is made under section 322(3),
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.