Published: November 2021

Breaking news: Update on evictions

Some VCAT possession orders due to COVID-related rent arrears may not be valid

A recent decision made by the Supreme Court of Victoria, Court of Appeal, found that a possession order made by the Victorian Civil and Administrative Tribunal (VCAT) for COVID-related overdue rent was not valid.

If VCAT has made a possession order to evict you because of COVID-related overdue rent, that order may not be valid, if all these circumstances apply:

  • It was made between 29 March 2021 and 25 October 2021
  • You are still living at the property
  • You had overdue rent between 29 March 2020 and 28 March 2021
  • The reason the rent was overdue was for a COVID-19 reason – for example you lost your job or had your income reduced because of COVID-19

If all of these circumstances apply to you, we recommend you contact VCAT immediately as you may be able to stop VCAT from issuing a warrant that could be used to evict you, or ask them to cancel a warrant that may have already been issued.

We have prepared a template email that we recommend you use when contacting VCAT. You can contact VCAT by email at or by phone on 1300 018 228.

Email to VCAT on COVID-19 related eviction

Note: This information is a guide and should not be used as a substitute for professional legal advice.

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