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What's the New Law Changes Say About Repeated Late or Non-payment of Rent

The current reformed new renting laws provides that the 14-days notice to vacate would be invalidated if the renter pay back all the overdue rent within 14-days notice period. This law will only be applied for the first four times of 14-days notices to vacate within a 12-month period.

According to REIV, “A 12-month period is the first 12 months of a rental agreement, and each subsequent 12-month period of the rental agreement”.

The times of a 'notice to vacate' has been given to a renter will be counted within a 12-month period, and it will be cleared when a 12-month period is complete.

The rental provider could issue the 14-day notice to vacate if the renter has 14 days rent arrears or even more. However, during a 12-month period, if the renter could pay all the overdue rent within 14-day notice period, VCAT must dismiss the application so there is no effect on the renter. This requirement is only applicable when

  1. The first four times notice in a 12-month period,

  2. And the renter has been paid all the overdue rent during notice period.

If a fifth notice has been given to the renter within a 12-month period, the rental provider may apply to VCAT for a possession order. VCAT cannot dismiss this application even the renter paid all overdue rent within the 14-day notice period, and VCAT may issue the order.

If the renter does not pay all the overdue rent during 14-day notice period, the rental provider could apply to VCAT for a possession order. VCAT may issue a possession order or give the renter a payment plan.

Rental provider could get a compensation order for unpaid rent by apply to VCAT if the renter has 14-day overdue rent on the third time immediately, and do not need to waiting until 14 days overdue.

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