⌂ Tenant GuideTENANT / VICTORIA

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← All case studies

CASE STUDY / VICTORIA

VCAT · Private rental arrears possession

YPG v GMK

[2026] VCAT 457

The third NTV was invalid, but the application proceeded on the second. After adjournments and a payment plan, VCAT made the PO on 19 June 2026.

GENERAL LEGAL INFORMATION · CHECKED 9 NOV 2026

OutcomePO granted; 477 days after the first NTV
RESEARCH SCOPE

The supplied 14-page AustLII printout was read and checked against JADE text. Dates and findings appear at paragraphs 7–31, 62–76 and 96–109. Pseudonyms are retained; later appeal or enforcement outcomes were not checked.

01 / TIMELINE

Timeline

Verified procedural milestones. Dates of applications, hearings and published decisions are distinguished; an event is not necessarily a hearing.

  1. 2025-02-27

    First arrears NTVBackground / application
  2. 2025-03-13

    Second NTVBackground / application
  3. 2025-03-22

    Third NTV; later found invalidBackground / application
  4. 2025-04-07

    Provider applies for possessionBackground / application
  5. 2025-05-30 → 2025-08-25

    Several adjournment ordersBackground / application
  6. 2025-09-04

    Second notice upheld; payment plan ordered ↗Hearing / order node
  7. 2025-10-13

    Renewal dismissed; plan affirmed ↗Hearing / order node
  8. 2026-02-05

    Final hearing; further evidence invited ↗Hearing / order node
  9. 2026-06-19

    PO and written reasons made ↗Hearing / order node
  10. 2026-07-19

    Ordered vacate dateBackground / application

02 / WHAT WAS DECIDED, AND WHY

Hearings & orders

Unknown details are marked. Background descriptions and statutory frameworks are not presented as verified reasons for an unavailable order.

2025-09-04

Second notice upheld; payment plan ordered

Result / procedural step
No PO at this stage; ongoing rent payments and efforts to secure funds required.
Legal basis / recorded reason
RTA s 331; paragraphs 13–15, 24. The plan did not then require additional arrears instalments.

Source:YPG v GMK [2026] VCAT 457: supplied judgment PDF ↗

2025-10-13

Renewal dismissed; plan affirmed

Result / procedural step
The first ongoing payment had been made; the plan continued despite no extra arrears payment.
Legal basis / recorded reason
Paragraphs 16, 24–25 distinguish ongoing rent from additional arrears payments.

Source:YPG v GMK [2026] VCAT 457: supplied judgment PDF ↗

2026-02-05

Final hearing; further evidence invited

Result / procedural step
Further material about impacts, payment capacity and related matters invited; decision reserved from 1 March.
Legal basis / recorded reason
RTA s 330A; paragraphs 18–21. Neither the hearing nor reservation date is the PO date.

Source:YPG v GMK [2026] VCAT 457: supplied judgment PDF ↗

2026-06-19

PO and written reasons made

Result / procedural step
477 days after the first NTV; 463 after the operative second notice.
Legal basis / recorded reason
RTA ss 91ZM, 331(3), 330A, 333; paragraphs 23–33, 96–109. Assessment included ongoing non-payment, unavailable alternatives and impacts on both parties.

Source:YPG v GMK [2026] VCAT 457: supplied judgment PDF ↗

03 / PRACTICAL LESSONS

Lessons for renters

The suggestions below are this guide’s application of the material, not additional court findings or personalised legal advice.

01

Separate each NTV

Invalidity of the third notice did not invalidate the second; identify the notice actually relied on.

02

Read the payment order precisely

Compare the actual payment obligations with receipts rather than assuming extra arrears instalments were required.

03

Evidence impacts and alternatives

Provide concrete material on hardship, safety, income, funding and repair issues.

04

Separate hearing, PO and vacate dates

The hearing was in February, the PO in June and the deadline in July; the PO interval ends on 19 June.

Limits on using this case

477 days is the observed interval in this case. The invalid third notice did not end the whole application. No later actual departure is inferred.

04 / SOURCES & READING

Sources & limits

Check full reasons, original orders, subsequent history and current law before relying on an individual proposition. VCAT decisions generally do not bind other members.

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