Paid by termination
For the first four arrears notices in the relevant 12-month period, paying all arrears by the termination date makes the notice ineffective. Keep receipt evidence. Attend any listed hearing unless VCAT confirms cancellation.
RENTER RIGHTS GUIDE / VICTORIA
Rent arrears NTV: can I challenge eviction?
Understand disputed arrears, repayment protection and alternatives to possession under Victorian tenancy law.
An NTV is not an eviction warrant; a provider cannot forcibly evict you themselves.
01 / TODAY
Reconcile the debt and preserve payment records.
- Request the rental ledger. Compare the lease, due dates, transfers and receipts. Separate overdue rent from rent not yet due, missing credits and other charges. Put disputed entries and reasons in writing.
- Check the NTV. For general residential tenancies, the arrears threshold is at least 14 days’ rent, and the notice period is at least 14 days. Check arrears when issued, service, termination date and earlier arrears notices in the relevant 12-month period.
- Pay promptly where possible and retain proof. Ask for an updated balance and written acknowledgement. If full payment is not possible, propose affordable instalments alongside ongoing rent.
Sources: Victoria Legal Aid: overdue rent; CAV: rent arrears.
02 / YOUR CIRCUMSTANCES
Payment timing and notice history matter.
Prepare for the hearing
The date passing does not mean immediate eviction. CAV states that for the first four notices, VCAT will dismiss the arrears possession application if arrears are paid by the hearing. Check the precise application and any other grounds.
Payment is not automatic protection
Different rules apply. VCAT need not dismiss solely because a payment plan is possible. Attend with validity arguments, payment records, sustainable income evidence and proportionality submissions. Have an adviser check the statutory period and notice count.
See CAV: arrears possession orders and Tenants Victoria: notice history.
03 / IF YOU CANNOT PAY IN FULL
Make the repayment proposal credible.
RTA s 331 can involve adjournment, repayment arrangements and financial counselling. Availability depends on the notice history and case. Show how arrears and ongoing rent can both be paid. Neither private agreement nor VCAT approval is guaranteed.
Documents to prepare
Prepared 0 / 5 items
Illustrative negotiation wording
Use accurate facts and identify disputed amounts separately.
“I calculate arrears of $[amount] as at [date], subject to checking [entry]. I propose $[amount] on [date], then $[amount] every [period] in addition to current rent, clearing arrears by [date]. My budget and payment evidence are attached. Please reply in writing and confirm the updated balance.”
Specify current rent and arrears instalments separately. Do not promise unaffordable amounts.
Dear Landlord: repayment and assistance tools ↗Legal framework: RTA ss 91ZM, 330, 330A, 331. Current legislation; VLA: hearing outcomes.
04 / A HEARING IS LISTED
Deal with the hearing even after payment.
File and serve as VCAT directs. Identify the orders you seek: dismissal, assessment of arrears or an available repayment arrangement. Support proportionality arguments with evidence of relocation impacts and workable alternatives. The home-page case analysis explains this approach; it does not replace the arrears provisions.
A PO already exists? Payment does not automatically cancel it.
If the hearing happened in your absence, read the missed-hearing guide → immediately. If you attended, seek advice about an appropriate remedy; reopening is not an automatic second attempt.
Do not unilaterally withhold rent over repairs or compensation, or treat the bond as rent; get advice first. An NTV does not authorise a provider to lock you out.
05 / SUPPORT
Get specialist help
A tenancy service can assess which application or defence fits your circumstances.