VIC: Residential Tenancies Act Section 331 Order to be dismissed or adjourned in certain circumstanc

Order to be dismissed or adjourned in certain circumstances (1) Subject to subsection (4), the Tribunal may dismiss or adjourn an application for a possession order if—

(a) the application is supported with—

(i) in the case of rented premises, a notice to vacate given under section 91ZM; or

(ii) in the case of a rooming house, a notice to vacate given under section 142ZF; or

(iii) in the case of a caravan or site, a notice to vacate given under section 206AU or 206AV; or

(iv) in the case of a Part 4A site, a notice to vacate given under section 317ZB in respect of successive breaches by the site tenant of the duty to pay rent; and

(b) the Tribunal considers that satisfactory arrangements have been or can be made to avoid financial loss to the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner (as the case may be).

(1A) For the purposes of subsection (1)(b), the Tribunal may adjourn the application and— (a) refer the renter to a financial counselling service or other prescribed services; and

(b) require the service to conduct an assessment of the person's ability to enter into and comply with a payment plan in relation to any outstanding arrears of rent. (1B) The Tribunal may require the financial counselling service or other prescribed service to provide a report to the Tribunal on the assessment of the ability of the renter to enter into and comply with a payment plan. (1C) A report under subsection (1B)—

(a) may be made orally or in writing; and

(b) must be made within the time required by the Tribunal.

(2) An adjournment may be on any terms the Tribunal thinks fit, including an order that the renter undergoes an assessment and enters into and complies with a payment plan for the payment of any arrears of rent. (3) On the resumption of an adjourned hearing, the Tribunal— (a) may make a possession order if the renter or site tenant has continued to accrue arrears of rent during the adjournment period; and (b) must dismiss the application if the renter or site tenant—

(i) has paid all the arrears which were the subject of the original application; and

(ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing.

(4) The Tribunal must dismiss an application for a possession order which is supported with a notice to vacate given under section 91ZM if—

(a) the arrears of rent have been paid by the renter after the renter was given the notice to vacate but before the termination date specified in the notice; and

(b) the notice to vacate is the first, second, third or fourth notice to vacate under section 91ZM given to the renter within a period of 12 months.