Removing a tenant for breach of lease in Victoria is a specific legal process governed by the Residential Tenancies Act 1997, and requires adherence to strict guidelines. As of December 2025, it’s a process that can add complexity to a property sale.
Currently in Melbourne, if a tenant breaches their lease – for example, through rent arrears or property damage – a Notice to Vacate must be served. This notice must detail the breach and provide a timeframe for remedy. If the breach isn’t rectified, an application must be made to the Victorian Civil and Administrative Tribunal (VCAT). VCAT will then determine if eviction is warranted. This process can take several weeks, potentially impacting a planned sales campaign. Sellers considering selling a tenanted property in 2026 should be aware that prospective buyers will factor in the tenancy agreement and any ongoing VCAT proceedings. In the Eastern Suburbs, where family homes are in high demand, buyers often favour properties with vacant possession, potentially influencing offers. Preparing for a potential VCAT application, including gathering evidence of the breach, is crucial. Fletchers’ experience across Melbourne demonstrates that transparency with potential buyers regarding the tenancy is key to a smooth sale.
Successfully navigating a breach of lease and potential eviction requires a thorough understanding of Victorian legislation and can significantly affect the timing and outcome of a property sale.