VIC, Australia - tenant eviction question

Hi
My PM has just issued a notice to vacate because the tenant is > 14 days in arrears. A VCAT date has been set.
Tenant has been very erratic with rent, and I want him out.
After receiving the notice, the tenant has now coughed up enough to be only partly in arrears. I still want him out though. It's a month-to-month tenancy.
Assuming tenant contests, will VCAT look favourably on the tenant since he has part paid? Or will VCAT side with me since I took action when he was 6 weeks behind?
Or would I do better to postpone the VCAT hearing, and give the tenant 60 days notice (I want to move back in)?
Any thoughts appreciated.
Cheers,
Scaramanga
 
Since you have a VCAT date already, might as well try. Though VCAT sides tenants more but you never know, it depends on the member and if the tenant is present.

If VCAT fails, give 60 days notice or something.
 
If you go to VCAT dress like a bum and cry poor. Trust me it works.

VCAT is slanted so far in favour of tenants it's not funny.

Serve the tenant notice and get someone decent in who will pay you on time.
 
As long as the tenants are 14 days or more in arrears you still should be awarded possession of the property, the PM should take along the tenants ledger to show that the payments have been eratic. If the tenant is less than 14 days in arrears the PM will probably have to ask for an adjornement. If you definately want the tenant out probably quicker to give 60 days notice owner to occupy if you are going to occupy the property.
 
Top