Evictions

We will always work with you to find solutions and support you in staying in your home. However, if the same behaviour keeps happening after you've been given warnings, or if you're struggling with rent payments without talking to your tenancy worker, we might need to have a serious discussion about ending your lease.

Ending your lease

Please know that this is always our last option because our main goal is to keep you housed and supported.

If you are asked to leave, we will: 

• Involve any agreed support services and provide all the necessary information. 
• Try to end tenancies in a way that causes the least disruption for the household.
• Consider fairness and the rights of the person when making decisions.
• Give priority to the safety of other tenants and staff if harmful or dangerous behaviour is being exhibited.

Our responsibilities

We will end tenant agreements in a way that follows the rules set out in the Residential Tenancies Act 1997 (RTA) and the Victorian Charter of Human Rights. We will also follow the eviction standards set by the Victorian Housing Registrar.

We believe in open communication and want to make sure you feel heard. Before issuing a Notice to Vacate, we’ll have a conversation with you to explain why it's happening. If you agree, we’ll also talk to your support worker, to make sure you receive the support services you need throughout the process.

Following this, we will:

• Provide a reasonable amount of time for you to respond and explain if you think the eviction should not go ahead.
• Inform you of the information and evidence we have gathered that is being used to support the eviction request.
• Take into consideration any materials or information you provide when making the decision to seek approval for an eviction.

Reasons for issuing a Notice to Vacate

Reasons you may be asked to leave include, but are not limited to:

• Rent arrears: When you owe a lot of rent money and you have not attempted to pay it back.
• Dangerous behaviour: When you do things that could hurt others or yourself.
• Malicious (intentional) damage: When you purposefully damage your home.
• Threatening or intimidating staff: When you make staff members feel scared or bullied.
• Sale of the property: When the place you're renting is being sold to someone else.
• End of the fixed term agreement: When the agreed-upon time for your rental agreement is finished.

If the deadline on the Notice to Vacate passes and you haven’t moved out, we’ll have a chat to you about your plans and ask if there’s any support you may need. If you’re not cooperating, we may ask the Victorian Civil Administrative Tribunal (VCAT) for permission to take back the property.

Your rights

At MCM Housing, we truly care about the rights of our tenants and their households. When we make decisions, such as evictions, we always think about how it might impact your rights under the Human Rights Charter.

Our approach puts the tenant at the heart of everything we do. All decisions we make must meet the following criteria:

• Lawful
• Necessary
• Logical
• Reasonable
• Proportionate

When our staff seeks approval for an eviction, we make sure they:

• Fully understand the action they are requesting and why.
• Consider the impact it may have on a person's human rights, considering all relevant rights under the Charter.
• Carefully consider if the proposed action is balanced and fair, taking into consideration all the available information.

Legal representation and appeals

We want tenants to feel empowered and informed about their rights. That's why we:

• Make sure you have access to information about tenancy laws from sources outside of MCM Housing. We want you to know where to go for advice.
• If you disagree with our decision to seek eviction, you have the chance to appeal it. You can find more details about the appeals process by referring to our Appeals process page.

We value your input and believe in giving you the tools to make informed decisions. If you have any concerns or disagree with our actions, we encourage you to explore the appeals process. It's important to us that you feel heard and have the opportunity for a fair review.