No-Fault Evictions Are Now Banned in Victoria - What Self-Managing Landlords Need to Know

If you own a rental property in Victoria and you've been managing it yourself, one of the most significant changes to tenancy law in years came into effect from 25 November 2025 — and a lot of self-managing landlords still don't know it happened.

The short version: you can no longer rely on the old 'end of fixed term' approach to remove a renter without a valid reason. You need a prescribed, legally recognised reason and must use the current Consumer Affairs Victoria notice process. A notice based only on the lease ending may be invalid and should not be used without checking the current official form and guidance.

This guide explains exactly what changed, what valid reasons still exist, and what you need to do differently going forward.

Quick Summary — Victoria No-Fault Eviction Ban

Effective 25 November 2025, no-fault evictions are banned for all tenancies
Fixed-term leases no longer end automatically — they roll into periodic (month-to-month) agreements
You must have a valid prescribed reason to issue a notice to vacate
Most valid notices now require 90 days notice AND supporting evidence attached
If you end a tenancy so you can sell, demolish, change the property's use, or move in (you or a dependent family member), a 6-month re-letting restriction applies
VCAT can scrutinise any notice to vacate and dismiss it if the reason is unsupported

What Actually Changed on 25 November 2025

Before these reforms, a rental provider in Victoria could use an 'end of fixed term' notice to vacate in some circumstances — essentially telling a renter the fixed-term agreement was ending and they needed to leave, without needing to prove renter fault. It was sometimes used when a rental provider wanted a different renter or simply wanted the property back.

That approach is no longer safe. Victoria's 2025 rental reforms removed the broad no-fault pathway at the end of fixed-term agreements, meaning rental providers now need one of the permitted grounds under the Residential Tenancies Act 1997 and the current Consumer Affairs Victoria process.

What this means practically: when a fixed-term rental agreement reaches its end date, the renter does not automatically have to leave. Unless a new fixed-term agreement is signed or the tenancy is lawfully ended, the tenancy generally continues as a periodic agreement. The tenancy keeps going until either the renter gives notice, you reach another lawful agreement, or you have a valid ground to end it.

What Are the Valid Reasons to End a Tenancy Now?

You can still end a tenancy — the ban is on no-fault evictions, not all evictions. But you need one of the prescribed reasons set out in Victoria's rental laws, and the notice period and evidence required can vary depending on the ground.

Rental provider reasons (commonly 90 days under the current reforms — confirm the exact period on the current CAV form before serving):

You, an eligible family member, or another permitted person genuinely intends to occupy the property — the current form may require a statutory declaration or other evidence
You are selling, have sold, or need vacant possession for a genuine sale-related reason — attach the evidence required by the current Consumer Affairs Victoria form, such as sale or agency documents where required
The property needs substantial renovations, repairs or demolition that genuinely require the property to be vacant — attach the evidence required by the current form, such as permits, contracts, quotes or statutory declarations where required
The property will be demolished — timing and evidence requirements must be checked against the current CAV form before serving the notice
The property will no longer be used as a rental for the required period — confirm the exact requirement and evidence on the current CAV form

Renter breach reasons (shorter notice periods may apply, depending on the ground):

Renter is in rent arrears — the notice period and process depend on the current arrears rules and should be checked before serving
Renter has caused serious damage to the property
Renter has endangered neighbours, the rental provider, or workers at the property
Renter has used the property for illegal purposes
Renter has breached a VCAT order

Important: simply wanting a different renter, wanting to increase rent beyond what the current renter will accept, or relying only on the fixed-term lease expiring is not enough. A notice issued on those grounds may be invalid and can be challenged.

The Evidence Requirement — This Is New and Catches Landlords Out

One of the practical traps with the current rules is that some notices to vacate require evidence to be attached when the notice is served. It is not enough to state the reason — you need to provide the evidence required for that ground.

Examples of evidence that may be required include:

Sale-related notices — attach the sale or agency evidence required by the current CAV form
Major renovations, repairs or demolition — attach the required permits, contracts, quotes, reports or statutory declarations where required
Moving in yourself or moving in an eligible person — attach the statutory declaration or other evidence required by the current form

If you serve a notice without the required evidence attached, the notice may be invalid even if your reason is genuine. If challenged, you may need to start the process again, which means more time and another full notice period.

The 6-Month Re-Letting Restriction

If you end a tenancy so you can sell the property, demolish it, change its use (for example to a business), or so that you or a dependent family member can move in, you generally cannot re-let the property for 6 months unless VCAT gives permission. The 6 months runs from the date you give the notice to vacate (section 91ZZH of the Residential Tenancies Act 1997).

This is designed to prevent rental providers from using a false reason to remove a renter and then immediately re-letting at a higher rent. If you re-let within the 6-month period without VCAT's permission, penalties apply and the former renter can complain to Consumer Affairs Victoria.

The practical implication: if you are genuinely selling, renovating, demolishing, moving in, or changing the property's use, document it carefully. If you are using one of these reasons as a pretext to remove a renter you simply want replaced, the legal risk is high.

Notice Periods — 90 Days Applies to Many Rental Provider Reasons

The notice period for many rental provider reason notices increased to 90 days under the current reforms. Before serving a notice, always check the current Consumer Affairs Victoria notice to vacate form for the exact ground and notice period. Common 90-day categories may include:

Intending to move in
Selling with vacant possession
Major renovations or demolition
Property no longer used as rental

Renter breach notices can have shorter notice periods, but the exact period depends on the ground and the current legal process. Do not guess — use the current CAV form and, where needed, get legal advice before serving.

The notice period runs from proper service. It is not enough to write the notice and assume the clock has started. Keep proof of how and when the notice was served and allow extra time if posting.

What Happens If a Renter Doesn't Leave After a Valid Notice

If you have a valid notice, the required notice period has passed, and your renter has not vacated, you cannot physically remove them yourself. You must apply to VCAT for a possession order.

At the VCAT hearing, even if your notice is technically valid, VCAT may consider whether making a possession order is reasonable and proportionate given the circumstances. In practice, this can include the impact on the renter and any dependants — not just the technical validity of the notice.

This is another reason documentation matters. The stronger your evidence that your reason is genuine, the stronger your position at VCAT.

The New Dispute Resolution Option — RDRV

Victoria also has a free dispute resolution pathway called Rental Dispute Resolution Victoria (RDRV). It is intended to help resolve common rental disputes — including issues such as rent, repairs, bonds and damage — before some matters escalate further.

For landlords, this is worth knowing, but do not assume RDRV replaces VCAT for possession orders or formal eviction steps. If you receive any dispute lodgement or VCAT application, respond promptly and bring your documentation.

Common Mistakes Self-Managing Landlords Are Making Right Now

These are the situations most likely to create problems under the current rules:

No valid reason — Issuing a notice at the end of a fixed term with no prescribed reason. High risk and likely invalid.

Missing evidence — Issuing a notice for a valid reason but without attaching the required evidence. The notice may be invalid even if the reason is genuine.

Wrong notice period — Many rental provider reasons now require 90 days, but the exact period depends on the ground. Getting this wrong restarts the clock.

Re-letting too soon — Re-letting after using a restricted rental provider reason without checking whether a re-letting restriction applies. This can expose you to penalties and compensation claims.

Using an old form — Consumer Affairs Victoria updates official notice to vacate forms. Using an outdated version may invalidate the notice entirely.

Step-by-Step: How to End a Tenancy Correctly in Victoria Now

Identify your valid reason — check it is one of the prescribed grounds in the Act.
Gather your evidence — signed contract of sale, building permit, statutory declaration, as required for your specific reason.
Download the current Notice to Vacate form from Consumer Affairs Victoria — make sure it is the updated version.
Complete the form accurately — state the reason clearly with enough detail for the renter to understand the specific facts.
Attach the required evidence to the notice before serving it.
Serve it with the correct notice period for that ground — many rental provider reasons require 90 days, and you should allow extra time if posting.
Keep proof of service — date, method, and a copy of everything you sent.
If the renter does not vacate, apply to VCAT for a possession order — do not attempt to remove them yourself.

What This Means for Your Long-Term Strategy as a Self-Managing Landlord

The honest reality of the November 2025 changes is that tenancies in Victoria are now stickier. When a good renter moves in and pays rent on time, the expectation is that they can stay unless there is a lawful reason to end the tenancy.

For most self-managing landlords with well-performing renters, this is not a problem. The changes mainly affect rental providers who were relying on the end-of-lease mechanism to cycle through renters or remove someone without having to document a lawful reason.

What the changes do require from every self-managing landlord is better documentation from day one — condition reports, rent records, maintenance logs, correspondence and evidence of compliance. If you ever do need to end a tenancy for a valid reason, the paper trail you have built over the tenancy is what supports your position.

PropEasy is built specifically for this — keeping rent payments, notices, inspections and communications organised, so if you ever need to act, the evidence is easier to find.

This article is for general information only and reflects Victorian tenancy law as at 20 May 2026. It does not constitute legal advice. Laws and forms change — always verify the current requirements with Consumer Affairs Victoria, VCAT, or a qualified solicitor before serving a notice to vacate.