6. ILLEGAL OCCUPANTS AND
SQUATTERS
VERSION 3.1 SEPTEMBER 2009
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-1
Table of Contents
Illegal Occupants and Squatters
Version 3.1 September 2009
Published by the Office of Housing, Victorian Government Department of Human Services, Melbourne,
Victoria Australia.
Copyright State of Victoria, Department of Human Services, 2008.
This publication is copyright. You may make limited copies of this document in accordance with the
Copyright Act 1968 (Cth), including copies for research, study, criticism, review or news reporting. Apart
from this, you may not publish, reproduce, adapt, modify, communicate or otherwise use any part of this
document (in particular for commercial purposes).
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.
Page 6-2
Illegal Occupants and Squatters: Version 3.1 September 2009
Table of Contents
Table of Contents
6. Illegal Occupancy & Squatters
Table of Contents ....................................................................................... 1
Revision History ......................................................................................... 4
Definitions ................................................................................................ 3
6.1 References .......................................................................................... 4
6.2 Introduction......................................................................................... 5
6.2 Illegal Occupancy & Squatters Policy ........................................................ 6
6.3.1 Illegal occupants residing in Office of Housing properties ........................ 6
6.3.2 Squatters residing in Office of Housing properties .................................. 6
6.3.3 Advising illegal occupants or squatters of alternative housing options....... 6
6.3.4 Requesting the occupants leave the property ........................................ 7
6.4 Illegal Occupancy & Squatters Procedures ................................................ 8
6.4.1 Determine whether the property is illegally occupied or squatted ............. 8
6.4.2 Legal action to remove illegal occupants ..............................................11
6.4.3 Legal action to remove squatters ........................................................18
6.5 Illegal Occupancy & Squatters Appendix ................................................. 24
6.5.1 Notice to enter rented premises ..........................................................24
6.5.2 Letter to illegal occupant ...................................................................25
6.5.3 Example of an affidavit for legal action in accordance with S344 of RTA ...26
6.5.4 Example of an Attestation ..................................................................28
6.5.5 Application to the Tribunal .................................................................29
6.5.6 Affidavit of Service............................................................................30
6.5.7 Squatters Information Sheet ..............................................................31
6.5.8 Authority of Owner of Property ...........................................................32
6.5.9 Statement of Formal Demand ............................................................33
6.5.10 Squatters Action Sheet ....................................................................34
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Table of Contents
Revision History
Illegal Occupants and Squatters
The following table shows the development of this manual.
Version
Amend.
Number
Pages
Effective
From
Details
1.0
Feb 1996
First issue of the manual
1.1
March
1999
Updated to reflect changes to legislation
1.2
Oct 1999
Updated to reflect that letter to Australia
Post is no longer sent as part of illegal
occupants procedure
1.3
13
Oct 2000
Update to section 6.5.2 Legal Action to
Remove Illegal Occupants to reflect
changes from VCAT in the way warrants
can be issued
1.4
10
Dec 2004
Updates to the procedure for making
application under s344 through VCAT Online.
July 2005
Reissue of the chapter to comply with DHS
publishing guidelines.
March
2007
Updated contacts and business hours to
24 hour Notice to Enter Rented Premises
form.
11
2.0
2.1
6.5.1
24
All
Update of business
contact details.
unit
names
and
Hyperlinks to other manuals.
3.0
All
October
2008
Updated the entire chapter to include
consideration for the Charter of Human
Rights Legislation.
3.1
Updated appendix 6.5.1
letterhead.
to new
DHS
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Illegal Occupants and Squatters: Version 3.1 September 2009
Definitions
Definitions
Term
Definition
Illegal
Occupant
A person living in a rental property without the consent of the Director
of Housing, and is known to the tenant or another household member.
Rental Housing
Support Program
Regionally located agencies that provide independent tenancy advice
and information to public tenants and other clients. They are also able
to provide referral to a range of local, regional or statewide community
services.
Squatter
A person occupying a vacant rental property without the consent of the
Director of Housing and without the consent of the previous tenant.
Transitional
Housing
Management
Services
Agencies that provide housing assistance and referral to households in
crisis as a result of homelessness or impending homelessness, in order to
establish and maintain stable housing. (Refer to the Transitional Housing
Management Program Guidelines for further information, available from
the Community Housing Group).
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-5
References
6.1 References
Reference
Abbreviation
Office of Housing
OoH
Residential Tenancies Act 1997
RTA
Summary Offences Act 1966
SOA
Subdivision Act 1988
SA
Victorian Civil and Administrative Tribunal
VCAT
Legal Act
Office of Housing Manual or Chapter
Legal Services
Refers to VCAT On-line
Page 6-6
LS
L

Illegal Occupants and Squatters: Version 3.1 September 2009
Introduction
6.2 Introduction
The Office of Housing (OOH) aims to relet standard properties two
weeks after they are vacated to eligible households with
applications on OOH waiting lists.
In some circumstances,
tenants leave their property and irrespective of whether vacant
possession of the property is obtained, it may become re-occupied
without the consent of OOH.
If the occupants have been allowed to remain in the property by
the previous tenant without the licence or consent of the Director
of Housing (DOH), they are illegal occupants. Legal action for
their removal is taken in accordance with Section 344 of the
Residential Tenancies Act 1997 (RTA).
Alternatively, persons who occupy properties without the licence
or consent of the Landlord and without the authority of the
previous tenant are squatters. Entry may have been forced to
vacant properties or in some circumstances doors or windows
may have been left open enabling unforced access. The OOH
takes legal action for removal of squatters in accordance with
Section 9 of the Summary Offences Act 1966.
The OOH gives advice to squatters and illegal occupants on
alternative housing options and other OOH programs. The OOH
also refer them to community agencies for housing and nonhousing related support services.
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Illegal Occupants &
Squatters Policy
6.3 Illegal Occupants & Squatters Policy
6.3.1 Illegal
occupants
residing in
Office of
Housing
properties
Illegal occupants are generally known to the tenant, or another
household member, and have given them keys and allowed them
to reside in the property.
In circumstances where an occupant or a resident is not eligible
for a transfer of tenancy, we also regard them as illegal occupants
and, in certain circumstances, take legal action to regain
possession of the property in accordance with Section 344 of the
Residential Tenancies Act 1997.
Transfer of Tenancy
Chapter in this manual
6.3.2 Squatters
residing in
Office of
Housing
properties
6.3.3 Advising
illegal
occupants or
squatters of
alternative
housing options
Squatters are persons who occupy a vacant OOH property without
the consent of the Director of Housing and without the knowledge
of the previous tenant. Squatters have not been given keys by
the previous tenant and generally, they have forced entry into the
property.
We take legal action to remove squatters in accordance with
Section 9 of the Summary Offences Act.
Once it is determined that the occupants are either illegal
occupants or squatters according to the above definitions, we
advise them of alternative housing options, and refer them to
relevant local community agencies, who provide housing and nonhousing related support services. This can include Transitional
Housing Management Services, and services provided by the
Rental Housing & Support Program.
We also advise them of:
 Bond Assistance.
 OOH Rental Housing.
 Early Housing Allocation options.
Allocations Manual
Page 6-8
Illegal occupants or squatters may apply for Early Housing.
However, their application is not considered until they have
vacated or been legally removed from the Office of Housing
property.
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupants &
Squatters Policy
6.3.4
Requesting the
occupants
leave the
property
In circumstances where an Office of Housing property is either
illegally occupied or squatted, the occupants are advised that they
are residing in the property without the Landlord's consent and
that they must leave immediately.
We do not give a specific time frame for them to leave the
property as the Victorian Civil and Administrative Tribunal may
determine that tenancy rights have been established.
We also advise them that we will be commencing legal action to
regain possession of the property and that they should make
arrangements to move out as soon as possible.
If they cannot be contacted, they are advised in writing:
they are occupying the property without the Landlord’s consent;
they should vacate the property;
we will commence legal action to regain possession of the
property;
they can contact the local Housing Office immediately for referral
and information on alternative housing options.
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Illegal Occupants &
Squatters Procedures
6.4 Illegal
Procedures
6.4.1
Determine
whether the
property is
illegally
occupied or
squatted
Occupants
&
Squatters
Receiving information
After receiving information that the property is occupied without
our knowledge, check the property details. If the property is a
vacant property, arrange a home visit with another Housing
Services Officer within one working day.
If the property is a tenanted property, send a letter to the tenant
immediately requesting they contact the local Housing Office to
arrange an interview to discuss their tenancy.
If there is no response within five working days, visit the property
with another Housing Services Officer (HSO) to establish who is
residing in the property.
Ensure that you have the tenancy details with you when you visit
the property.
Visit the property
Visit the property and advise the occupant that you are visiting to
confirm tenancy details. Ask them their name and date of birth,
and the name and date of birth of other people living with them in
the property. If necessary, request documentation to confirm
their identification.
If the tenant no longer resides in the property and the occupant is
not a listed household member, advise them that they are
occupying the property illegally and they must make
arrangements to leave the property immediately.
Inform the occupants that they can attend the local Housing
Office for an interview to discuss alternative housing options and
that legal action for their removal will commence immediately.
Arrange an interview to assess the occupants eligibility for priority
housing.
If the occupants are not at the property when the home visit is
conducted, leave a card requesting the occupants contact the
local Housing Office to arrange an interview by close of business
the next day.
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Illegal Occupants &
Squatters Procedures
At the interview
Ask the person who attends the interview their name and date of
birth and the name and date of birth of other people living with
them in the property. If necessary, request documentation to
confirm their identification.
Check if the occupants are listed household members.
Ask the occupants:
their relationship to the tenant;
how they entered the property;
whether they received the keys from the previous tenant;
the reason they have occupied the property;
Transfer of Tenancy
Chapter in this manual
how long they have occupied the property.
If the occupants are listed household members, assess whether
they meet the eligibility criteria for a transfer of tenancy.
Determine whether the occupants are squatters
or illegal occupants
If the occupants are not listed household members, ask them how
long they have resided in the property, their relationship to the
tenant and how they gained access.
 Refer to Legal Housing
issue on OoH intranet
If the occupants are known to the tenant and received the keys
from the tenant, they are considered illegal occupants. If the
occupants are not known to the previous tenant and did not
receive keys to the property from the previous tenant, they are
considered squatters.
If the occupants are known to the tenant, but it cannot be
confirmed whether the tenant gave them the keys to remain in
the property, consider the occupants as illegal occupants.
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Illegal Occupants &
Squatters Procedures
If the occupants are considered illegal occupants or squatters,
advise them that they are occupying the property without the
Landlord's consent and that they should leave immediately.
Also advise them that we will commence legal action immediately
to regain possession of the property and explain the legal
procedure.
Ask them whether they have lodged an Application for Rental
Housing and discuss other housing options.
s. 232 RTA 1997
Where appropriate, refer them to an appropriate community
agency.
Advise the occupants to contact VCAT for further information so
that they can make an application under Section 232 of the
Residential Tenancies Act.
Also advise them to contact the
Tenants Union of Victoria on 9416 2577 for further advice.
If the occupants do not contact the local Housing
Office
 Appendix 6.5.1 Notice to
enter rented premises
s. 86(1)(e) RTA 1997
If the occupants do not contact the local Housing Office and the
property has not been vacated, send a Notice in accordance with
Section 86(1)(e) of the Residential Tenancies Act, to inspect the
property. This will enable you to gain access to the property to
confirm whether it is tenanted.
Check whether there is evidence of recent occupation of the
property eg food in the fridge, the power is connected, the
property is furnished and the mail has been collected. Leave a
note requesting the occupants to contact the local Housing Office
by close of business the next working day. If the occupants do
not contact the office, commence legal action in accordance with
Section 344 of the Residential Tenancies Act.
Contact essential service (electricity, gas etc) providers and ask
them to confirm whether the services are still connected in the
tenant’s name. If not, ask for the name the service is supplied in.
If a vacated property is occupied and the occupants do not
contact the local Housing Office, assume the occupants are
squatters and commence legal action to regain possession of the
property.
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Illegal Occupants &
Squatters Procedures
6.4.2 Legal
action to
remove illegal
occupants
s. 344 RTA 1997
The Tenancy Agreement
When we commence legal action, we are required to show that a
tenancy agreement has been in place at any time within the
twelve months preceding the application to the Tribunal. This
information is required in order to establish whether the Tribunal
can hear the case.
We have to demonstrate that:
at any time within the period of twelve months prior to the date
of application to the tribunal, the property has been rented under
a tenancy agreement;
there has been no tenancy agreement entered into with the
current occupant of the property;
we have accepted rental payments believing them to be made by
the person who signed the Tenancy Agreement currently in place.
Check the tenancy file to see if there is a current tenancy
agreement. If the occupants advise that the tenant has died or
left the property during the preceding twelve months and the
OOH has not been notified, record the details and attach this
information to the application to the Tribunal.
Inform the Housing Services Manager (HSM) of the details of the
case and seek approval to commence legal action.
Send a letter to the occupants
s. 344 RTA 1997
 Appendix 6.5.2
Letter to illegal occupant
Send a letter to the occupants by registered mail within 1 working
day, advising:
they are requested to vacate the property;
any licence which they believe they have to remain in the
property is revoked;
they must cease making any rental payments for the property.
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Illegal Occupants &
Squatters Procedures
Prepare an affidavit
R 6.38(6) VCAT Rules
1998
L
Once the occupant has been advised to leave the property,
prepare an affidavit in accordance with Rule 6.38(6) of the VCAT
Rules. Contact Legal Services to confirm that the affidavit has
been prepared correctly.
LS
Note: An affidavit is a sworn document made before a person
authorised to take an oath or an affirmation. The information in
an affidavit can be used in any Court of Law.
 Appendix 6.5.3
Example of an affidavit
Each affidavit is drafted so that the specific details of the
particular case are recorded in chronological date order.
An affidavit must include the following information:
the applicant’s interest in the premises;
the circumstances in which the occupants came to reside in the
property without the consent of the Landlord;
the circumstances in which the applicant’s claim to possession
arises;
the steps taken by the Landlord to identify the occupants of the
property;
details of the tenancy agreement under which the property has
been rented during the preceding twelve months.
Attach documentation to the affidavit
Attach to the affidavit:
 the tenancy agreement;
 letter to the occupants;
 any other documents referred to in the affidavit.
Mark each document attached to the affidavit on the top right
hand corner with a letter starting from “A” in capital letters. Any
document referred to in an affidavit is legally known as an exhibit.
 Appendix 6.5.4
Example of an attestation
Page 6-14
Each document attached to the affidavit is signed by the Housing
Services Officer who prepared the affidavit and witnessed by
another person authorised under Section 107A of the Evidence
Act. This process is legally referred to as an attestation. See
Appendix 2.8.5 for an example of a document with an attestation.
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupants &
Squatters Procedures
Note:
Public servants, who work at positions that are equal to or
above the Victorian Public Service Band 2 level or the
Housing Services Officer Band 2 level, have the authority
to witness affidavits.
Make an application to the Victorian Civil and
Administrative Tribunal
 Section 344
application
s. 344 RTA 1997
R 6.38 VCAT Rules
1998
Once the affidavit has been prepared, make application to VCAT
via VCAT On-line in accordance with Section 344 of the
Residential Tenancies Act.
Send a copy of the application and Hearing Notice addressed to
“The Occupier” via both registered post and normal mail. Place a
copy of the application and Hearing Notice on the tenancy file.
The affidavit and other documents relating to the application do
not have to be sent to VCAT at the time the application for an
Order for Possession is made but must be produced at the hearing
of the application or, at the request of the principle registrar, at
any time before or after the hearing.
The Tribunal considers the application and determines, on the
basis of the evidence presented in the affidavit, whether there is a
case for illegal occupancy. If there is a case for illegal occupancy,
the Tribunal generally forwards an Order for Possession and a
Notice for a hearing, in accordance with Section 345 of the
Residential Tenancies Act.
Advise the occupants
S 344 RTA 1997
 Appendix 6.5.6
Affidavit of service
In accordance with Section 344 of the Residential Tenancies Act,
the landlord applying for possession of the property is required to
secure the Notice of the hearing to the front door of the property.
Secure the Notice of the hearing to the front door of the property.
Take a photograph of the notice attached to the door. Once the
Notices have been attached to the door, complete an affidavit of
service.
Note: An affidavit of service is a written statement which affirms
that the Notice was served in accordance with the
requirements of the Residential Tenancies Act.
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Illegal Occupants &
Squatters Procedures
If the occupants apply to the Victorian Civil and
Administrative Tribunal
If the property is their principle place of residence, the occupant
can request the tribunal to grant an order requiring the landlord
to enter a tenancy agreement with them.
In these circumstances, the tribunal considers whether the
occupants:
 could be reasonably expected to comply with the conditions
of a tenancy agreement;
 would be placed in severe hardship if they were evicted from
the property, and whether the hardship would be greater than
any hardship suffered by the landlord.
S 232 RTA 1997
S 344 RTA 1997
The Tribunal can request that the occupants make an application
in accordance with Section 232 before they will further consider
the landlord's application.
Note: When legal action is taken by the landlord in accordance
with Section 344, the occupants can also make an
application to the Tribunal in accordance with Section 232
of the Residential Tenancies Act.
At the hearing
At the hearing, advise the chairperson of:
 the circumstances which resulted in the illegal occupancy
including any relevant information related to the previous
tenancy;
 any previous tenancy record with the occupants including any
previous breaches of the tenancy agreement eg outstanding
charges or other tenancy breaches;
 the number of applications on the relevant waiting list
including the number of priority applications, and the
estimated waiting times;
 alternative housing options and any relevant action taken to
provide the occupants alternative housing assistance.
Allocations Manual
Page 6-16
Where necessary, also advise them of the OOH Allocations Policy,
particularly if the occupants do not meet the eligibility criteria.
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupants &
Squatters Procedures
If the OOH does not gain possession of the
property
If the OOH does not gain possession of the property, arrange for
the occupants to sign a Residential Tenancy Agreement. Ask the
chairperson for the commencement date of the tenancy. Request
the occupants to provide documentation for a rebate assessment
and commence the rebate from the tenancy start date.
If the OOH gains possession of the property
If the OOH is granted possession of
warrant application and send it to the
for endorsement. If the application
application with the tenancy file to
approval to proceed with the eviction.
the property, complete a
HSM with the tenancy file
is endorsed, forward the
the Housing Manager for
If the application is approved by the Housing Manager, the
Regional Project Officer will organise the purchase of the warrant
from VCAT and will nominate where the warrant is to be sent.
The Regional Project Officer can nominate that the warrant be
posted or faxed directly to either the Housing Office or the local
Police Station.
Advise the Housing Manager when the warrant has been received.
Contact the local Police and arrange a time with them to evict the
occupants. Request that the local Police visit the property and
advise the occupants of the eviction.
Prior to the day of the eviction
Prior to the day of the eviction, visit the property with another
HSO to confirm whether the occupants are still residing in the
property. If so, advise them that the eviction will proceed and
request that they vacate the property immediately. Refer them to
a community support service, if appropriate.
If necessary, arrange for the Community Policing Squad to attend
the eviction if the household includes children.
Also arrange for a contractor to attend the property to force entry
if necessary and secure the property once the occupants have
been removed.
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Illegal Occupants &
Squatters Procedures
Prepare a Briefing Note and include the following information:
 The address of the property;
 How the occupants entered the property;
 The household composition;
 Details of the occupancy, including details of the previous
tenancy;
 The eviction date and any other relevant information eg
whether it is likely that the media will attend the eviction.
Send the briefing note to the:
 Minister’s Office (fax: 9096 0055)
 Director Public Housing Client Services
(e-mail: Tony.Newman@dhs.vic.gov.au)
 Media Unit (fax: 9096 7233)
 Manager, Housing, Primary & Complex Care Manager. (as
per your region)
 Regional Housing Manager. (as per your region)
 Aboriginal Housing Victoria (if the tenant is Aboriginal)
(fax: 9482 3964)
Place the Briefing Note on the tenancy file.
If the media requests information
Refer any requests for information from the media to the
Department of Human Services, Corporate Communications Media
Unit. Advise the Housing Manager of the request.
At the eviction
The Police are responsible for ensuring that the occupants vacate
the property. Ask the occupants if they require referral to support
agencies.
Remain at the property until all goods are removed (including
motor bikes and motor vehicles). If the occupants indicate that
they will not be able to remove all their goods from the property,
advise them that they must arrange for the removal of the goods
as soon as possible. Ask the contractor to change the locks and
secure the property to prevent re-entry.
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Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupants &
Squatters Procedures
If the occupants are not at the property
If the occupants are not at the property when the Police attend to
execute the warrant, ask the contractor to change the locks and
secure the property.
Write a note and leave it in a prominent position outside the
property (usually on the front door) advising the occupants that
we have regained possession of the property and they must
contact the local Housing Office within five working days to
arrange the removal of their goods.
s. 9 Summary
Offences Act 1966
If the illegal occupants reoccupy the property, they are identified
as squatters and legal action for their removal is taken in
accordance with Section 9 of the Summary Offences Act.
Remove abandoned goods
Abandoned
Properties & Goods Chapter
in this manual
If the occupants do not contact the local Housing Office within five
working days to remove their goods, contact the Consumer Affairs
Victoria to arrange for the goods to be stored or discarded.
Contact the local council, an animal welfare agency or the RSPCA
to remove any pets left on the property. Ask another HSO to
attend the property with you.
Complete a Briefing Note
Complete a Briefing Note advising the outcome of the eviction and
send it by facsimile to the:
 Minister’s Office (fax: 9096 0055)
 Director Public Housing Client Services
(e-mail: Tony.Newman@dhs.vic.gov.au)
 Media Unit (fax: 9096 7233)
 Manager, Housing, Primary & Complex Care Manager. (as per
your region)
 Regional Housing Manager. (as per your region)
 Aboriginal Housing Victoria (if the tenant is Aboriginal)
(fax: 9482 3964)
Place the Briefing Note on the tenancy file.
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Illegal Occupants &
Squatters Procedures
If the property has been damaged
Once the OOH gains possession of the property, complete an
inspection of the property, checking any vacant unit maintenance
works required. Check the previous Tenancy Condition Report to
assess whether it can be established if the damage was caused by
the previous tenant or the illegal occupants.
If there is insufficient evidence to determine responsibility for the
damage, complete the maintenance works as vacant unit
maintenance and charge the costs of the works to the appropriate
maintenance budget code.
Debt Management
manual
6.4.3
Legal action to
remove
squatters
If there is sufficient evidence to determine that the illegal
occupants are responsible for damage to the property and their
identity is known, refer to the Tenant Responsibility policy and
procedures.
Approval to remove squatters
Once the occupants have been identified as squatters and they
have been advised that they should vacate the property,
commence legal action for their removal immediately.
Create a squatters file to maintain accurate records of all relevant
details and actions taken. Store the squatters’ file in a central
location at the Housing Office.
Complete the Squatters Information Sheet and a report to the
HSM which includes:
 Appendix 6.5.7
Squatters Information Sheet

any other relevant details not included on the Squatters
Information Sheet;

a recommendation that the occupants be removed under the
Summary Offences Act.
Forward the Squatters Information Sheet and the report to the
Housing Manager for approval.
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Illegal Occupants &
Squatters Procedures
Authorisation to remove the squatters
The Director of Housing authorises a staff member to represent
the owner for the purposes of the removal of squatters.
Once removal of the squatters has been approved by the Housing
Manager, a staff member is nominated at the local Housing Office
to represent the Director of Housing at the eviction. The staff
member can be the HSM, a Team Manager or a HSO.
 Appendix 6.5.8
Authority of owner of
property
In order to establish ownership and obtain authorisation from the
Director of Housing, complete an “Authority of Owner of Property”
form and request the Housing Manager to sign it on behalf of the
Director of Housing.
Once the form is authorised, arrange a time to attend the
property with the Police in order to revoke any licence the persons
claim to have to the property.
S.9 Summary Offences
Act 1966
Note: Under Section 9 of the Summary Offences Act, the Police
can remove squatters once ownership of the property is
established.
Arrange a time for the squatters to be removed
It is important to avoid unnecessary delay in arranging for the
removal of squatters as this may suggest that the Director of
Housing has given consent to the squatters to remain in the
property.
Allow no more than five working days from the day they were
advised to leave the property, for the squatters to vacate the
property voluntarily.
 Appendix 6.5.8
Authority of owner of
property
Once the Housing Manager has approved action to remove the
squatters and an “Authority of Owner of Property” form has been
completed, request the assistance of the local Police to remove
the squatters from the property.
The Police must cite the “Authority of Owner of the Property” form
and identification before proceeding with any action to remove
the squatters. Provide the Police with any information about the
squatters that may be needed.
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Illegal Occupants &
Squatters Procedures
Check whether the squatters have vacated the
property
Prior to the day of removal, attend the property with another HSO
to check whether they are still residing there.
If there is no one at the property, check whether you can see
from outside the property if it is still occupied. If appropriate, ask
the neighbours if they have noticed anyone recently moving out
of the property.
Maintenance Manual
If you can confirm that the squatters have vacated and there are
no goods left at the property, arrange for a contractor to change
the locks and secure the property immediately.
Complete a file note and advise the Housing Manager that the
squatters have vacated the property.
Place a copy on the
squatters file.
Allocations Manual
Arrange for vacant unit maintenance works to be completed and
offer the property to the next applicant on the waiting list.
Prior to the day of removal
Inform the Community Policing Squad of the eviction date if the
household includes children.
If the squatters indicate that they will not be able to remove all
their goods from the property on the day of removal, arrange to
have a removalist standing by to remove the goods. You can ask
the removalist to take the goods to a new address, if appropriate,
or to place them in storage.
Also arrange for a contractor to attend the property to force entry
if necessary and secure the property once the squatters have
been removed.
Prepare a Briefing Note and include details of:
 The address of the property;
 How the occupants entered the property;
 The length of occupancy of the squatters;
 Household composition;
 The date the property became vacant;
 The arranged
information.
Page 6-22
eviction
date
and
any
other
relevant
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupants &
Squatters Procedures
Send the Briefing Note to the:
 Minister’s Office (fax: 9096 0055)
 Director Public Housing Client Services
(e-mail: Tony.Newman@dhs.vic.gov.au)
 Media Unit (fax: 9096 7233)
 Manager, Housing, Primary & Complex Care Manager. (as per
your region)
 Regional Housing Manager. (as per your region)
 Aboriginal Housing Victoria (if the tenant is Aboriginal)
(fax: 9482 3964)
Place the Briefing Note on the tenancy file.
Remove the squatters
Prior to implementing the official removal process, ask the
squatters to leave voluntarily and to remove all their goods
(including motor bikes and motor vehicles) from the property.
 Appendix 6.5.9
Statement of formal
demand
Ask the squatters if they require any assistance with alternative
housing or referral to support agencies. If they refuse to leave,
the Police will direct the owner of the property to read out a three
staged “Statement of Formal Demand”.
Once the squatters have left the property, arrange for the locks to
be changed and the property to be secured.
If the squatters are not at the property
If the squatters are not present at the property on the day of
removal, ask the contractor to change the locks and secure the
property.
Write a note and leave it in a prominent position outside the
property (usually on the front door) advising the squatters that
we have regained possession of the property and they must
contact the local Housing Office within five working days to
arrange removal of their goods. An inventory of the goods should
be made and photographed.
Contact the local council, an animal welfare agency or the RSPCA
to remove any pets left on the property.
Abandoned
Properties & Goods Chapter
in this manual
Once a time is arranged to remove the goods, ask another HSO to
attend the property with you.
If the squatters do not contact the local Housing Office within five
working days, arrange for their goods to be stored or discarded.
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-23
Illegal Occupants &
Squatters Procedures
If goods are abandoned
Abandoned
Properties & Goods Chapter
in this manual
S. 380 & 386 RTA
1997
If squatters leave goods at the property and do not contact the
Housing Office within five working days, arrange to have the
goods valued and if necessary stored for a period of 28 days in
accordance with Section 386 of the Residential Tenancies Act. If
squatters leave personal documents at the property and do not
contact the Housing Office within five working days, store the
goods for 28 days in accordance with Section 380 of the
Residential Tenancies Act.
Note: Although the Residential Tenancies Act does not cover
goods or personal documents abandoned by squatters, we
apply the procedures prescribed in Section 386 & 380 of
the Residential Tenancies Act to ensure that squatters are
treated equitably and are given the opportunity to recover
their goods and documents.
Because Consumer Affairs Victoria does not have statutory
responsibility in the case of goods abandoned by squatters, they
cannot be requested to value the goods.
In order to avoid claims for compensation, unclaimed goods
abandoned by squatters which are not defined as perishable
foodstuffs, dangerous or goods of no monetary value should be
assessed by an independent valuer from a storage or
Auctioneering company.
The cost of arranging for the goods to be valued, stored and
advertised as unclaimed goods is paid by the OOH. If the
squatters do not reclaim the goods within 28 days, the goods are
auctioned. The cost of removal, care and storage of personal
documents is also paid by the OOH. If the documents are not
reclaimed within 28 days, the documents are disposed of.
Write a detailed list of the goods and personal documents, take
photographs, address and date them. Write a file note of all
actions taken and place it with the list and the photographs on
the squatters file.
Write a Briefing Note
Complete the Squatters Action Sheet. Also complete a Briefing
Note of the outcome of the eviction and attach it to the Squatters
Action Sheet.
Send these to the:
 Minister’s Office (fax: 9096 0055)
 Director Public Housing Client Services
(e-mail: Tony.Newman@dhs.vic.gov.au)
Page 6-24
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupants &
Squatters Procedures
 Media Unit (fax: 9096 7233)
 Manager, Housing, Primary & Complex Care Manager. (as per
your region)
 Appendix 6.5.10
Squatters Action Sheet
 Regional Housing Manager. (as per your region)
 Aboriginal Housing Victoria (if the tenant is Aboriginal)
(fax: 9482 3964)
Place the Briefing Note and the Squatters Action Sheet on the
squatters file.
Identify any damage caused by squatters
Maintenance Manual
Once the OOH gains possession of the property, complete an
inspection of the property and check any maintenance works
required against the “End of Tenancy” section of the previous
Tenancy Condition Report.
This will enable you to determine whether any damage has been
caused by the squatters.
L
LS
Record any damage caused by the squatters on the property file.
If appropriate, write a briefing note to the Housing Manager
seeking approval to refer the matter to Legal Services for further
legal action in the Magistrates’ Court.
Arrange for the
maintenance works to be completed and charge the works to the
maintenance budget code for vandalism.
If the squatters are interviewed for an Early Housing Allocation
after they have vacated the property, advise them that they are
liable for the cost of maintenance works completed as a result of
damage caused to the property whilst they were occupying it.
Negotiate an agreement to pay these costs.
If the squatters re-occupy the property
If the same persons re-occupy the property, contact the Police
immediately and request their assistance a second time to
remove them from the property.
If the property is occupied by new squatters, commence the
procedure for the removal of squatters again i.e. visit the property
and interview the occupants and obtain approval to remove the
squatters.
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-25
Illegal Occupancy &
Squatters Appendix
6.5 Illegal Occupancy & Squatters Appendix
6.5.1 Notice to Enter Rented Premises
Department of Human Services
Incorporating: Community Services and Housing
Section 86(1) Residential Tenancies Act 1997
NOTICE TO ENTER RENTED PREMISES
To: ……………………………………………………………………………………
Of: …………………………………………………………………………….
From:
(‘the occupant(s)’)
(the rented premises’)
The Director of Housing of 50 LONSDALE STREET, MELBOURNE
(‘the Landlord’)
TAKE NOTICE that:
1.
2.
Pursuant to Section 86(1) of the Residential Tenancies Act 1997, the Director of Housing,
50 Lonsdale Street, Melbourne, as Landlord, requires to enter the rented premises on the
basis that:

s86(1)(c) entry is required to enable the Landlord to carry out a duty under the
Residential Tenancies Act , the tenancy agreement or any other Act.

s86(1)(e) the Landlord has reasonable grounds to believe the tenant(s) has failed to
comply with his/her duties under the Act or the tenancy agreement.

s86(1)(f) entry is required to enable inspection of the premises & entry for that
purpose has not been made within the last 6 months.
The Director of Housing requires you to permit officers of the Office of Housing,
Department of Human Services, to enter the premises between the hours of
.............. and ...........
3.
on the
............
(day) of .................... (month)
200…..
If entry cannot be obtained, a locksmith will be used to gain entry and will change
the locks. To obtain the keys, you will be required to contact the Housing Office on
phone number …………………… during business hours between 8.45 am and 5.00 pm,
or call the Maintenance Call Centre on 131 172 after hours.
Signed ........................................
Date .................................
For and on behalf of the Director of Housing

Page 6-26
(strike out non applicable sections)
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupancy &
Squatters Appendix
6.5.2 Letter to illegal occupant
<DEPARTMENT NAME>
<date>
<Office Name>
<address>
<address>
<suburb> <post code>
Contact
:
<init>
<surname>
Telephone: <tel number>
Facsimile: <fax number>
<Property Address>
<Suburb> <Post Code>
LETTER TO OCCUPANT
Dear
Re: <Property Address>
We have been advised that you are residing in the above premises and that the tenant has left.
Please note that you are residing in the property without the consent of the Director of Housing
and any licence which you have, or believe you have to remain in the property, is revoked.
We also suggest that you contact <Housing Services Officer> at the <Housing Office>
immediately to discuss your circumstances. They will be able to advise and assist you regarding
other housing assistance options.
The <Housing Office> can also provide you with information about community agencies who
provide housing and non-housing related support services. The telephone number for the office is
<telephone number>.
Please note that the Director of Housing will not enter into any tenancy agreement with you for
the premises and you are required to immediately vacate the property and return any keys,
together with any rent payment card which you may have in your possession, to the housing office
at the above address. Also note that no further temporary rental voucher will be issued for the
property.
If you fail to vacate the premises and return the keys and rent payment card, the Director of
Housing may take further legal action pursuant to section 344 of the Residential Tenancies Act
1997 to recover possession of the property without further notice.
Yours sincerely
Housing Services Officer
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-27
Illegal Occupancy &
Squatters Appendix
6.5.3 Example of an affidavit for legal action in accordance with
S344 of RTA
IN THE MATTER of an Application by the
DIRECTOR OF HOUSING to the Victorian Civil
and Administrative Tribunal pursuant to
Section 344 of the Residential Tenancies Act
1997
AFFIDAVIT OF APPLICANT
1.
I, Steven Kal, advise that I am a Housing Services Officer employed by the Department of Human
Services and I am authorised to make this Affidavit on behalf of the Director of Housing (the Landlord). I
make it from my own knowledge and after making all due and proper enquiries of the Director of
Housing's servants and agents.
2. The Director of Housing is the owner of the premises situated at and known as 123 Melbourne Street,
Melbourne (“the premises”).
3. Until 8 September 1997, the premises were occupied under a Tenancy Agreement by Mr and Mrs Tenant.
4.
The premises are currently occupied by Mr and Mrs Smith, without the licence or consent of the
Applicant. No key has ever been given by the Applicant to the present occupants of the premises who
gained access to the premises illegally and without the knowledge of the Applicant on or about 10
October 1997.
No oral or written tenancy or licence agreement has been entered into by the applicant with the
occupants of the premises who are now claimed as trespassers by the Landlord.
5.
The following steps have been taken to ascertain the names of the persons in occupation of the
premises:
(a) A Housing Services Officer under the direction of the Director of Housing called at the premises
and interviewed the occupants. They gave two different names. Firstly, they stated their names
were Mr and Mrs Garcia and then, they stated their names were Mr and Mrs Citizen and that Mrs
Citizen was the previous tenant's sister.
(b) Enquiries made with the Electricity Authority revealed that a new account for the premises was in
the name of Mr Citizen and commenced on 10 October 1997.
(c) Enquiries made with neighbours revealed that they had observed the previous tenant moving
out on 8 September 1997.
6. Now produced to me and marked with the letter “A” is a copy of the Tenancy Agreement under which the
premises have been rented premises within the 12 months preceding the date of this application to VCAT,
pursuant to Section 344 of the Residential Tenancies Act.
7. On 13 November 1997, the occupants were advised that any licence they had to remain in the premises
was revoked and that they must vacate the premises. Now produced to me and marked with the letter
“B” is a copy of the letter forwarded to the occupants by registered mail, number E151580.
8. The occupants are still residing in the premises without the consent of the applicant. An Order for
Possession is now sought under Section 344 of the Residential Tenancies Act.
Page 6-28
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupancy &
Squatters Appendix
Example of an affidavit for legal action in accordance with S344
of RTA
SWORN by the said
.............................................. .............................................)
at ............................................. ............................................. ................................
)
this ............................... .................................) day of .............................................)
200
.)
Before me: ....................................) Full Name…............................................
Office Address ........................................
.................................................................
Classification:
A person who holds an office in the Public Service that is prescribed as an office to which
Sections 107A and 123C of the Evidence Act 1958 apply.)
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-29
Illegal Occupancy &
Squatters Appendix
6.5.4 Example of an Attestation
<DEPARTMENT NAME>
<date>
<Office Name>
<address>
<address>
<suburb> <post code>
Contact: <init> <surname>
Telephone: <tel number>
Facsimile: <fax number>
<Property Address>
<Suburb> <Post Code>
LETTER TO OCCUPANT
Dear
Re: <Property Address>
We have been advised that the tenant no longer resides at the above property.
As you are residing in the property without the consent of the Director of Housing, any licence
which you have, or believe you have to remain in the property, is hereby revoked and you are
now required to vacate the property.
We will begin legal action to regain possession of the property.
You are requested to contact <Housing Services Officer> at the <Housing Office> immediately to
discuss your circumstances.
The <Housing Office> can provide you with information about community agencies who provide
housing and non-housing related support services. The telephone number for the office is
<telephone number>.
Yours sincerely
Housing Services Officer
A document becomes an attestation once the statement below is written, signed and witnessed.
This is a copy of the letter revoking any licence to the premises marked “B” referred to
in the Affidavit of <Housing Services Officer> sworn the <date>.
Before me: …………………………………
Full Name: ……………………………………
Office Address:
…………………………………………………
A person who holds an office in the Public Service that is prescribed as an office to
which Sections 107A and 123C of the Evidence Act 1958 apply.)
Page 6-30
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Illegal Occupancy &
Squatters Appendix
6.5.5 Application to the Tribunal
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-31
Illegal Occupancy &
Squatters Appendix
6.5.6 Affidavit of Service
AFFIDAVIT OF SERVICE
I, ................................................................................................ of
...........................................................................................................................
Public Servant, make oath and say that acting in my capacity as an Agent of the
DIRECTOR OF HOUSING, did serve a copy of the Order and the Notice pursuant to Section
344
of
the
Residential
Tenancies
Act,
on
all
occupants
of
...............................................................................................................................
.................................................................................................................
(“the
premises”) by affixing the copy of the Order and the Notice to the front door of the
premises on the .................... day of ................................. 20……
at ......... am/pm.
SWORN at ...........................................)
...............................................................)
in the State of Victoria this ..............…)
day of ....................................... 20.....
)
Signed ………………………………
Full Name ………………………………..
Before Me ………………………….
Office Address …………………………..
……………………………………………
(A person who holds an office in the Public Service that is prescribed as
an office to which Sections 107and 123C of the Evidence Act 1958 apply.)
Page 6-32
Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupancy &
Squatters Appendix
6.5.7 Squatters Information Sheet
OFFICE OF HOUSING
A.
PROFILE OF SQUATTED PROPERTY
1. Address
Housing Office
Region
2. Type of Accommodation
Date property
became vacant
3. Previous tenant
Account Number
Date squatting
commenced
4. How did the Housing Office become aware that the property is squatted?
B. PROFILE OF SQUATTERS
5. Number of Squatters involved:
(Complete this section if the details are known.)
Name
Date of
Birth
Income
Source
Total Household
Income
6. Date squatters advised to leave:
7. Are the squatters on the Office of Housing waiting list?
Yes

No

Effective Date of Application:
Waiting List:
8. Assistance provided to squatters eg Bond, Priority Housing
(Specify)
9. Other Comments
Prepared by:
Date:
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-33
Illegal Occupancy &
Squatters Appendix
6.5.8 Authority of Owner of Property
OFFICE OF HOUSING
Section 9 Summary Offences Act 1966
AUTHORITY OF OWNER OF PROPERTY
As owner of the property situated at and known as
.........................................
........................................................................in Victoria ("the property")
I AUTHORISE: ……………………………………………………. Being an Officer of the
Office of Housing to:
1.
Demand any person or persons in or on the property to forthwith leave the
property;
2.
Revoke any licence or right, express or implied, that any person or persons in
or on the property may claim to have to be present in or on the property;
3.
Warn any person wilfully trespassing in or on the property that such person
will be committing an offence against Section 9 of the Summary Offences Act
1966 if he or she neglects or refuses to leave the property after being warned
to leave; and
4.
To request assistance from any police constable or officer to remove and if
necessary to arrest any person or persons on the property.
Date the
day of
20 .
DIRECTOR OF HOUSING
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Illegal Occupants and Squatters: Version 3.1 September 2009
Illegal Occupancy &
Squatters Appendix
6.5.9 Statement of Formal Demand
STATEMENT OF FORMAL DEMAND
The following narrative must be read in 3 stages at the removal of the squatters and
each pause should be long enough to give the squatters reasonable opportunity to
leave the property. The Police determine the length of time necessary between each
stage.
Stage 1
“My name is ............................ I am an authorised officer for the Office of
Housing, and as such, I have the authority to revoke any licence or right that
you may have or claim to have to be in or on this property and I hereby
revoke any such licence or right and request that you immediately leave the
property being ........ (ADDRESS OF PROPERTY) ..........”
Stage 2
If the squatters do not leave, the Police will direct you to state:
“If you do not leave, you will be trespassing and committing an offence
pursuant to Section 9 of the Summary Offences Act 1966 and I will be forced
to call upon a Member of the police force to cause you to be arrested.”
Stage 3
The Police will again direct you to proceed with the removal of the squatters asking
the squatters:
“Will you leave this property now?”
If the squatters still neglect or refuse to leave, refer to the Senior Police Officer, state
the person’s name and rank, and repeat:
“In the presence and hearing of these people I say to you, these persons have
neglected/refused to leave this property after being warned. I have revoked
any licence they may have had and they are trespassers. Will you please
cause them to be arrested if they fail to leave immediately.”
If the squatters neglect or refuse to leave at this stage, they can be arrested by the
Police, charged and forcibly removed.
Illegal Occupants and Squatters: Version 3.1 September 2009
Page 6-35
Illegal Occupancy &
Squatters Appendix
6.5.10 Squatters Action Sheet
OFFICE OF HOUSING
A. ACTION TAKEN BEFORE REMOVAL
1. Date reported to: Assistant Director
2. Approved by the Housing
Services Manager?
Yes

No

Director, Housing Services
Authorised by the
Director of Housing?
Yes

No

Police attendance arranged?
Yes

No

3. Specify the assistance provided to the Squatters eg Bond, Priority Housing
4. Proposed date of removal:
B. RESULTS OF ACTION
5. How did squatters leave the property? (please tick)
Left prior to date of removal
Left of own accord after formal demand
Other (please specify)



Left of own accord after first warning
Forcibly removed after being arrested


6. Date of removal:
7. Name of Police Officer in charge:
Police Station:
8. Name of authorised Housing Services Officer:
9. Was it necessary to remove and store abandoned goods?
Yes

No

If yes, please provide details, eg where stored, name of carrier, storage firm etc.
10.Other comments:
Prepared by:
Date:
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Illegal Occupants and Squatters: Version 3.1 September 2009