Application by a disability service provider or resident

If you are a disability service provider or a resident of a community residential unit run by a disability service provider, you can apply to VCAT to:

  • hear disputes under sections 70 and 72 of the Residential Tenancies Act 1997 about residential charges paid by a resident in a community residential unit run by a disability service provider
  • review notices under sections 82, 84 and 85 of the Residential Tenancies Act 1997 and section 76 of the Disability Act 2006 to vacate given to residents of community residential units by service providers
  • hear disputes under section 74(1) of the Residential Tenancies Act 1997 about notices of temporary relocation
  • make orders for possession under sections 82 and 84 of the Residential Tenancies Act 1997 (requiring residents to vacate a community residential unit) and other orders dealing with non-payment of rent and other problems.

Cases VCAT can hear

VCAT can:

  • hear disputes about the amount of the residential charge paid by a resident in a community residential unit run by a disability service provider. These applications may be made under sections 70 and 72 of the Residential Tenancies Act 1997
  • review notices to vacate given to residents of community residential units by service providers, under sections 82, 84 and 85 of the Residential Tenancies Act 1997 and section 76 of the Disability Act 2006     
  • hear disputes about notices of temporary relocation under section 74(1) of the Residential Tenancies Act 1997
  • make orders for possession requiring residents to vacate a community residential unit and other orders dealing with non-payment of rent and other problems.
  • Apply online using the Residential Tenancies Hub. If you cannot use the Residential Tenancies Hub, you can apply with our PDF application form. If the application is made by a person with a disability, VCAT serves the application on the other parties. For applicants who do not have a disability, send the completed application form to VCAT and then within seven days, send it to the other parties. If you send it to the other parties first, send it to VCAT within seven days. Read more about applying to VCAT.

  • When VCAT processes your application form we assign you a reference number and send you a letter. The letter tells you what to do next. Generally cases heard under the Residential Tenancies List are short and often go straight to final hearing without a directions hearing. Read more about what happens when VCAT opens a case.

  • We encourage you to negotiate with the other party to reach a resolution. At VCAT we often use mediation or compulsory conferences as a way to resolve disputes before going to a hearing. However, as most cases in the Residential Tenancies List are short, and involve amounts less than $1000, we rarely schedule compulsory conferences. Read more about resolving a case by agreement.

  • The VCAT member decides the case based on the evidence given at the hearing. If you are an applicant you need to prove what you are claiming. In the same way, if you are a respondent you need to back up your defence with evidence. The best evidence is what you and your witnesses give verbally, supported by original documents. Read more about how to prepare for a final hearing.

  • Arrive at VCAT with plenty of time so that you are not late for your hearing. When your case is called, move into the hearing room and make sure you are ready to present your case. Usually the applicant and the applicant's witnesses give evidence first. Then the respondent and the respondent's witnesses give their evidence. Read more about what to expect on hearing day.

  • In the Residential Tenancies List the VCAT member generally gives a decision to the parties verbally. If you want reasons to be provided in writing you should make your request at the beginning of the hearing. If you wait until the end of hearing it may be too late to ask for the decision to be provided in writing. Read more about what to expect after the final hearing.

Professional representation

You do not need to have legal or other professional representation to appear at VCAT.

For cases heard under the Residential Tenancies List, most landlords are represented by an estate agent. If you are a tenant and your landlord is represented by their real estate agent, you are automatically entitled to professional representation. Read more about professional representation at VCAT.

Remember your reference number 

VCAT gives you a reference number for your case. Use this number whenever you call or write to us or the other people involved in the case.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

sections 70, 72, 74(1), 82, 84 and 85 Residential Tenancies Act 1997

section 76 Disability Act 2006