Before you apply – Residential tenancy disputes
Residential disputes between tenants and landlords, residents and owners of caravan parks or rooming houses, renters and the Director of Housing, and about specialist disability accommodation and supported residential services.
What we can help with
- Unpaid rent
- Problems with claiming the bond after a tenancy or residency ends
- Repairs, maintenance, damages or changes to the property the tenant wants to make
- Pets and renting
- Excessive rent increases
- Termination and possession orders
What’s pets and renting?
For example, you are a landlord, your tenant has given you notice that they want a pet and you don’t agreeWhat are termination and possession orders?
A termination order ends the tenancy on the date stated in the order. The tenant is expected to leave by this date.
If the tenant doesn’t leave, then the landlord can ask us for a possession order. If the tenant doesn’t leave by the date in the order, they can apply for a warrant of possession so the police can evict the tenant.
- Change the rental agreement for someone affected by personal or family violence
- Unreasonable caravan park, rooming house or site rules
- When a tenant or landlord doesn’t meet their responsibilities
- Compensation for a resident when a caravan park or site closes
- Restraining order
What’s 'change the rental agreement for someone affected by personal or family violence'?
If you’re affected by family violence you can:
- apply to get out of your rental agreement early
- apply to stay in the property but change the rental agreement to your name by creating a new agreement
- ask VCAT to make a decision about the bond.
What does ‘when a tenant or landlord doesn’t meet their responsibilities’ mean?
If the tenant or landlord doesn’t meet their legal obligations, the other party can serve them with a ‘breach of duty’ notice. This is a formal warning to them. If they don’t comply, you can apply to VCAT for a compensation or compliance order.What’s a restraining order?
A restraining order forces someone to do or stop doing something to comply with their legal responsibilities.What we can't help with
- Disputes between neighbours, between co-tenants or between landlords – get advice from Dispute Settlement Centre of Victoria
- Bond refunds where there is no dispute – go to Residential Tenancies Bond Authority (RTBA)
- Family Violence or Personal Safety Intervention Orders – contact Victoria Police or your local Magistrates Court
Can’t see what you’re looking for?
- Disputes about retail or commercial leases – see Retail and commercial leases
- Disputes between landlords and estate agents – see Goods and services
Temporary changes to renting law due to COVID-19
COVID-19 Emergency measures have changed renting laws and VCAT applications you can make from 29 March 2020 to 28 March 2021. Find out more.
Get a referral before you apply
Make sure you ask Consumer Affairs Victoria (CAV) for a referral to VCAT.
We can accept your application without it but if you don’t have this at the hearing, it will be delayed (adjourned).
Get help and advice before you apply
We can help you understand how to apply. We can’t give you legal advice or tell you what to write in your application. These organisations may be able to help you.
Example cases
Case 1: Urgent repairs
Your heater is broken and you can’t afford to have it fixed. You email the landlord and ask them to fix it, but they haven’t organised the repairs. You can apply to VCAT to order your landlord to have your heater fixed.
Case 2: Unpaid rent
Your tenant is behind on paying their rent. You have spoken to them but they haven’t paid.
You contact Consumer Affairs Victoria for a referral to VCAT. They explain to you that you can apply to VCAT for a termination order to end their lease by a certain date. If they don’t leave on that date, you can then apply for a possession order.
When we make a decision we consider:
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if the tenant has a reason for not paying related to COVID-19
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if paying the rent would cause them severe hardship.
if it’s reasonable and proportionate to make the order taking into account the interests of all parties to the agreement.
Help and support
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I'm experiencing financial hardship. How can I ask for a rent reduction?
VCAT suggests you contact your landlord via your agent (where applicable) to discuss what options may be available to you.
If you're experiencing difficulties visit Consumer Affairs Victoria for further information.
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How do I get family violence support?
If you’re affected by family violence, we have a family violence support worker who can support you. They will work with you to make sure you are safe at the hearing and have access to justice.
You can call the VCAT family violence support worker on 03 9628 9856 during business hours.
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How does VCAT support Aboriginal people?
We offer support to ensure VCAT is culturally safe and inclusive for Aboriginal and Torres Strait Islander people.
We can help you with:
- booking a Koori hearing room
- organising a Koori Engagement Officer to attend your hearing or mediation with you
- general information and advice about VCAT processes.
Call our Koori Helpline to speak to a Koori Engagement Officer on 0417 516 335, Monday to Friday, 8am-5pm.
Read more about Koori support at VCAT -
My case is being heard by phone or videoconference, what is the process?
VCAT will contact you to let you know the scheduled time for the hearing.
A phone hearing or videoconference is no different to a hearing in person, so ensure you are in a quiet location and have any relevant paperwork at hand.
Find out more information about what to expect on your hearing day.
If you want more information or need to tell us about an alternative number or party name, call 1300 01 8228.
Make sure you check upcoming hearings to keep up to date with your hearing time. Due to capacity issues, we may not be able to remind you when your upcoming hearing is.
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What can I do if I can’t pay the fees?
If you believe paying VCAT fees would cause you financial hardship, you can apply for fee relief at the same time you apply to VCAT.
If we agree, this means we may:
- waive the fee
- reduce the amount you have to pay
- postpone the amount you have to pay.
Any individual can apply for fee relief, including people who don’t have a concession card, but you must meet eligibility criteria. We’ll ask you to give us a summary of your personal financial situation to support your application.
You only need to apply once. Our decision applies to all VCAT fees you’re asked to pay in your case.