Common residential tenancy issues and section numbers

This is a list of the most common types of renting issues taken to VCAT. The section numbers may help you complete your application, understand why you have been taken to VCAT and learn the types of supporting documents you should gather.

This page lists common types of renting issues taken to VCAT.

If you are applying to VCAT, you must quote the section number of the Residential Tenancies Act 1997 that your issue falls under. Write the section number in the claim details section of the application form. You may also have to provide supporting documents as part of your application.

If you have received a notice of hearing, you can read what the section numbers on your notice mean.

Rental providers (landlords)

Issues commonly lodged by rental providers (landlords)

Description of application Section number Documents or information to include with the application

Bond
The renter and rental provider have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.
Bond – unpaid rent and loss or damage or both
The rental provider wants money out of the bond for unpaid rent, and/or compensation for loss or damage to the property. The renter has not agreed to it.
419A
  • Provide a copy of the RTBA receipt.
  • Explain how the renter breached their obligation.
  • Provide details of each item of loss or damage claimed due to the breach, and the amount claimed for each item.

Bond and compensation
The rental provider wants money out of the bond and for the renter to pay further compensation for unpaid rent, and/or loss or damage to the property.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the renter breached their obligation under the rental agreement or Act.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $40,000)
The rental provider wants an order that the renter must comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the renter. The renter still lives at the property.

209

  • Provide a copy of the breach of duty notice under s208 of the Act.
  • If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $40,000)
The rental provider wants to claim compensation from the renter for loss or damage up to $40,000.

452, 472(1)(f)

  • Explain how the renter breached their obligation.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $40,000)
The rental provider wants to claim compensation from the renter for loss or damage of more than $40,000.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)
  • Explain how the renter breached their obligation.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The rental provider wants an order that the renter stop doing something that is a breach of their obligations or that they do something to meet their obligations.

472(1)(a), (b)

  • Explain the relevant obligation and the orders you want to fix the problem.

General issue
The rental provider wants compensation or other orders against the renter not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the rental agreement.

452(1)

  • Explain the issue and the orders you are seeking.
  • If the claim includes compensation, explain how the renter breached their obligation.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Reduction of a fixed term tenancy severe hardship
The applicant wants VCAT to make orders reducing the term of a fixed term agreement because of severe hardship.

91U

  • Provide a copy of the rental agreement.
  • Explain why you are suffering severe hardship and why you want the fixed term agreement to end early.

Order declaring premises abandoned
The rental provider believes the renters have left permanently and wants VCAT to declare the premises abandoned.

91ZG

  • Explain why you believe the premises have been abandoned.

Order terminating rental agreement – death of renter
The rental provider wants to end a rental agreement because the renter has passed away and it is not possible to give a notice to vacate to the renter's legal personal representative or next of kin.

91N(4)

  • Provide details of the basis for the belief that the renter has died.

Possession – renter has given a notice of intention to vacate but has not left
The rental provider wants to take possession of the property where the renter has given the rental provider a notice of intention to vacate, but has not left.

322(2)

  • Provide a copy of the renter's notice of intention to vacate.
  • Explain how you have relied on the notice and why you want the property back.

Possession – premises occupied without consent
The rental provider wants to take back the property where the renters have left within the last 12 months and squatters are now the only people living there – that is, the property is occupied solely by a person without the rental provider's consent.

344

  • Explain when the renters left and who now occupies the property (if known).

Possession based on a termination order
The rental provider has obtained a termination order from VCAT and the renter has not left by the date specified in that order. The rental provider wants an order to remove the renter.

322(1), r6(2)

  • VCAT reference number for the termination order

Extension of time for a warrant to be executed
The rental provider wants the time in which a warrant of possession may be executed by police to be extended.

354

  • Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant
A warrant of possession has lapsed and the rental provider is applying for another warrant.

472(g)

  • Explain why you are seeking another warrant.

Renters (tenants)

Issues commonly lodged by renters (tenants)

Description of application Section number Documents or information to include with the application

Bond
The renter and rental provider have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond and compensation
The renter wants VCAT to order that the bond be paid back to the renter and for the rental provider to pay further compensation for loss because the rental provider has not complied with a duty or obligation.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the rental provider breached their obligation under the rental agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $40,000)
The renter wants an order that the rental provider comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the rental provider. This does not include compliance with repairs notices under section 75.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • Outline how any compensation claimed was calculated.

Compensation (up to $40,000)
The renter wants to claim compensation of up to $40,000 for loss because the rental provider breached a duty or obligation.

452, 472(1)(f)

  • Explain how the rental provider breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $40,000)
The renter wants compensation of more than $40,000 for loss because the rental provider breached a duty or obligation.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)
  • Explain how the rental provider breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Urgent repairs
The renter wants VCAT to direct the rental provider to carry out an urgent repair

73

  • Specify the repairs needed and why you think they are urgent.
  • Outline the cost or estimated cost.
  • If under $2,500, explain whether the rental provider refused to reimburse the cost or why you cannot afford to undertake the repairs and seek reimbursement from the rental provider.

Non-urgent repairs
The renter wants VCAT to direct the rental provider to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria or has given the rental provider a notice to repair.

75

  • Provide a copy of the Director's report from Consumer Affairs Victoria or the notice to repair that was given to the rental provider.
  • Specify the repairs needed.

Restraining orders/injunctions
The renter wants an order that the rental provider stop doing something that is a breach of their obligations or that they do something to meet their obligations.

472(1)(a), (b)

  • Explain the relevant obligation and the orders you want to fix the problem.

General issue
The renter wants compensation or orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the rental agreement.

452(1)

  • Explain the issue and the orders you are seeking.
  • If claiming compensation, explain how the rental provider breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Ending or creating a new rental agreement due to personal or family violence
Someone living in a rental property wants to end a rental agreement or enter into a new rental agreement because they are experiencing (or have experienced) personal or family violence from a person on the rental agreement.

91V

Creation of a rental agreement
A person who is not a renter but lives at the rented premises wants the rental provider to enter into a rental agreement with them because either the rental provider has applied to VCAT for a possession order, the renter has given notice of intention to vacate, the renter has left the premises, or the renter has died.

91S

  • Provide a copy of any relevant notice, VCAT application or evidence of the renter no longer residing at the property.

Compensation or return of goods or personal documents
The renter or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation.

397

  • Provide details of the goods or personal documents that you want returned.
  • If claiming compensation, explain how the rental provider breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The renter or owner of goods or documents wants compensation because the rental provider wilfully or recklessly damaged or lost the stored goods or personal documents after the end of the tenancy.

398

  • Provide details of the goods or personal documents.
  • Explain why you think the owner or rental provider wilfully or recklessly damaged or lost your goods or documents.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Rooming house operators

Issues commonly lodged by rooming house operators

Description of application Section number Documents or information to include with the application

Bond
The resident and rooming house operator have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond – unpaid rent and loss or damage or both
The rooming house operator wants money out of the bond for unpaid rent and/or compensation for loss or damage to the property. The resident has not agreed to it.

419A

  • Provide a copy of the RTBA receipt.
  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Bond and compensation
The rooming house operator wants money out of the bond and for the resident to pay further compensation for unpaid rent and/or loss or damage to the property.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $20,000)
The rooming house operator wants an order that the resident comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the resident. The resident still lives at the property.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $20,000)
The rooming house operator wants to claim compensation from the resident for loss or damage up to $20,000.

452, 472(1)(f)

  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $20,000)
The rooming house operator wants to claim compensation from the resident for loss or damage of more than $20,000.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)

  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The rooming house operator wants an order that the resident stop doing something that is a breach of their obligations or that they do something to meet their obligations.

472(1)(c)-(d)

  • Explain the resident's obligation and the orders you want to fix the problem.

General issue
The rooming house operator wants orders against the resident not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency.

452(2)

  • Explain the issue and what orders you are seeking.
  • If the claim includes compensation, explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Possession based on a termination order
The rooming house operator has obtained a termination order from VCAT and the resident has not left by the date specified in that order. The rooming house operator wants an order to remove the resident.

323(a), r6(2)

  • VCAT reference number for the termination order

Order declaring premises abandoned
The rooming house operator claims the resident has left permanently and wants VCAT to declare the room abandoned.

142Z

  • Explain why you believe the room has been abandoned.

Extension of time for a warrant to be executed
The rooming house operator wants the time in which a warrant of possession may be executed by police to be extended.

354

  • Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant of possession
A warrant of possession has lapsed and the rooming house operator is applying for another warrant.

472(g)

  • Explain why you are seeking another warrant.

Rooming house residents

Issues commonly lodged by rooming house residents

Description of application Section number Documents or information to include with the application

Bond
The resident and rooming house operator have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond and compensation
The resident wants money out of the bond and for the rooming house operator to pay further compensation for loss.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the rooming house operator breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $20,000)
The resident wants an order that the rooming house operator comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the rooming house operator. This does not include compliance with a repairs notice under section 132.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • Outline how any compensation claimed has been calculated.

Compensation (up to $20,000)
The resident wants to claim compensation up to $20,000 for loss.

452, 472(1)(f)

  • Explain how the rooming house operator breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $20,000)
The resident wants compensation of more than $20,000 for loss.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)

  • Explain how the rooming house operator breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.
Urgent repairs
The resident wants the rooming house operator to carry out an urgent repair.

 

130

  • Specify what repairs are needed and why you think they are urgent.
  • Outline the cost or estimated cost.
  • If under $2,500, explain whether the rooming house operator refused to reimburse the cost or why you cannot afford to undertake the repairs and seek.

Non-urgent repairs
The resident wants the rooming house operator to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria or has given the rooming house operator a notice to repair.

132

  • Provide a copy of the Director's report from Consumer Affairs Victoria or the notice to repair given to the rooming house operator.
  • Specify what repairs are needed.

Restraining orders/injunctions
The resident wants an order that the rooming house operator stop doing something that is a breach of their obligations, or that they do something to meet their obligations.

452, 472(1)(a)-(db)

  • Explain the relevant obligation and the orders you want to fix the problem.

General issue
The resident wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency agreement.

452(2)

  • Explain the issue and the orders you are seeking.
  • If claiming compensation, explain how the rooming house operator breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Unreasonable house rules
The resident wants VCAT to declare a house rule to be unreasonable and invalid.

128

  • Explain what the house rule is, why you think it is unreasonable and how it affects you.
  • Provide a copy of the house rules.

Compensation or return of goods or personal documents
The resident or owner of the goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation.

397

  • Provide details of the goods or personal documents that you want returned.
  • If claiming compensation, explain how the rooming house operator breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The resident or owner of goods or documents wants compensation because the rooming house operator wilfully or recklessly damaged or lost their stored goods or personal documents after the end of the residency.

398

  • Provide details of the goods or personal documents.
  • Explain why you think the rooming house operator wilfully or recklessly damaged or lost goods or documents.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Caravan owners or caravan park owners

Issues commonly lodged by caravan owners or caravan park owners

Description of application Section number Documents or information to include with the application

Bond
The resident and owner have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond – unpaid rent and loss or damage or both
The caravan park/caravan owner wants money out of the bond for unpaid rent or hiring charges, and/or compensation for loss or damage to the property. The resident has not agreed to it.

419A

  • Provide a copy of the RTBA receipt.
  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Bond and compensation
The caravan park/caravan owner wants money out of the bond and for the resident to pay further compensation for unpaid rent or hiring charges, and/or loss or damage to the property.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Compensation or compliance order (up to $20,000)
The caravan park/caravan owner wants the resident to comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the resident. The resident still lives at the park.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $20,000)
The caravan park/caravan owner wants to claim compensation up to $20,000 from the resident for loss or damage.

452, 472(1)(f)

  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $20,000)
The caravan park/caravan owner wants to claim compensation from the resident for loss or damage of more than $20,000.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)

  • Explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Restraining orders/injunctions
The caravan park/caravan owner wants an order that the resident stop doing something that is a breach of their obligations or that they do something to meet their obligations.

472(1)(c)-(d)

  • Explain the relevant obligation and the orders you want to fix the problem.

General issue
The caravan park/caravan owner wants orders against the resident not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency agreement.

452(3)

  • Explain the issue and the orders you are seeking.
  • If the claim includes compensation, explain how the resident breached their obligation under the residency agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Order declaring site or caravan abandoned
The caravan park/caravan owner claims the residents have left permanently and wants VCAT to declare the site or caravan abandoned.

206AP

  • Explain why you believe the site or caravan has been abandoned.

Possession based on a termination order
The caravan park/caravan owner has obtained a termination order from VCAT and the resident has not left by the date specified in that order. The caravan park/caravan owner wants an order to remove the resident.

324(1), r6(2)

  • VCAT reference number for the termination order made by VCAT

Extension of time for a warrant of possession to be executed
The caravan park/caravan owner wants the time in which a warrant of possession may be executed by police to be extended.

354

  • Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant of possession
A warrant of possession has lapsed, and the caravan park/caravan owner wants another warrant.

472(g)

  • Explain why you are seeking another warrant.

Caravan residents

Issues commonly lodged by caravan residents

Description of application Section number Documents or information to include with the application

Bond
The resident and owner have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond and compensation
The resident wants money out of the bond and for the caravan park/caravan owner to pay further compensation for loss.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the caravan park/caravan owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount has been calculated.

Compensation or compliance order (up to $20,000)
The resident wants the caravan park/caravan owner to comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the owner. This does not include compliance with a repairs notice under section 191.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • Outline how any compensation claimed has been calculated.

Compensation (up to $20,000)
The resident wants to claim compensation up to $20,000 for loss.

452, 472(1)(f)

  • Explain how the caravan park/caravan owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $20,000)
The resident wants compensation of more than $20,000 for loss.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)

  • Explain how the caravan park/caravan owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Urgent repairs
The resident wants VCAT to direct the caravan park/caravan owner to carry out an urgent repair

189

  • Specify the repairs needed and why you think they are urgent.

Non-urgent repairs
The resident wants VCAT to direct the caravan park/caravan owner to carry out non-urgent repairs.

191

  • Specify the repairs needed.

Restraining orders/injunctions
The resident wants an order that the caravan park/caravan owner stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472(1)(a)-(db)

  • Explain the relevant obligation and the orders you want to fix the problem.
  • If claiming compensation, explain how the caravan/ caravan park owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

General issue
The resident wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency agreement.

452(3)

  • Explain the issue and the orders you are seeking.
  • If claiming compensation, explain how the caravan park/caravan owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Unreasonable park rules
The resident wants VCAT to declare a park rule to be unreasonable and invalid.

187

  • Explain the park rule, why you think it is unreasonable and how it affects you.
  • Provide a copy of the park rules.

Ending or creating a new residency agreement due to personal or family violence in a caravan park
Someone living in a caravan/caravan park wants to end a residency agreement or enter into a new residency agreement because they are experiencing (or have experienced) personal or family violence from a person on the residency agreement

206AG

Compensation or return of goods or personal documents
The resident or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation.

397

  • Provide details of the goods or personal documents you want returned.
  • If claiming compensation, explain how the caravan park owner or caravan owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The resident or owner of goods or documents wants VCAT to order compensation because the caravan park/caravan owner wilfully or recklessly damaged or lost stored goods or personal documents after the end of a residency.

398

  • Provide details of the goods or personal documents.
  • Explain why you think the caravan park/caravan owner wilfully or recklessly damaged or lost your goods or documents.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Residential Park (Part 4A site) owners

Issues commonly lodged by residential park (Part 4A site) owners

Description of application Section number Documents or information to include with the application

Bond
The site tenant and owner have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond – unpaid rent and loss or damage or both
The site owner wants money out of the bond for unpaid rent, and/or compensation for loss or damage. The site tenant has not agreed to it.

419A

  • Provide a copy of the RTBA receipt.
  • Explain how the site tenant breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Bond and compensation
The site owner wants money out of the bond and for the site tenant to pay further compensation for unpaid rent and/or loss or damage.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the site tenant breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $100,000)
The site owner wants the site tenant to comply with a duty or to pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the site tenant. The site tenant still lives in the park.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $100,000)
The site owner wants to claim compensation from the site tenant for loss or damage up to $100,000.

452, 472(1)(f)

  • Explain how the site tenant breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader issues or small claims (compensation over $100,000)
The site owner wants to claim compensation from the renter for loss or damage of more than $100,000.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)

  • Explain how the site tenant breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The site owner wants an order that the site tenant stop doing something that is a breach of their obligations or that they do something to meet their obligations.

472(1)(da), (db)

  • Explain the relevant obligation and the orders you want to fix the problem.

General issue
The site owner wants orders against the site tenant not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the site agreement.

452(3A)

  • Explain the issue and what orders you are seeking.
  • If the claim includes compensation, explain how the site tenant breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Order declaring premises abandoned
The site owner claims the site tenants have left permanently and wants VCAT to declare the site abandoned.

207V

  • Explain why you believe the site has been abandoned.

Possession based on a termination order
The site owner has obtained a termination order from VCAT and the site tenant has not left by the date specified in that order. The site owner wants an order to remove the site tenant.

324A(1), r6(2)

  • VCAT reference number for the termination order made by VCAT

Extension of time for a warrant of possession to be executed
The site owner wants the time in which a warrant of possession may be executed by police to be extended.

354

  • Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant of possession
A warrant of possession has lapsed and the site owner wants another warrant.

472(g)

  • Explain why you are seeking another warrant.

Residential park (Part 4A site) tenants

Issues commonly lodged by site tenants

Description of application Section number Documents or information to include with the application

Bond – site tenant
The site tenant and owner have an issue with the bond and want VCAT to make an order about the payment of the bond.

419A

  • Provide a copy of the RTBA receipt.

Bond and compensation – site tenant
The site tenant wants money out of the bond and for the site owner to pay further compensation for loss.

419A, 452

  • Provide a copy of the RTBA receipt.
  • Explain how the site owner breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $100,000)
The site tenant wants an order that the site owner comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the site owner. The site tenant still lives in the park.

209

  • Provide a copy of the breach of duty notice under section 208 of the Act.
  • Outline how any compensation claimed has been calculated.

Compensation (up to $100,000)
The site tenant wants to claim compensation for loss of up to $100,000.

452, 472(1)(f)

  • Explain how the site owner breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $100,000)
The site tenant wants compensation of more than $100,000.

452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012)

  • Explain how the site owner breached their obligation under the site agreement or Act.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The site tenant wants an order that the site owner stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472(1)(a)-(db)

  • Explain the relevant obligation and the orders you want to fix the problem.

General issue
The site tenant wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the site agreement.

452(3A)

  • Explain the issue and the orders you are seeking.
  • If claiming compensation, explain how the site owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Unreasonable park rules
The site tenant wants VCAT to declare a park rule to be unreasonable and invalid.

206ZZA

  • Explain what the park rule is, why you think it is unreasonable and how it affects you.
  • Provide a copy of the park rules.

Ending or creating a new site agreement due to personal or family violence
A party to a site agreement, or someone living in a Part 4A dwelling who is an owner or part-owner of the dwelling but is not on the site agreement, wants to end a site agreement or enter into a new site agreement because they are experiencing (or have experienced) personal or family violence from a party to the site agreement.

207M

Compensation or return of goods or personal documents
The site tenant or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the site and wrongfully retained, and/or wants compensation.

397

  • Provide details of the goods or personal documents that you want returned.
  • If claiming compensation, explain how the site owner breached their obligation.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The site tenant or owner of goods or documents wants compensation because the site owner wilfully or recklessly damaged or lost stored goods or personal documents after the end of a site agreement.

398

  • Provide details of the goods or personal documents.
  • Explain why you think the site owner has wilfully or recklessly damaged or lost goods or documents.
  • Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Apply now

To make an application, go to: Residential tenancies.