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Common residential tenancy issues and section numbers
This is a list of the most common types of rental property disputes 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 |
419A |
|
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 |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $40,000) |
209 |
|
Compensation (up to $40,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $40,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Restraining orders/injunctions |
472(1)(a), (b) |
|
General issue |
452(1) |
|
Reduction of a fixed term tenancy – severe hardship |
91U |
|
Order declaring premises abandoned |
91ZG |
|
Order terminating rental agreement – death of renter |
91N(4) |
|
Possession – renter has given a notice of intention to vacate but has not left |
322(2) |
|
Possession – premises occupied without consent |
344 |
|
Extension of time for a warrant to be executed |
354 |
|
Subsequent warrant |
472(g) |
|
Renters (tenants)
Issues commonly lodged by renters (tenants)
Description of application | Section number | Documents or information to include with the application |
Bond |
419A |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $40,000) |
209 |
|
Compensation (up to $40,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $40,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Urgent repairs |
73 |
|
Non-urgent repairs |
75 |
|
Restraining orders/injunctions |
472(1)(a), (b) |
|
General issue |
452(1) |
|
Ending or creating a new rental agreement due to personal or family violence |
91V |
|
Creation of a rental agreement |
91S |
|
Compensation or return of goods or personal documents |
397 |
|
Compensation for loss of goods or personal documents |
398 |
|
Rooming house operators
Issues commonly lodged by rooming house operators
Description of application | Section number | Documents or information to include with the application |
Bond |
419A |
|
Bond – unpaid rent and loss or damage or both |
419A |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $20,000) |
209 |
|
Compensation (up to $20,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $20,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Restraining orders/injunctions |
472(1)(c)-(d) |
|
General issue |
452(2) |
|
Order declaring premises abandoned |
142Z |
|
Extension of time for a warrant to be executed |
354 |
|
Subsequent warrant of possession |
472(g) |
|
Rooming house residents
Issues commonly lodged by rooming house residents
Description of application | Section number | Documents or information to include with the application |
Bond |
419A |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $20,000) |
209 |
|
Compensation (up to $20,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $20,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Urgent repairs The resident wants the rooming house operator to carry out an urgent repair. |
130 |
|
Non-urgent repairs |
132 |
|
Restraining orders/injunctions |
452, 472(1)(a)-(db) |
|
General issue |
452(2) |
|
Unreasonable house rules |
128 |
|
Compensation or return of goods or personal documents |
397 |
|
Compensation for loss of goods or personal documents |
398 |
|
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 |
419A |
|
Bond – unpaid rent and loss or damage or both |
419A |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $20,000) |
209 |
|
Compensation (up to $20,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $20,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Restraining orders/injunctions |
472(1)(c)-(d) |
|
General issue |
452(3) |
|
Order declaring site or caravan abandoned |
206AP |
|
Extension of time for a warrant of possession to be executed |
354 |
|
Subsequent warrant of possession |
472(g) |
|
Caravan residents
Issues commonly lodged by caravan residents
Description of application | Section number | Documents or information to include with the application |
Bond |
419A |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $20,000) |
209 |
|
Compensation (up to $20,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $20,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Urgent repairs |
189 |
|
Non-urgent repairs |
191 |
|
Restraining orders/injunctions |
452, 472(1)(a)-(db) |
|
General issue |
452(3) |
|
Unreasonable park rules |
187 |
|
Ending or creating a new residency agreement due to personal or family violence in a caravan park |
206AG |
|
Compensation or return of goods or personal documents |
397 |
|
Compensation for loss of goods or personal documents |
398 |
|
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 |
419A |
|
Bond – unpaid rent and loss or damage or both |
419A |
|
Bond and compensation |
419A, 452 |
|
Compensation or compliance order (up to $100,000) |
209 |
|
Compensation (up to $100,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader issues or small claims (compensation over $100,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Restraining orders/injunctions |
472(1)(da), (db) |
|
General issue |
452(3A) |
|
Order declaring premises abandoned |
207V |
|
Extension of time for a warrant of possession to be executed |
354 |
|
Subsequent warrant of possession |
472(g) |
|
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 |
419A |
|
Bond and compensation – site tenant |
419A, 452 |
|
Compensation or compliance order (up to $100,000) |
209 |
|
Compensation (up to $100,000) |
452, 472(1)(f) |
|
Settlement of consumer and trader disputes or small claims (compensation over $100,000) |
452, 472(1)(f), 184 (under Australian Consumer Law and Fair Trading Act 2012) |
|
Restraining orders/injunctions |
452, 472(1)(a)-(db) |
|
General issue |
452(3A) |
|
Unreasonable park rules |
206ZZA |
|
Ending or creating a new site agreement due to personal or family violence |
207M |
|
Compensation or return of goods or personal documents |
397 |
|
Compensation for loss of goods or personal documents |
398 |
|
Apply now
To make an application, go to: Residential tenancies.
What are urgent repairs?
Urgent repairs are defined in the Act and include:
- repairs to restore essential services such as water, gas or electricity
- repairs to appliances for cooking or heating
- repairs required for safety reasons.
Consumer Affairs Victoria has a list of urgent repairs. All other repairs are considered non urgent.