Application by a provider or resident of an SDA enrolled dwelling or group home

We hear disputes between accommodation providers and residents living in specialist disability accommodation (SDA) enrolled dwellings or group homes.

Disputes about SDA enrolled dwellings

If you live in, own or manage an SDA enrolled dwelling, VCAT can hear disputes between SDA providers and SDA residents under the Residential Tenancies Act 1997.

An SDA enrolled dwelling is a property or building registered with the National Disability Insurance Agency to provide specialist housing solutions. Accommodation is provided for people with very high support needs, such as people who have extreme functional impairment.

As an SDA provider or SDA resident, you may have either an SDA residency agreement or a residential tenancy agreement (sometimes referred to as a lease).

If you have an SDA residency agreement

Find out the types of applications you can make to VCAT in our guide to making an application as a disability service provider or resident.

If you have a residential tenancy agreement (lease) you want VCAT to end

Under section 234A of the Residential Tenancies Act 1997, you can apply to end your residential tenancy agreement if you meet the following conditions:

  • you are an SDA resident
  • you have a residential tenancy agreement
  • you want to end your agreement because you were given incorrect information, or were deceived or coerced into the agreement.

Learn the circumstances in which you can apply for this and the orders you can ask for in our guide to making an application as a disability service provider or resident.

If you have a residential tenancy agreement (lease) and have any other type of dispute

If you are an SDA resident with a residential tenancy agreement, you will need to quote the relevant section number of the Residential Tenancies Act 1997 that you are applying under. Find a list of common disputes we hear and their section numbers.

Disputes about group homes

If you live in or manage a group home, you can apply to VCAT under the Disability Act 2006.

A group home is specialist residential accommodation other than an SDA enrolled dwelling:

  • that is run by a disability service provider
  • where residents are provided with disability services
  • that is declared to be a group home.

You can apply about:

  • the amount of a residential charge when services have been reduced and you are a disability service provider or resident
  • an increase in charges you have to pay as a resident
  • challenging a notice to vacate (if you are a resident)
  • seeking an order for possession (if you are a disability service provider and you have already sent a notice to vacate)
  • requesting an extension of time on a warrant (if you are a disability service provider with a warrant).

Application fees

If you have an SDA residency agreement

There are no application fees.

If you have a residential tenancy agreement (lease) and your dispute is about an SDA enrolled dwelling

Application fees apply. See fees for rental disputes.

If your dispute is about a group home

There are no application fees.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

When your dispute is about regaining possession of a property, you do not need permission from VCAT to be legally represented.

Find legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

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.

Legislation that applies to this type of case