​Application by a site tenant or site owner

If you are a site tenantDefinitionResidents who own their own dwelling but rent the underlying land. or site owner of a residential park you may be able to apply to VCAT about a renting dispute under Part 4 of the Residential Tenancies Act 1997.

A residential park is called a Part 4A site in the Act. You are a site tenant (resident) if you own a dwelling and pay rent for the site it is located on. 

Changes to renting laws

Under the Residential Tenancies (Covid-19 Emergency Measures) Regulations 2020 (reg 12), which took effect on 13 May 2020:

  • VCAT can accept but is not able to consider your application at a hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. unless you have contacted Consumer Affairs Victoria and have been provided with a referral to VCAT
  • this means if you have not obtained a referral from Consumer Affairs Victoria by the time of the hearing, the hearing will not be able to proceed
  • at the VCAT hearing, if VCAT does not have evidence that Consumer Affairs Victoria has referred your dispute to VCAT, the hearing will be adjourned until you obtain a referral.

To obtain a referral, complete CAV's application form.

For more information about COVID-19 and your rights, go to Consumer Affairs Victoria's website.


Cases VCAT can hear

VCAT can hear disputes between site tenants and site owners.

Cases VCAT cannot hear

VCAT cannot hear disputes between tenants and tenants, or disputes between neighbours.

Notices you must attach to your application

When you make your application you must attach the correct notices or we will not be able to process your form.

Site tenants

Attach the relevant document to your application if you are applying under one of these sections of the Act:

  • section 209, compensation or compliance – attach a copy of breach of duty notice given under section 208 of the Act
  • section 206ZZA, order declaring invalid an unreasonable part 4A park rule – attach a copy of the park rule)
  • section 215B(4), compensation for residential park closure – attach a copy of notice to vacate
  • section 317U, 14 days notice of intention to vacate following failure to comply with order made under s. 212 – attach a copy of the order
  • section 317V, 14 days Notice of intention to vacate following successive breaches by site owner – attach a copy of the breach of duty notices
  • section 317M, application for termination of existing site agreement and creation of new site agreement because of final family violence order – attach a copy of breach of final family violence order made under the Family Violence Protection Act 2008
  • section 317Q, reduction of fixed term site agreement because of family violence intervention orderDefinitionA court order that prohibits a person from harming or harassing someone. – attach a copy of breach of family violence intervention order made under the Family Violence Protection Act 2008
  • section 317ZH, challenge to validity of s. 317ZF notice to vacate – attach copy of notice to vacate
  • section 573, application for rent reduction or a payment plan – attach a financial circumstances statement in support of your application

Site owners

If you need to determine compensation to pay residents for a residential park closure, you must provide a copy of the notice to vacate.

For other types of applications, you can find examples of notices and supporting documentats you need to attach.

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. Be aware that the regulatory body in most cases uses legal representation.

For renting cases, 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.

When your dispute is about regaining possession of a rental 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