Supporting documents for Residential Tenancies cases – Landlord applications

This is a list A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. of the most common Residential Tenancies application types and the documentation you should include when filing your application. 

If your application is made through the Residential Tenancies Hub you will not be able to attach documents. In this case the supporting documents should be e-mailed to renting@vcat.vic.gov.au within 48 hours of filing your application (with your case number quoted in the subject line). Coloured photographs should be brought to the hearing The time and place at which VCAT hears the parties argue their case and makes a decision. .

The Section column below refers to the part of the Residential Tenancies Act 1997 that the complaint falls under. Quote this when completing the claim details part of the application form.

Description of application	Section	Further documents required by the Act or Rules, or is useful to include with the application
Compensation or compliance order (up to $9,999) When you’re applying for compensation or a compliance order because a Breach of Duty notice has not been complied with.	209	Copy of breach of duty notice under s208 of RT Act, outline of how the amount claimed has been calculated
Compensation (up to $9,999) When you’re applying for an amount of compensation under $10,000.	210	Outline of how the amount claimed has been calculated
Order terminating tenancy The agreement between a landlord and a tenant for the rental of a property. agreement - death of tenant When you’re applying to end a tenancy agreement because the tenant has passed away.	228(2)	Evidence of the date the landlord became aware of the death of the tenant
Reduction of fixed term tenancy agreement When you’re applying to reduce the length of the tenancy agreement if it’s a fixed term agreement	234
Order declaring premises abandoned If you believe the tenant has abandoned the rented premises	241
Possession – damage When you’re applying for possession of the property because the tenant, or the tenants visitor, has caused damage to the property	322(1),243	Copy of Notice to Vacate
Possession – danger When you’re applying for possession of the property because the tenant, or the tenants visitor, has endangered the safety of neighbours at the property	322(1),244	Copy of Notice to Vacate
Possession - unfit or unsafe premises When you’re applying for possession of the property because the property is unfit for human habitation, destroyed or damaged so much it is unsafe.	322(1),245	Copy of Notice to Vacate
Possession and rent When you’re applying for possession of the property because the tenant owes at least 14 days rent.	322(1),246	Copy of Notice to Vacate
Possession and rent (Australian Consumer Law and Fair Trading Act 2012) When you’re applying for possession of the property because the tenant owes rent totalling more than $9,999.	322(1),246,185(ACLFTA)	Copy of Notice to Vacate
Possession - failure to pay bond When you’re applying for possession of the property because the tenant has failed to pay the bond required by the tenancy agreement	322(1),247	Copy of Notice to Vacate
Possession - failure to comply with order When you’re applying for possession of the property because the tenant has failed to comply with a VCAT order under section 212 of the Residential Tenancies Act 1997.	322(1),248	Copy of Notice to Vacate
Possession - successive breaches When you’re applying for possession of the property because the tenant has breached their duty under section 208 of the Residential Tenancies Act 1997 for the 3rd time.	322(1),249	Copy of Notice to Vacate
Possession - use of premises for illegal purposes When you’re applying for possession of the property because the tenant has used the premises, or permitted use, for illegal purposes.	322(1),250	Copy of Notice to Vacate
Possession - assignment or sub-letting without consent When you’re applying for possession of the property because the tenant has assigned or sub-letted part of the premises without your consent.	322(1),253	Copy of Notice to Vacate
Possession - landlord's principal place of residence When you’re applying for possession of the property because you intend to live there as your principal place of residence.	322(1),254	Copy of Notice to Vacate
Possession - repair/renovation/reconstruction When you’re applying for possession of the property because you intend to repair, renovate or reconstruct the property.	322(1),255	Copy of Notice to Vacate
Possession – demolition When you’re applying for possession of the property because the property is unfit for human habitation, destroyed or damaged so much it is unsafe.	322(1),256	Copy of Notice to Vacate
Possession - premises to be occupied by landlord, family or dependant When you’re applying for possession of the property because the landlord, or landlords family, intend to occupy the premises.	322(1),258	Copy of Notice to Vacate
Possession - premises to be sold When you’re applying for possession of the property because the property is going to be sold, or offered for sale with vacant possession.	322(1),259	Copy of Notice to Vacate
Possession - premises sold conditional contract When you’re applying for possession of the property because the property is going to be sold and you have entered into a conditional contract of sale.	322(1),259(2)	Copy of Notice to Vacate
Possession - premises sold unconditional contract When you’re applying for possession of the property because the property is going to be sold and you have entered into an unconditional contract of sale.	322(1),259(2A)	Copy of Notice to Vacate
Possession - end of fixed term tenancy When you’re applying to take possession of the property at the end of the fixed term tenancy agreement.	322(2),261	Copy of Notice to Vacate
Possession - notice for no specified reason When you’re applying for possession of the property because you have given the tenant 120 days’ notice to vacate the property with no specified reason.	322(2),263	Copy of Notice to Vacate
Possession - notice of intention to vacate When you’re applying for possession of the property because the tenant has provided a notice of intention to vacate and has not vacated the property by the specified date.	322(3),235	Copy of Notice of intention to Vacate
Possession – damage When you’re applying for possession of the rooming house because the resident, or residents visitor, intentionally or recklessly causes serious damage to any part of the rooming house.	323(a),278	Copy of Notice to Vacate
Possession – danger When you’re applying for possession of the rooming house because the resident, or residents visitor, by act or omission cases danger to any person or property in the rooming house	323(a),279	Copy of Notice to Vacate
Possession – disruption When you’re applying for possession of the rooming house because the resident, or residents visitor, seriously interrupts the quiet and peaceful enjoyment of other residents of the rooming house	323(a),280	Copy of Notice to Vacate
Possession and rent When you’re applying for possession of the rooming house because the resident owes at least 7 days rent to the rooming house owner.	323(a),281	Copy of Notice to Vacate
Possession - failure to comply with order When you’re applying for possession of the rooming house because the resident has failed to comply with a VCAT order under section 212 of the Residential Tenancies Act 1997.	323(a),282	Copy of Notice to Vacate
Possession – mortgagee When a mortgagee has become entitled to possession of the property or is exercising the power of sale of the property	325(1),268	Copy of Notice to Vacate
Possession - premises occupied without consent When you’re applying for possession of the property because the premises are being occupied solely by a person without the consent of the landlord (also known as squatters).	344
Termination of tenancy agreement or residency right - serious violence When you’ve given a Notice to Leave to a resident, or resident’s visitor, because a serious act of violence has occurred on the premises, or the safety of another person on the premises is in danger and the resident, or resident’s visitor has refused to leave.	374	Copy of Notice to Leave
Bond and compensation – Landlord When you’re applying for an amount of money to be paid out of the bond and further compensation to be paid by the tenant.	417,210	Copy of the RTBA receipt, copy of a condition report if required, copy of an ingoing condition report if required
Bond - unpaid rent and loss or damage or both – Landlord When you’re applying for an amount of money to be paid out of the bond due to unpaid rent or as compensation due to loss or damage to the property.	417,418,419	Copy of the RTBA receipt, copy of condition report if required, copy of any quotation, account or receipt you may wish to rely on
General dispute This section can be used when you’re making an application that is not specifically provided for anywhere else in the Residential Tenancies Act 1997.	452	Outline of how the amount claimed has been calculated if claim includes compensation.
Reimbursement for repair costs When you’re applying for a reimbursement of repair costs incurred.	452,79(3)	Copy of repair notice provided to tenant, copy of the order alleged not to have been complied with, any copies of receipts for repairs you may wish to rely on
Determination the premises may be re-let When you’re applying to re-let the premises within 6 months of  obtaining possession of the premises under sections 256 – 259 of the Residential Tenancies Act 1997	452,264
Restraining orders/injunctions This section covers a wide range of orders including the making of an urgent injunctive order if appropriate.	452,472
Settlement of consumer and trader disputes or small claims (compensation over $10,000) When you’re applying for any claim where the amount you’re seeking is over $9,999.	184 (Australian Consumer Law and Fair Trading Act 2012)	Outline of how the amount claimed has been calculated