Supporting documents for Residential Tenancies cases – Landlord applications

Here are 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 hearingThe 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 $10,000) The landlord wants an order for compensation or compliance, because a problem identified in an earlier Breach of Duty notice has not been fixed.	209	Copy of breach of duty notice under s208 of RT Act, outline of how the amount claimed has been calculated
Compensation (up to $10,000) The landlord wants to claim compensation up to $10,000.	210	Outline of how the amount claimed has been calculated
Compensation or compliance order for a long-term lease The landlord, who is in a fixed term tenancyThe agreement between a landlord and a tenant for the rental of a property. agreement of more than 5 years, wants an order for compensation or compliance. This is because either a problem identified in an earlier Breach of Duty notice has not been fixed, or it was fixed but the landlord wants compensation.	209AA	Copy of breach of duty notice under s208 of the Residential Tenancies Act 1997; outline of how the amount claimed has been calculated if applying for compensation
Order terminating tenancy agreement – death of tenant The landlord wants 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 The landlord wants to end the lease earlier – that is, to reduce the time of the fixed term tenancy agreement.	234
Order declaring premises abandoned The landlord claims the tenant/s have left permanently and wants VCAT to declare the premises abandoned.	241
Possession – damage The landlord wants the tenant to leave, because they or their visitor damaged the property.	322(1), 243	Copy of Notice to Vacate
Possession – danger The landlord wants the tenant to leave because they or their visitor endangered neighbours.	322(1), 244	Copy of Notice to Vacate
Possession – unfit or unsafe premises The landlord wants the tenant to leave because the property is unfit for humans to live in, is destroyed or damaged so much it is unsafe.	322(1), 245	Copy of Notice to Vacate
Possession and rent The landlord wants the tenant to leave because they owe at least 14 days' rent.	322(1), 246	Copy of Notice to Vacate
Possession and rent (Australian Consumer Law and Fair Trading Act 2012) The landlord wants the tenant to leave because they owe more than $9,999 in rent.	322(1), 246, 185 (ACLFTA)	Copy of Notice to Vacate
Possession - failure to pay bond The landlord wants the property back because the tenant has not paid the bond required by the tenancy agreement	322(1), 247	Copy of Notice to Vacate
Possession – failure to comply with order The landlord wants the property back because the tenant did not obey a VCAT order.	322(1), 248	Copy of Notice to Vacate
Possession – successive breaches The landlord wants the property back because the tenant has breached their duty as a tenant for the third time.	322(1), 249	Copy of Notice to Vacate
Possession – use of premises for illegal purposes The landlord wants the property back because the tenant used it or let someone else use it for illegal purposes.	322(1), 250	Copy of Notice to Vacate
Possession – assignment or sub-letting without consent The landlord wants the property back because the tenant assigned or sub-let or assigned part of the premises without consent.	322(1), 253	Copy of Notice to Vacate
Possession – landlord's principal place of residence The landlord wants the property back because they want it make their home (principal place of residence).	322(1), 254	Copy of Notice to Vacate
Possession – repair, renovation or reconstruction The landlord wants the property back because they intend to repair, renovate or reconstruct it.	322(1), 255	Copy of Notice to Vacate
Possession – demolition The landlord wants the property because it is unfit for humans to live in, 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 The landlord wants the tenant to leave because the landlord or their family want to use the premises.	322(1), 258	Copy of Notice to Vacate
Possession – premises to be sold The landlord wants the property back because it is going to be sold, or offered for sale as vacant.	322(1), 259	Copy of Notice to Vacate
Possession – premises sold conditional contract The landlord wants the property back because it is going to be sold and they have entered into a conditional contract of sale.	322(1), 259(2)	Copy of Notice to Vacate
Possession - premises sold unconditional contract The landlord wants the property back because it is going to be sold and they have entered into an unconditional contract of sale.	322(1), 259(2A)	Copy of Notice to Vacate
Possession – end of fixed term tenancy The landlord wants the tenant/resident to leave at the end of the fixed term tenancy agreement.	322(2), 261	Copy of Notice to Vacate
Possession – notice for no specified reason The landlord wants the property back and they have given the tenant 120 days' notice to vacate, without giving a reason.	322(2), 263	Copy of Notice to Vacate
Possession – notice of intention to vacate The landlord wants the tenant/resident to leave the property, after the tenant gave notice of intention to vacate and did not leave by the stated date.	322(3), 235	Copy of Notice of Intention to Vacate
Possession – damage to a rooming house The rooming house owner wants the resident to leave because they or their visitor intentionally or recklessly caused serious damage to part of the rooming house.	323(a), 278	Copy of Notice to Vacate
Possession – danger The rooming house owner wants the resident to leave because they or their visitor endangered a person or property in the rooming house, by doing or not doing something.	323(a), 279	Copy of Notice to Vacate
Possession – disruption The rooming house owner wants the resident to leave because they or their visitor seriously interrupts the quiet and peaceful enjoyment of other rooming house residents.	323(a), 280	Copy of Notice to Vacate
Possession and rent The rooming house owner wants the resident to leave because they owe at least seven days' rent.	323(a),281	Copy of Notice to Vacate
Possession – failure to comply with order The rooming house owner wants the resident to leave because they did not obey a VCAT order.	323(a), 282	Copy of Notice to Vacate
Possession – mortgagee The landlord/owner wants the tenant/resident to leave because a mortgagee is entitled to possess the property or is selling it.	325(1), 268	Copy of Notice to Vacate
Possession – premises occupied without consent The landlord wants to take back the property because squatters are the only people living there – that is, the property is occupied solely by a person without the landlord's consent.	344
Termination of tenancy agreement or residency right – serious violence The landlord wants to end the tenancy because the tenant/resident did not leave when told to after a serious act of violence happened on the premises or another person on the premises is in danger.	374	Copy of Notice to Leave
Bond and compensation – Landlord The landlord wants money out of the bond and for the tenant to pay further compensation.	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 The landlord wants money out of the bond for unpaid rent, or compensation for 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 The landlord wants orders not 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 The landlord wants to be paid back for repair costs.	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 The landlord applies to re-let the premises within six months of obtaining possession of the premises under sections 256 – 259 of the Residential Tenancies Act 1997.	452, 264
Restraining orders/injunctions The landlord wants restraining orders, which may include an order that stops someone from doing something temporarily.	452, 472
Determine compensation to pay residents when a caravan park closes A caravan park is closing so the caravan park owner must find out how much they must pay residents in compensation.	215A(1)	Copy of Notice to Vacate
Determine compensation to pay residents when a residential park closes A residential park (Part 4A site) is closing so the site owner must find out how much they must pay site tenants in compensation.	215A(2)	Copy of Notice to Vacate
Settlement of consumer and trader disputes or small claims (compensation over $10,000) The landlord wants compensation of more than $9,999.	184 (Australian Consumer Law and Fair Trading Act 2012)	Outline of how the amount claimed has been calculated