Supporting documents for Residential Tenancies cases – Tenant applications
This is a list 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 emailed to email@example.com within 48 hours of filing your application (with your case number quoted in the subject line). Coloured photographs should be brought along to the hearing.
The Section column on the table refers to the part of the Residential Tenancies Act 1997 that the complaint falls under. You need to quote the Section when completing the claim details part of the application form.
Disputes commonly lodged by tenants
|Description of application||Section||Further documents required by the Act or Rules, or that is useful to include with the application|
|Order declaring proposed rent is excessive
The tenant/resident wants VCAT to declare that the rent, or proposed rent, is excessive.
|46||Copy of the Director's report from Consumer Affairs Victoria|
The tenant/resident wants VCAT to direct the landlord/owner to carry out specified urgent repairs as defined in the Residential Tenancies Act 1997.
|73||Specify in application the repairs required which fall within the definition of urgent repairs under section 3 of the Residential Tenancies Act 1997|
The tenant/resident wants VCAT to direct the landlord/owner to carry out certain repairs that are not defined as urgent repairs by Victorian law.
|75||Copy of the Director's report from Consumer Affairs Victoria|
|Determination that consent to assign or sub-let is not required
The tenant/resident wants VCAT to direct that they do not need landlord/owner consent to assign or sub-let the rented premises.
|Compensation or compliance order (up to $10,000)
The tenant 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 tenant 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 tenant, who is in a fixed term tenancy 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 tenant 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|
|Creation of a tenancy agreement
The tenant/resident wants the landlord/owner to enter into a tenancy agreement.
|Creation of tenancy due to intervention order
The tenant is a protected person under an intervention order and wants the landlord/owner to enter into a new tenancy agreement.
|233A||Copy of order excluding a tenant from the rented premises (final)|
|Reduction of fixed term tenancy agreement
The tenant wants to end the lease earlier – that is, to reduce the time of the fixed term tenancy agreement.
|Application for reduction of a fixed term tenancy because of intervention order
The tenant wants the lease to end earlier because a tenant is not allowed on the premises due to an intervention order.
|234(2A)||Copy of order excluding a tenant from the rented premises (interim or final)|
|Challenging validity of notice
The tenant is challenging the validity of a notice to vacate from the landlord or agent.
|321B||Copy of Notice to Vacate|
|Compensation or return of goods or personal documents
The tenant/resident wants VCAT to order the return of goods or personal documents, or compensation for both, that were left behind at the premises and wrongfully retained.
|Bond – Tenant
The tenant wants VCAT to order that money to be paid out of the bond.
|416(1)||Copy of the RTBA receipt, copy of condition report if required|
|Bond and compensation – Tenant
The tenant wants money out of the bond and for the landlord to pay further compensation.
|416(1), 210||Copy of the RTBA receipt, copy of condition report if required|
Additional bond payment for a long-term lease
The tenant 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.|
The tenant wants restraining orders, which may include an order that stops someone from doing something temporarily.
|Compensation from the closure of a caravan park or residential park
A caravan park resident or site tenant wants compensation for relocation costs because a caravan park or residential park (Part 4A site) is closing.
|215B(4)||Copy of Notice to Vacate, outline of how the amount claimed has been calculated|
|Settlement of consumer and trader disputes or small claims compensation (over $10,000)
The tenant 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|
- Title Supporting documents for Residential Tenancies cases – Tenant applications
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