Go to all resources

Supporting documents for Residential Tenancies cases – Tenant applications

This is a listDefinitionA 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 emailed 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 along to the hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. .

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
Urgent repairs
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
Non-urgent repairs
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.
82  
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 tenancyDefinitionThe 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 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.
232  
Creation of tenancy due to intervention orderDefinitionA court order that prohibits a person from harming or harassing someone.
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.
234  
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.
397  
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 to change the additional bond amount required by the landlord (after 5 consecutive years of renting the property).

34B  
General dispute
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.
Restraining orders/injunctions
The tenant wants restraining orders, which may include an order that stops someone from doing something temporarily.
452, 472  
Compensation from the closure of a caravan park or residential park
A caravan park resident or site tenantDefinitionResidents who own their own dwelling but rent the underlying land. 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
  • List
    Residential Tenancies List
  • Language
    English