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What section numbers mean in the Residential Tenancies Act

This is a list of the most common types of renting disputes taken to VCAT.

If you are applying to VCAT, you must quote the section number of the Residential Tenancies Act 1997 that your dispute falls under. Write the section number in the claim details section of the application form. You may also have to provide supporting documents as part of your application.

If you have received a notice of hearing, you can read what the section numbers on your notice mean.

See a list of disputes commonly lodged by:

Disputes commonly lodged by landlords and property owners

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)
The person who applied to VCAT 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 $9,999)
The person who applied to VCAT wants to claim compensation up to $9900.
210 Outline of how the amount claimed has been calculated
Order terminating tenancy 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
The person who applied to VCAT 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/owner wants the tenant/resident to leave, because they or their visitor damaged the property.
322(1), 243 Copy of Notice to Vacate
Possession – danger
The landlord/owner wants the tenant/resident to leave because they or their visitor endangered neighbours.
322(1), 244 Copy of Notice to Vacate
Possession – unfit or unsafe premises
The landlord/owner wants the tenant/resident to leave because the property is unfit for humans to live in, destroyed or damaged so much it is unsafe.
322(1), 245 Copy of Notice to Vacate
Possession and rent
The landlord/owner wants the tenant/resident 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/owner wants the tenant/resident 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/owner wants the property back because the tenant/resident 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/owner wants the property back because the tenant/resident did not obey a VCAT order.
322(1), 248 Copy of Notice to Vacate
Possession – successive breaches
The landlord/owner 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/owner wants the property back because the tenant/resident 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/owner wants the property back because the tenant/resident 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/reconstruction
The landlord/owner 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/owner 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/owner 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/owner 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/owner 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/owner 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/owner wants the property back and they have given the tenant/resident 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/owner wants the tenant/resident to leave the property, after the tenant/resident 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
The 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 landlord/owner wants the tenant/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 landlord/owner wants the tenant/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 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 landlord/owner wants the tenant/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 person who applied to VCAT 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 person who applied to VCAT 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 person has applied to VCAT for restraining orders, which may include an order that stops someone from doing something temporarily.
452, 472  
Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The person has applied to VCAT for compensation of more than $9,999.
184 (Australian Consumer Law and Fair Trading Act 2012) Outline of how the amount claimed has been calculated

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 $9,999)
The person who applied to VCAT 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 $9,999)
The person who applied to VCAT wants to claim compensation up to $9999.
210 Outline of how the amount claimed has been calculated
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 order
The person who applied wants the landlord/owner to enter into a new tenancy agreement with a protected person under an intervention order.
233A Copy of order excluding a tenant from the rented premises (final)
Reduction of fixed term tenancy agreement
The person who applied to VCAT 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 person who applied to VCAT 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
General dispute
The person who applied to VCAT 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 person has applied to VCAT for restraining orders, which may include an order that stops someone from doing something temporarily.
452, 472  
Settlement of consumer and trader disputes or small claims Compensation (over $10,000)
The person has applied to VCAT for 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 What section numbers mean in the Residential Tenancies Act
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    Residential Tenancies List
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