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What section numbers mean in the Residential Tenancies Act

This page lists 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

Description of application

Section number to include on application

Documents or information to include with the application

Bond – unpaid rent and loss or damage or both
The landlord wants money out of the bond for unpaid rent, and/or compensation for loss or damage to the property.

417, 418, 419

Provide a copy of the RTBA receipt.

Explain how the tenant breached their obligation.

Provide details of each item of loss or damage claimed due to the breach, and the amount claimed for each item.

Bond and compensation
The landlord wants money out of the bond and for the tenant to pay further compensation for unpaid rent, and/or loss or damage to the property.

417, 210

Provide a copy of the RTBA receipt.

Explain how the tenant breached their obligation under the tenancy agreement or Act.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $10,000)
The landlord wants an order that the tenant must comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the tenant. The tenant still lives at the property.

209

Provide a copy of the breach of duty notice under s208 of the Act.

If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The tenancy has ended and the landlord wants to claim compensation from the tenant for loss or damage up to $10,000.

210

Explain how the tenant breached their obligation.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The landlord wants to claim compensation from the tenant for loss or damage of more than $10,000.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the tenant breached their obligation.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The landlord wants an order that the tenant stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

General dispute
The landlord wants orders against the tenant not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the tenancy agreement.

452

Explain the issue and the orders you are seeking.

If the claim includes compensation, explain how the tenant breached their obligation.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Reduction of a fixed term tenancy severe hardship
The applicant wants VCAT to make orders reducing the term of a fixed term agreement because of severe hardship.

543

Provide a copy of the tenancy agreement.

Explain why you are suffering severe hardship and why you want the fixed term agreement to end early.

Order declaring premises abandoned
The landlord believes the tenants have left permanently and wants VCAT to declare the premises abandoned.

241

Explain why you believe the premises have been abandoned.

Order terminating tenancy agreement – death of tenant
The landlord wants to end a tenancy agreement because the tenant has passed away and it is not possible to give a notice to vacate to the tenant’s legal personal representative or next of kin.

228(2)

Provide details of the basis for the belief that the tenant has died.

Possession – tenant has given a notice of intention to vacate but has not left
The landlord wants to take possession of the property where the tenant has given the landlord a notice of intention to vacate, but has not left.

322(3)

Provide a copy of the tenant’s notice of intention to vacate.

Explain how you have relied on the notice and why you want the property back.

Possession – premises occupied without consent
The landlord wants to take back the property where the tenants have left and squatters are now the only people living there – that is, the property is occupied solely by a person without the landlord's consent.

344

Explain when the tenants left and who now occupies the property (if known).

Termination order: damage
The landlord wants VCAT to make a termination order or both a termination and possession order because the tenant or the tenant’s visitor intentionally or recklessly damaged the rented premises or common areas.

548, 549(2)(a)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who caused the damage, and how it occurred.

Provide dates.

Describe the extent of the damage.

Termination order: danger
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant or the tenant’s visitor endangers the safety of neighbours, the landlord, landlord's agent, or a contractor or employee of the landlord or agent.

548, 549(2)(b)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who was responsible and whose safety is endangered.

Provide dates.

Termination order: threats or intimidation
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant or another occupant has seriously threatened or intimidated the landlord, landlord's agent, or a contractor or employee of the landlord or agent.

548, 549(2)(c)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who was responsible and who was threatened.

Provide dates.

Termination order: failure to comply with VCAT order
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant has failed to comply with a VCAT order under section 212.

548, 549(2)(d)

Specify if you are seeking a termination order or both a termination and possession order.

Provide details about the order made, and include a copy of the order under section 212 of the Act.

Explain in detail what the tenant has done or failed to do in response to the order.

Termination order: tenant served with section 368 notice
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant was given a notice under section 368 (to leave the premises due to a serious act of violence by the resident or due to the resident being a danger to others in the premises).

548, 549(2)(e)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of the section 368 notice.

Give full details in your application about why the section 368 notice was given to the tenant.

Explain what happened, and who was affected.

Provide dates.

Termination order: illegal use
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant has used the premises, or permitted their use, for illegal purposes.

548, 549(2)(f)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain what illegal acts occurred and who was responsible.

Provide dates.

Termination order: by Director of Housing for drug-related activity
The Director of Housing wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant has trafficked drugs or carried out other drug-related activities at the premises.

548, 549(2)(g)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain what drug-related activities occurred.

Provide dates.

Termination order: by Director of Housing for indictable offence
The Director of Housing wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant has committed an indictable offence in the rented premises or the common area.

548, 549(2)(h)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain what offences were committed and where those offences occurred.

Provide dates.

Termination order: failure to comply with obligations under the tenancy agreement or act
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant failed to comply with their obligations (eg. not paying rent) in circumstances where the tenant could comply without suffering severe hardship.

548, 549(2)(i)

Specify if you are seeking a termination order or both a termination and possession order.

Explain what obligations the tenant has failed to comply with and how they have failed to comply.

If the tenant is in rent arrears, tell us how much rent the tenant is meant to pay, the date they are currently paid up to and how much rent they owe at the date of the application.

Explain why you think the tenant could comply without suffering severe hardship.

Termination order: sale of property
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the landlord has engaged an agent to sell the property, or prepared or entered into a contract of sale.

548, 549(2)(j)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of your authority with a sales agent, or the contract of sale.

Termination order: by Director of Housing repair, renovate, rebuild
The Director of Housing wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the property is to be repaired, renovated, rebuilt or demolished. All permits have been obtained and it is not practical for the tenancy to continue during the works.

548, 549(2)(k)

Specify if you are seeking a termination order or both a termination and possession order.

Provide full details of the works to be done.

If relevant, explain what consents and permits have been obtained. Attach a copy of the permits.

Explain why the works cannot be done while the tenancy continues.

Termination order: premises unfit or destroyed
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the property is unfit for human habitation or destroyed to such an extent that they are unsafe.

548, 549(2)(l)

Specify if you are seeking a termination order or both a termination and possession order.

Explain what has happened to the property and why it is not fit for human habitation.

Attach a copy of any relevant documents from an authority that affect the property.

Termination order: by public authority for false statement
The landlord is a public statutory authority that wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant knowingly made a false statement about their eligibility, which induced the landlord to enter into the tenancy agreement.

548, 549(2)(m)

Specify if you are seeking a termination order or both a termination and possession order.

Explain what statements were made, when they were made and how the statements affect the tenant’s eligibility to rent from the authority.

Termination order: assigned or sublet
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant has assigned or sublet the premises without consent.

548, 549(2)(n)

Specify if you are seeking a termination order or both a termination and possession order.

Explain why you believe the tenant has assigned or sublet the property.

Provide a copy of any advertisement by the tenant related to the property.

Termination order: landlord or landlord’s dependent to reside in property
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the property is to be occupied by the landlord, an immediate family member or a dependant who normally lives with the landlord.

548, 549(2)(o)

Specify if you are seeking a termination order or both a termination and possession order.

Explain who wants to move into the property. If it is not the landlord, explain the person's relationship to the landlord. If the person is someone who lives with the landlord but is not an immediate family member, explain why and how that person is dependent on the landlord.

Specify when the person intends to move in.

Termination order: public purpose
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because a public statutory authority requires the property for public purposes

548, 549(2)(p)

Specify if you are seeking a termination order or both a termination and possession order.

Explain when and why the property is required for public purposes.

Termination order: public housing criteria
The landlord is a public statutory authority and wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the tenant has ceased to meet eligibility criteria.

548, 549(2)(q)

Specify if you are seeking a termination order or both a termination and possession order.

Explain when and how the tenant has ceased to be eligible to rent from the authority.

Termination order: pet exclusion order not complied with
The landlord wants VCAT to make a termination order or both a termination and possession order ending the tenancy because VCAT made an order excluding a pet and the tenant has not complied.

548, 549(2)(r)

Specify if you are seeking a termination order or both a termination and possession order.

Give details of the VCAT order excluding the pet and why you believe  the tenant has failed to comply with that order.

Provide a copy of the VCAT order.

Termination order: transitional housing
The Director of Housing wants VCAT to make a termination order or both a termination and possession order ending the tenancy because the property was provided as transitional housing, and the tenant has unreasonably refused to seek alternative accommodation or refused a reasonable accommodation offer.

548, 549(2)(s)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what has happened.

Explain what efforts have been made about alternative housing and any offers made to the tenant

Possession order
The landlord obtained a termination order from VCAT and wants an order to remove the tenant because they have not left by the date specified in that order.

550

Give details of the termination order and why you believe the tenant is still occupying the premises.

Provide a copy of the termination order.

Extension of time for a warrant to be executed
The landlord wants the time in which a warrant of possession may be executed by police to be extended.

354

Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant
A warrant of possession has lapsed and the landlord is applying for another warrant.

472(g)

Explain why you are seeking another warrant.

Disputes commonly lodged by tenants

Description of application Section number to include on application Documents or information to include with the application

Bond
The tenant wants VCAT to order that the bond be paid back to the tenant.

416(1)

Provide a copy of the RTBA receipt.

Bond and compensation
The tenant wants VCAT to order that the bond be paid back to the tenant and for the landlord to pay further compensation for loss because the landlord has not complied with a duty or obligation.

416(1), 210

Provide a copy of the RTBA receipt.

Explain how the landlord breached their obligation under the tenancy agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $10,000)
The tenant wants an order that the landlord comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the landlord. This does not include compliance with repairs notices under section 75.

209

Provide a copy of the breach of duty notice under section 208 of the Act.

Outline how any compensation claimed was calculated.

Compensation (up to $10,000)
The tenancy has come to an end and the tenant wants to claim compensation of up to $10,000 for loss because the landlord breached a duty or obligation.

210

Explain how the landlord breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and 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 $10,000 for loss because the landlord breached a duty or obligation.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the landlord breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Urgent repairs
The tenant wants VCAT to direct the landlord to carry out an urgent repair

73

Specify the repairs needed and why you think they are urgent.

Non-urgent repairs
The tenant wants VCAT to direct the landlord to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria.

75

Provide a copy of the Director's report from Consumer Affairs Victoria.

Specify the repairs needed.

Restraining orders/injunctions
The tenant wants an order that the landlord stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

General dispute
The tenant wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the tenancy agreement.

452

Explain the issue and the orders you are seeking.

If claiming compensation, explain how the landlord breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Rent reduction or payment plan
The tenant wants VCAT to make orders about a rental payment plan or reduction in the rent.

540

State if you want a payment plan because you owe rent and detail what you think the plan should be to pay off your rent arrears.

State whether you want a rent reduction, and if so, how much and for what period.

Complete a Financial circumstances statement and attach it to your application.

Reduction of a fixed term tenancy - severe hardship
The tenant wants VCAT to make orders reducing the term of a fixed-term tenancy because of severe hardship.

543

Provide a copy of the tenancy agreement.

Explain what has happened and why you want to reduce the term of the fixed-term agreement.

Specify when you want the fixed-term agreement to end.

Ending or creating a new tenancy agreement due to personal or family violence
Someone living in a rental property wants to end a tenancy agreement or enter into a new tenancy agreement because they are experiencing (or have experienced) personal or family violence from a person on the tenancy agreement.

233A

Complete an application by a person experiencing personal or family violence.

Provide a copy of any intervention order and the application for that order, a copy of your written tenancy agreement (if you have one) and a copy of the RTBA bond receipt (if relevant).

Creation of a tenancy agreement
A person who is not a tenant but lives at the rented premises wants the landlord to enter into a tenancy agreement with them because either the landlord has applied to VCAT for a possession order, the tenant has given notice of intention to vacate, the tenant has left the premises, or the tenant has died.

232

Provide a copy of any relevant notice, VCAT application or evidence of the tenant no longer residing at the property.

Compensation or return of goods or personal documents
The tenant or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation.

397

Provide details of the goods or personal documents that you want returned.

If claiming compensation, explain how the landlord breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The tenant or owner of goods or documents wants compensation because the landlord wilfully or recklessly damaged or lost the stored goods or personal documents after the end of the tenancy.

397

Provide details of the goods or personal documents.

Explain why you think the owner or landlord wilfully or recklessly damaged or lost your goods or documents.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Disputes commonly lodged by rooming house owners

Description of application

Section number to include on application

Documents or information to include with the application

Bond – unpaid rent and loss or damage or both
The rooming house owner wants money out of the bond for unpaid rent and/or compensation for loss or damage to the property.

417, 418, 419

Provide a copy of the RTBA receipt.

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Bond and compensation
The rooming house owner wants money out of the bond and for the resident to pay further compensation for unpaid rent and/or loss or damage to the property.

417, 452(2)

Provide a copy of the RTBA receipt.

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $10,000)
The rooming house owner wants an order that the resident comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the resident. The resident still lives at the property.

209

Provide a copy of the breach of duty notice under section 208 of the Act.

If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The rooming house owner wants to claim compensation from the resident for loss or damage up to $10,000.

452(2)

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed due to the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The rooming house owner wants to claim compensation from the resident for loss or damage of more than $10,000.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The rooming house owner wants an order that the resident stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the resident's obligation and the orders you want to fix the problem.

General dispute
The rooming house owner wants orders against the resident not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the residency.

452

Explain the issue and what orders you are seeking.

If the claim includes compensation, explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Order declaring premises abandoned
The rooming house owner claims the residents have left permanently and wants VCAT to declare the premises abandoned.

277

Explain why you believe the premises have been abandoned.

Termination order: damage
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the resident (or the resident’s visitor) intentionally or recklessly caused serious damage to the rooming house or common area.

558, 559(2)(a)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who caused the damage, and how it occurred.

Describe the extent of the damage.

Provide dates.

Termination order: danger
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because a resident (or the resident’s visitor) endangers the safety of other residents, neighbours, the rooming house owner or their agent, or a contractor or employee of the rooming house owner or their agent.

558, 559(2)(b)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who is responsible and whose safety is endangered.

Provide dates.

Termination order: threats or intimidation
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the resident seriously threatened or intimidated the rooming house owner or their agent, or a contractor or employee of the rooming house owner or their agent.

558, 559(2)(c)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who was responsible and who was threatened.

Provide dates.

Termination order: disruption
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the resident or the resident’s visitor seriously interrupts the quiet and peaceful enjoyment of the rooming house by other residents.

558, 559(2)(d)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what has happened.

Explain who is responsible and whose quiet and peaceful enjoyment is interrupted. 

Provide dates.

Termination order: failure to comply with VCAT order
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the resident failed to comply with a VCAT order under section 212.

558, 559(2)(e)

Specify if you are seeking a termination order or both a termination and possession order.

Provide details about the order made and include a copy of the order under section 212.  

Explain in detail what the resident did or failed to do in response to the order.

Provide dates.

Termination order: resident served with section 368 notice
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the resident was given notice under section 368 (to leave the premises due to a serious act of violence by the resident or due to the resident being a danger to others in the premises).

558, 559(2)(f)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of the section 368 notice.

Give full details in your application about why the section 368 notice was given to the resident.

Explain what happened and who was affected.

Provide dates.

Termination order: illegal use
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending the residency because the resident has used the premises, or permitted their use, for illegal purposes.

558, 559(2)(g)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain what illegal acts occurred and who was responsible.

Provide dates.

Termination order: failure to comply with obligations under the Act
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the resident failed to comply with their obligations (eg. not paying rent) in circumstances where the resident could comply without suffering severe hardship

558, 559(2)(h)

Specify if you are seeking a termination order or both a termination and possession order. 

Explain what obligations the resident failed to comply with and how they have failed to comply.

If the resident is in rent arrears, tell us how much the resident is meant to pay, the date they are currently paid up to and how much rent they owe at the date of the application.

Explain why you think the resident can comply without suffering severe hardship.

Termination order: sale of premises
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the rooming house owner has engaged an agent to sell the property, or prepared or entered into a contract of sale.

558, 559(2)(i)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of your authority with a sales agent, or the contract of sale.

Termination order: Repair, renovate, reconstruction or demolish
The rooming house owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the rooming house is to be repaired, renovated, reconstructed or demolished. All permits have been obtained and it is not practical for the residency to continue during the works.

558, 559(2)(j)

Specify if you are seeking a termination order or both a termination and possession order.

Provide full details of the works to be done.

If relevant, explain what consents and permits have been obtained. Attach a copy of the permits.

Explain why the works cannot be done while the residency continues.

Termination order: transitional housing
The Director of Housing wants VCAT to make a termination order or both a termination and possession order, ending a residency right or tenancy agreement because the room was provided as transitional housing, and the resident has unreasonably refused to seek alternative accommodation or a reasonable accommodation offer.   

558, 559(2)(k)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details about what has happened.

Explain what efforts have been made about alternative housing and any offers made to the resident.

Possession order
The rooming house owner obtained a termination order from VCAT and wants an order to remove the resident because they have not left by the date specified in that order.

560

Give details of the termination order and why you believe the resident is still occupying the premises.

Provide a copy of the termination order.

Extension of time for a warrant to be executed
The rooming house owner wants the time in which a warrant of possession may be executed by police to be extended.

354

Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant
A warrant of possession has lapsed and the rooming house owner is applying for another warrant.

472(g)

Explain why you are seeking another warrant.

Disputes commonly lodged by rooming house residents

Description of application

Section number to include on application

Documents or information to include with the application

Bond
The resident wants VCAT to order that money be paid out of the bond to the resident.

416(1)

Provide a copy of the RTBA receipt.

Bond and compensation
The resident wants money out of the bond and for the rooming house owner to pay further compensation for loss.

416(1), 452(2)

Provide a copy of the RTBA receipt.

Explain how the rooming house owner breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $10,000)
The  resident wants an order that the rooming house owner comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the rooming house owner. This does not include compliance with a repairs notice under section 132.

209

Provide a copy of the breach of duty notice under section 208 of the Act.

Outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The resident wants to claim compensation up to $10,000 for loss.

452(2)

Explain how the rooming house owner breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The resident wants compensation of more than $10,000 for loss.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the rooming house owner breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated. 

Urgent repairs
The resident wants the rooming house owner to carry out an urgent repair.

 

130

Specify what repairs are needed and why you think they are urgent.

Non-urgent repairs
The resident wants the rooming house owner to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria.

132

Provide a copy of the Director's report from Consumer Affairs Victoria.

Specify what repairs are needed.

Restraining orders/injunctions
The resident wants an order that the rooming house owner stop doing something that is a breach of their obligations, or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

General dispute
The resident wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the residency agreement.

452

Explain the issue and the orders you are seeking.

If claiming compensation, explain how the rooming house owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Rent reduction or payment plan
The resident wants VCAT to make orders about a rental payment plan or reduction in the rent.

553

State if you want a payment plan because you owe rent and detail what you think the plan should be to pay off your rent arrears.

State whether you want a rent reduction, and if so, how much and for what period.

Complete a Financial circumstances statement and attach it to your application.

Unreasonable house rules
The resident wants VCAT to declare a house rule to be unreasonable and invalid.

128

Explain what the house rule is, why you think it is unreasonable and how it affects you.

Provide a copy of the house rules.

Compensation or return of goods or personal documents
The resident or owner of the goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation.

397

Provide details of the goods or personal documents that you want returned. 

If claiming compensation, explain how the landlord breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The resident or owner of goods or documents wants compensation because the rooming house owner wilfully or recklessly damaged or lost their stored goods or personal documents after the end of the residency.

398

Provide details of the goods or personal documents.

Explain why you think the rooming house owner wilfully or recklessly damaged or lost goods or documents.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Disputes commonly lodged by caravan owners or caravan park owners

Description of application

Section number to include on application

Documents or information to include with the application

Bond – unpaid rent and loss or damage or both
The caravan park/caravan owner wants money out of the bond for unpaid rent, and/or compensation for loss or damage to the property.

417, 418, 419

Provide a copy of the RTBA receipt.

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Bond and compensation
The caravan park/caravan owner wants money out of the bond and for the resident to pay further compensation for unpaid rent, and/or loss or damage to the property.

417, 452(3)

Provide a copy of the RTBA receipt.

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Compensation or compliance order (up to $10,000)
The caravan park/caravan owner wants the resident to comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the resident. The resident still lives at the park.

209

Provide a copy of the breach of duty notice under section 208 of the Act.

If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The caravan park/caravan owner wants to claim compensation up to $10,000 from the resident for loss or damage.

452(3)

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The caravan park/caravan owner wants to claim compensation from the resident  for loss or damage of more than $10,000.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

 

Restraining orders/injunctions
The caravan park/caravan owner wants an order that the resident stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

General dispute
The caravan park/caravan owner wants orders against the resident not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the residency agreement.

452

Explain the issue and the orders you are seeking.

If the claim includes compensation, explain how the resident breached their obligation under the residency agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Order declaring sire or caravan abandoned
The caravan park/caravan owner claims the residents have left permanently and wants VCAT to declare the site or caravan abandoned.

301

Explain why you believe the site or caravan has been abandoned.

Termination order: damage
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident, or their visitor, intentionally or recklessly caused serious damage to the site or caravan park, common areas or a facility in the caravan park.

568, 569(2)(a)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who caused the damage, and how it occurred.

Describe the extent of the damage.

Provide dates.

Termination order: danger
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident (or their visitor) endangers the safety of the caravan park owner, their agent, a contractor or employee of the caravan park owner or their agent, or any person or property in the caravan park.

568, 569(2)(b)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who is responsible and whose safety is endangered.

Provide dates.

Termination order: Threats or intimidation
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident seriously threatened or intimidated the caravan park owner, their agent, or a contractor or employee of the caravan park owner or agent.

568, 569(2)(c)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who was responsible and who was threatened.

Provide dates.

Termination order: disruption
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident or their visitor seriously interrupts the quiet and peaceful enjoyment of the caravan park by other occupiers.

568, 569(2)(d)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who is responsible and whose quiet and peaceful enjoyment is interrupted.   

Provide dates.

Termination order: failure to comply with VCAT order
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident failed to comply with a VCAT order under section 212.

568, 569(2)(e)

Specify if you are seeking a termination order or both a termination and possession order.

Provide details about the order made and include a copy of the order under section 212 of the Act.

Explain in detail what the resident has done or failed to do in response to the order.

Termination order: caravan park resident served with section 368 notice
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident was given a notice under section 368 (to leave the premises due to a serious act of violence by the resident or due to the resident being a danger to others).

568, 569(2)(f)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of the section 368 notice.

Give full details in your application about why the section 368 notice was given to the resident.

Explain what happened and who was affected.

Provide dates.

Termination order: illegal use
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending the residency because the resident has used the site or caravan, or permitted their use, for illegal purposes. 

568, 569(2)(g)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain what illegal acts occurred and who was responsible.

Provide dates.

Termination order: failure to comply with obligations under the residency right
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the resident has failed to comply with their obligations (eg. not paying rent or a hiring charge) in circumstances where the resident could comply without suffering severe hardship.

568, 569(2)(h)

Specify if you are seeking a termination order or both a termination and possession order.

Explain what obligations the resident failed to comply with and how they failed to comply.

If the resident is in rent arrears, tell us how much rent the resident is meant to pay, the date they are currently paid up to and how much rent they owe at the date of the application.

Explain why you think the resident could comply without suffering hardship.

Termination order: sale of caravan
The caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the caravan owner has engaged an agent to sell the caravan, or prepared or entered into a contract of sale.  

568, 569(2)(i)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of your authority with a sales agent or the contract of sale.

Termination order: caravan park to be closed
The caravan park/caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the caravan park is to be closed.

568, 569(2)(j)

Specify if you are seeking a termination order or both a termination and possession order.

Provide full details of when and why the caravan park is to be closed.

Attach a copy of any documents about the closure from any relevant authority.

Termination order: caravan owner or family member intends to occupy
The caravan owner wants VCAT to make a termination order or both a termination and possession order, ending a residency right because the caravan or site is to be occupied by the caravan owner, an immediate family member or a dependant who normally lives with the caravan owner.

568, 569(2)(k)

Specify if you are seeking a termination order or both a termination and possession order.

Explain who wants to move into the caravan, and if it is not the caravan owner, what relationship that person has to the owner.

If the person is someone who lives with the caravan owner but is not an immediate family member, explain why and how that person is dependent on the owner. 

Specify when the person intends to move in.

Possession order
The caravan park/caravan owner obtained a termination order from VCAT and wants an order to remove the resident because they have not left by the date specified in that order.

570

Give details of the termination order and why you believe the resident is still occupying the premises.

Provide a copy of the termination order.

Extension of time for a warrant to be executed
The caravan park/caravan owner wants the time in which a warrant of possession may be executed by police to be extended.

354

Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant
A warrant of possession has lapsed, and the caravan park/caravan owner wants another warrant.

472(g)

Explain why you are seeking another warrant.

Disputes commonly lodged by caravan residents

Description of application

Section number to include on application

Documents or information to include with the application

Bond
The resident wants VCAT to order that the bond be paid back to the resident.

416(1)

Provide a copy of the RTBA receipt.

Bond and compensation
The resident wants money out of the bond and for the caravan park/caravan owner to pay further compensation for loss.

416(1), 452(3)

Provide a copy of the RTBA receipt.

Explain how the caravan park/caravan owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount has been calculated. 

Compensation or compliance order (up to $10,000)
The resident wants the caravan park/caravan owner to comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the owner. This does not include compliance with a repairs notice under section 191.

209

Provide a copy of the breach of duty notice under section 208 of the Act.

Outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The resident wants to claim compensation up to $10,000 for loss.

452(3)

Explain how the caravan park/caravan owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The resident wants compensation of more than $10,000 for loss.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the caravan park/caravan owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Urgent repairs
The resident wants VCAT to direct the caravan park/caravan owner to carry out an urgent repair

189

Specify the repairs needed and why you think they are urgent.

Non-urgent repairs
The resident wants VCAT to direct the caravan park/caravan owner to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria.

191

Provide a copy of the Director's report from Consumer Affairs Victoria.

Specify the repairs needed.

Restraining orders/injunctions
The resident wants an order that the caravan park/caravan owner stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

If claiming compensation, explain how the caravan/ caravan park owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.  

General dispute
The resident wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the residency agreement.

452

Explain the issue and the orders you are seeking.

If claiming compensation, explain how the caravan park/caravan owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated. 

Rent reduction or payment plan
The tenant wants VCAT to make orders about a rental payment plan or reduction in the rent.

563

State if you want a payment plan because you owe rent and detail what you think the plan should be to pay off your rent arrears.

State whether you want a rent reduction, and if so, how much and for what period.

Complete a Financial circumstances statement and attach it to your application.

Unreasonable park rules
The resident wants VCAT to declare a park rule to be unreasonable and invalid.

187

Explain the park rule, why you think it is unreasonable and how it affects you.

Provide a copy of the park rules.

Ending or creating a new residency agreement due to personal or family violence in a caravan park
Someone living in a caravan/caravan park wants to end a residency agreement or enter into a new residency agreement because they are experiencing (or have experienced) personal or family violence from a person on the residency agreement

317AA

Complete an application by a person experiencing personal or family violence.

Provide a copy of any intervention order and the application for that order.

Provide a copy of your residency agreement (if you have one) and a copy of the RTBA bond receipt (if relevant).

Compensation or return of goods or personal documents
The resident or owner of goods of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation.

397

Provide details of the goods or personal documents you want returned.

If claiming compensation, explain how the caravan park owner or caravan owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated. 

Compensation for loss of goods or personal documents
The resident or owner of goods or documents wants VCAT to order compensation because the caravan park/caravan owner wilfully or recklessly damaged or lost stored goods or personal documents after the end of a residency.

398

Provide details of the goods or personal documents.

Explain why you think the rooming house owner wilfully or recklessly damaged or lost your goods or documents.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item, and how the amount claimed has been calculated.

Disputes commonly lodged by Part 4A site owners

Description of application

Section number to include on application

Documents or information to include with the application

Bond – unpaid rent and loss or damage or both
The site owner wants money out of the bond for unpaid rent, and/or compensation for loss or damage.

417, 418, 419

Provide a copy of the RTBA receipt.

Explain how the site tenant breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Bond and compensation
The site owner wants money out of the bond and for the site tenant to pay further compensation for unpaid rent and/or loss or damage.

417, 210B

Provide a copy of the RTBA receipt.

Explain how the site tenant breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation or compliance order (up to $10,000)
The site owner wants the site tenant to comply with a duty or to pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the site tenant. The site tenant still lives in the park.

209

Provide a copy of the breach of duty notice under section 208 of the Act.

If relevant, outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The site agreement has ended and the site owner wants to claim compensation from the site tenant for loss or damage up to $10,000.

210B

Explain how the site tenant breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The site owner wants to claim compensation from the tenant for loss or damage of more than $10,000.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the site tenant breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Restraining orders/injunctions
The site owner wants an order that the site tenant stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

General dispute
The site owner wants orders against the site tenant not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the site agreement.

452

Explain the issue and what orders you are seeking.

If the claim includes compensation, explain how the site tenant breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Reduction of a fixed term site agreement - severe hardship
The applicant wants VCAT to make orders ending the site agreement early because of severe hardship.

 

576

Provide a copy of the site agreement.

Explain why you are suffering severe hardship and why you want the fixed-term agreement to end early.

Order declaring premises abandoned
The site owner claims the site tenants have left permanently and wants VCAT to declare the site abandoned.

317W

Explain why you believe the site has been abandoned.

Termination order: damage
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant or their visitor intentionally or recklessly caused serious damage to the site or park, common areas or a park facility.

581, 582(2)(a)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who caused the damage, and how it occurred.

Describe the extent of the damage.

Provide dates.

Termination order: danger
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant or their visitor endangers the safety of any person in the park, the site owner, their agent, or a contractor or employee of the site owner or agent.

 

 

581, 582(2)(b)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who is responsible and whose safety is endangered.

Provide dates.

Termination order: threats or Intimidation
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant or another occupant seriously threatened or intimidated the site owner, their agent, or a contractor or employee of the site owner or agent.

581, 582(2)(c)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who was responsible and who was threatened.

Provide dates.

Termination order: disruption
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant or their visitor seriously interrupts the quiet and peaceful enjoyment of the park by other occupiers.

581, 582(2)(d)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain who is responsible and whose quiet and peaceful enjoyment is interrupted. 

Provide dates.

Termination order: Failure to comply with VCAT order
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant failed to comply with a VCAT order under section 212.

581, 582(2)(e)

Specify if you are seeking a termination order or both a termination and possession order.

Provide details about the order made and include a copy of the order under section 212. 

Explain in detail what the resident has done or failed to do in response to the order.

Provide dates.

Termination order: tenant served with section 368 notice
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant has been given a notice under section 368 (to leave the premises due to a serious act of violence by the site tenant or due to the site tenant being a danger to others).

581, 582(2)(f)

Specify if you are seeking a termination order or both a termination and possession order.

Provide a copy of the section 368 notice.

Give full details in your application about why the section 368 notice was given to the site tenant.

Explain what happened and who was affected.

Provide dates.

Termination order: illegal use
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant has used the site, or permitted its use, for illegal purposes.

581, 582(2)(g)

Specify if you are seeking a termination order or both a termination and possession order.

Give full details in your application about what happened.

Explain the illegal acts that occurred and who was responsible.

Provide dates.

Termination order: failure to comply with obligations under the site agreement
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant failed to comply with their obligations (eg. not paying rent) in circumstances where the site tenant could comply without suffering severe hardship.

581, 582(2)(h)

Specify if you are seeking a termination order or both a termination and possession order.

Explain the obligations the site tenant failed to comply with and how they have failed to comply.

If the site tenant is in rent arrears, tell us how much rent the tenant is meant to pay, the date they are currently paid up to, and how much rent they owe at the date of the application.

Explain why you think the site tenant could comply without suffering severe hardship.

Termination order: assigned or sublet
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the site tenant has assigned or sublet the premises without consent.

581, 582(2)(i)

Specify if you are seeking a termination order or both a termination and possession order.

Explain why you believe the site tenant has assigned or sublet the site.

Provide a copy of any advertisements by the site tenant about the site.

Termination order: Part 4A park is to be closed
The site owner wants VCAT to make a termination order or both a termination and possession order, ending the site agreement because the park will close.

581, 582(2)(j)

Specify if you are seeking a termination order or both a termination and possession order.

Provide full details of when and why the caravan park is to be closed.

Attach a copy of any documents about the closure from any relevant authority.

Possession order
The site owner obtained a termination order from VCAT and wants an order to remove the tenant because they have not left by the date specified in that order.

583

Give details of the termination order and why you believe the site tenant is still occupying the premises.

Provide a copy of the termination order.

Extension of time for a warrant to be executed
The site owner wants the time in which a warrant of possession may be executed by police to be extended.

354

 

Explain why the warrant was not executed within the allowed timeframe.

Subsequent warrant
A warrant of possession has lapsed and the site owner wants another warrant.

472(g)

 

Explain why you are seeking another warrant.

Disputes commonly lodged by site tenants

Description of application

Section number to include on application

Documents or information to include with the application

Bond – Site Tenant
The site tenant wants VCAT to order that money be paid out of the bond to the site tenant.

416(1)

Provide a copy of the RTBA receipt.

Bond and compensation – Site Tenant
The site tenant wants money out of the bond and for the site owner to pay further compensation for loss.

416(1), 210B

Provide a copy of the RTBA receipt.

Explain how the site owner breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.   

Compensation or compliance order (up to $10,000)
The site tenant wants an order that the site owner comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the site owner. The site tenant still lives in the park..

209

Provide a copy of the breach of duty notice under section 208 of the Act.

Outline how any compensation claimed has been calculated.

Compensation (up to $10,000)
The site agreement has come to an end and the site tenant wants to claim compensation for loss of up to $10,000.

210B

Explain how the site owner breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Settlement of consumer and trader disputes or small claims (compensation over $10,000)
The site tenant wants compensation of more than $10,000.

184 (Australian Consumer Law and Fair Trading Act 2012)

Explain how the site owner breached their obligation under the site agreement or Act.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.  

Restraining orders/injunctions
The site tenant wants an order that the site owner stop doing something that is a breach of their obligations or that they do something to meet their obligations.

452, 472

Explain the relevant obligation and the orders you want to fix the problem.

General dispute
The site tenant wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve a dispute about the site agreement.

452

Explain the issue and the orders you are seeking.

If claiming compensation, explain how the site owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Rent reduction or payment plan
The site tenant wants VCAT to make orders about a rental payment plan or reduction in the rent.

573

State if you want a payment plan because you owe rent and detail what you think the plan should be to pay off your rent arrears.

State whether you want a rent reduction, and if so, how much and for what period.

Complete a Financial circumstances statement and attach it to your application.

Unreasonable park rules
The site tenant wants VCAT to declare a park rule to be unreasonable and invalid.

206ZZA

Explain what the park rule is, why you think it is unreasonable and how it affects you.

Provide a copy of the park rules.

Reduction of a fixed term tenancy - severe hardship
The site tenant wants VCAT to make orders ending the fixed-term site agreement early because of severe hardship.

576

Provide a copy of the site agreement.

Explain what has happened and why you want to reduce the term of the fixed-term site agreement.

Specify when you want the fixed-term site agreement to end.

Ending or creating a new site agreement due to personal or family violence
A party to a site agreement, or someone living in a Part 4A dwelling who is an owner or part-owner of the dwelling but is not on the site agreement, wants to end a site agreement or enter into a new site agreement because they are experiencing (or have experienced) personal or family violence from a party to the site agreement.

317M

Complete an application by a person experiencing personal or family violence.

Provide a copy of any intervention order and the application for that order.

Provide a copy of your written site agreement (if you have one) and a copy of the RTBA bond receipt (if relevant).

Compensation or return of goods or personal documents
The site tenant or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the site and wrongfully retained, and/or wants compensation.

397

Provide details of the goods or personal documents that you want returned.

If claiming compensation, explain how the site owner breached their obligation.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

Compensation for loss of goods or personal documents
The site tenant or owner of goods or documents wants compensation because the site owner wilfully or recklessly damaged or lost stored goods or personal documents after the end of a site agreement.

398

Provide details of the goods or personal documents.

Explain why you think the site owner has wilfully or recklessly damaged or lost goods or documents.

Provide details of each item of loss or damage claimed as a result of the breach, the amount claimed for each item and how the amount claimed has been calculated.

About applying for a termination order or both a termination and possession order

An accommodation provider (landlord, rooming house owner, caravan owner, caravan park owner or Part 4A site owner) can apply for a termination order or both a termination and possession order under Part 16 of the Residential Tenancies Act 1997. This is in effect for a temporary period due to the COVID-19 Omnibus (Emergency Measures) Act 2020.

Termination orders or termination and possession orders

Under section 548, 558, 569 and 581 of the Act, an accommodation provider can apply for either:

  • a termination order – where VCAT makes an order ending the tenancy, residency or site agreement on a specified date. If the tenant, resident or site tenant does not vacate by that date the accommodation provider can then apply for a possession order under at a later date
  • a termination and possession order – where VCAT makes an order ending the tenancy, residency or site agreement and also grants the accommodation provider a possession order at the same time. If the tenant, resident or site tenant fails to vacate by the date specified in the possession order, the accommodation provider can apply for a warrant of possession, which authorises the police to forcibly remove the tenant, resident or site tenant from the rented premises, rooming house or caravan park.

The Act specifies the earliest date that the tenant, resident or site tenant can be required to leave in a termination order, depending on the ground for the order.

Possession orders

Under section 550, 560, 570 and 583 of the Act, an accommodation provider can apply for a possession order only if they already have a termination order and the tenant, resident or site tenant has not vacated by the date specified in that order.

If the tenant, resident or site tenant fails to vacate by the date specified in the possession order, the accommodation provider can apply for a warrant of possession, which authorises the police to forcibly remove the tenant, resident or site tenant from the rented premises, rooming house or caravan park.

Apply now

If you are looking to make an application, go to: Renting a home.

  • Title What section numbers mean in the Residential Tenancies Act
  • List
    Residential Tenancies List
  • Language
    English