A Comprehensive Guide to VCAT | Victoria Tenancy Tribunal Disputes
In Victoria, residential tenancy disputes are handled by the Victorian Civil and Administrative Tribunal (VCAT) in its Residential Tenancies Division. Thanks to comprehensive renting laws and a tenant-friendly process, VCAT is a forum where renters and landlords can resolve issues relatively quickly and inexpensively. This guide covers the process in Victoria – from applying to VCAT to dealing with strata issues in apartment rentals – in an easy-to-follow way.
Navigating VCAT
Table of Contents
Step-by-Step Guide to Applying for a Tribunal Hearing
Types of Disputes Covered
Best Practices, Tips, and Tricks
Success Stories
Strata Implications
Who Can Help?
Step-by-Step Guide to Applying for a Tribunal Hearing
Talk to Your Landlord or Agent First: Before leaping into a tribunal application, try to resolve the problem directly. Victorian law expects that you’ve at least attempted negotiation. Explain the issue to your rental provider (landlord) or property manager in writing and suggest a solution. Often, clear communication can fix misunderstandings. If it doesn’t, you have formal options.
Use Consumer Affairs Victoria (CAV) if Possible: For certain disputes, you can seek free help from Consumer Affairs Victoria. CAV runs a voluntary dispute resolution service. For example, if it’s a non-urgent repair not being done, you might contact CAV to request an inspection and report, or if you think a rent increase is too high, you can ask CAV for an official rent assessment. While CAV’s process isn’t mandatory in most cases (except in a few scenarios like rooming houses), it can strengthen your position. A CAV inspection report on repairs or rent can become key evidence if you later go to VCAT.
Complete the Correct VCAT Application Form: If the issue isn’t resolved, the next step is to apply to VCAT. This is done by filling out a Residential Tenancy Application. VCAT now encourages using their online application (via the Residential Tenancies Hub), but paper forms are also available. Ensure you use the right form:
The General Application form covers most disputes (bond, repairs, compensation, etc.).
If you are in a situation involving family or personal violence, there’s a special application form to use. This allows VCAT to handle things like transferring a lease or terminating a tenancy due to violence sensitively.
Fill in your details and the landlord’s details accurately. In Victoria, landlords are now called “rental providers” and tenants “renters” under the law, but the VCAT form will still ask for the landlord or agent’s name and address. If the property is managed by an agent, you can list the agent for contact, but do name the actual landlord (you can find this on your lease).
State What Orders You Are Seeking: On the form, you will need to tick boxes or write what you want VCAT to do. Be specific and include all relevant orders. For example, if you’re claiming bond and compensation for cleaning, tick both the bond refund and a compensation order for $X. If you want repairs, request an order for the landlord to fix item A, B, C. If it’s about ending a lease, specify if you seek termination without fees. This guides the tribunal on how to help you.
Attach Supporting Documents: Unlike some courts, VCAT encourages you to attach your evidence to the application (especially if applying online). For instance, upload photos of damage, copies of repair request emails, receipts, or a Comparative Rental Analysis. This can expedite the process. If you apply on paper, make 3 copies of the form and all evidence – one for VCAT, one for the landlord, one for yourself. VCAT will stamp and keep their copy, and you’ll need to serve the other copy on the landlord. It’s a good idea to keep your own originals safe in a folder for the hearing.
Pay the Application Fee (or Apply for Waiver): VCAT charges a fee to lodge an application, but it’s modest and often waived for those who can’t afford it. As of 2025, the standard application fee for a renter is less than $100. However, many renters qualify for fee relief. When applying online, the system will ask if you qualify for a fee waiver and might ask you to upload proof (like a concession card). If you apply in person, bring your concession card or a filled-out fee waiver form. Do not let the fee stop you – VCAT doesn’t want cost to be a barrier, and they routinely waive fees for those in need.
Lodge the Application with VCAT: You can submit online (you’ll get a reference number and confirmation email). If using a paper form, you can lodge it in person at VCAT’s office (55 King Street, Melbourne, or at certain magistrates’ courts in regional areas) or by post. Lodging in person is nice because you can have staff check it and stamp your copies. Take note of the date you lodged and any VCAT reference number. If in person, the counter staff will usually help ensure you included everything. Keep your copy of the application safe – it has the stamp which proves when you filed.
Serve the Application on the Landlord/Agent: In Victoria, you (the applicant) are required to give a copy of the application and attached evidence to the other party (the respondent). If you applied online, VCAT will email you instructions for service. Always follow any specific service directions VCAT gives. Typically, you can serve by:
Email – if you have been communicating with the agent/landlord by email, this is quickest (and currently allowed under the law if that’s been an agreed method of communication).
Post or Hand Delivery – send a copy via registered mail or deliver it to their business address. Keep proof of postage or a photo of dropping it off.
For urgent matters (like urgent repairs or urgent hearings), VCAT might tell you to also call the other party to inform them once you’ve lodged, due to short timeframes.
VCAT Schedules a Hearing: After lodging, VCAT will process your application and set a hearing date. You will receive a Notice of Hearing (by email or post). If you have a conflict with the scheduled date (say you’ll be interstate), you can request a reschedule (adjournment), but do this well in advance and only if necessary. It’s better to prioritise attending. The wait time depends on the urgency and type of dispute:
Urgent matters (e.g., urgent repairs, urgent termination for violence, etc.) are listed very quickly – sometimes within a few days to a couple of weeks. You can even call VCAT to emphasise the urgency if applicable, as mentioned on the form.
Non-urgent matters might be scheduled a few weeks out. VCAT aims to resolve most cases within 4–6 weeks of filing.
Bond disputes are often scheduled within a few weeks, especially if it’s just about bond with no other claims.
Prepare Your Case: Use the time before the hearing wisely:
Gather additional evidence: If you haven’t already submitted some crucial evidence, you can still bring it to the hearing. For example, if since filing the application the issue continued, document the latest incidents. Make sure you have at least 3 copies of anything new to hand up to the VCAT member and the other side.
Plan what to say: Much like in NSW, it helps to outline the points you want to make. VCAT is less formal, but you’ll still want to be concise and factual. Perhaps practice explaining your situation in a few minutes.
Consider witnesses: If someone else can support your case (a roommate, a neighbour who saw the leaks, etc.), you can ask them to attend as a witness. Witnesses are allowed, though VCAT will typically just ask them to affirm their statement and answer questions. If a witness can’t attend, you could have them write a signed statement (statutory declaration) to submit – not as strong as in-person, but better than nothing.
Learn the Law: The Residential Tenancies Act 1997 (Vic) underwent major amendments in 2021, introducing many new renter rights (like minimum standards, faster repairs, etc.). Check authoritative sources for your issue – Consumer Affairs Victoria’s website and Tenants Victoria have updated guides. For instance, Tenants Victoria’s site has an entire section on “Applying to VCAT” with guidance.
Notify VCAT of special needs: If you need an interpreter or have a disability requiring an accommodation (e.g., hearing loop, wheelchair access), inform VCAT before the hearing so they arrange it.
Attend the VCAT Hearing: On the day, be on time (or if by phone/online, join early). Most residential tenancy hearings are relatively informal. You’ll typically be in a small hearing room or in a conference call with a VCAT member (the adjudicator). There isn’t strict courtroom protocol – e.g., you can address the member as “Member [Last Name]” or simply “Sir/Madam.” Both parties will get to speak. The member often asks the applicant (you) to summarise the claim first. State the key points of your case and what outcome you seek. Then the respondent (landlord or agent) will respond. There may be some back-and-forth questions. If you feel the other side is not telling the truth on something important, politely provide your contrary evidence when you speak (“I’d like to clarify that…”). The atmosphere is businesslike but conversational. Remember, VCAT is not a court of evidence – it can consider any evidence even if not in affidavit form, and it isn’t bound by strict rules of evidence, so you and the landlord can just talk it through.
Conciliation at VCAT: Note that unlike NCAT, VCAT usually does not have a separate conciliation step with another officer on the hearing day – the VCAT member themselves may help the parties negotiate during the hearing. Sometimes, if both parties are present early, a VCAT case officer might ask if you want to attempt a settlement discussion before the member hears it. If you do settle (say the landlord agrees to fix everything in two weeks and pay part of your costs), you can ask the member to make it a consent order. If not, the member will decide.
Receive the Decision: VCAT decisions can be given on the spot orally, especially for straightforward cases. The member might announce the orders at the end of the hearing and then provide a written order notice to each party (or email it shortly after). In more complex cases, the member might reserve the decision and mail it to you within a few days. Either way, you will get a written order that states what each party must do. Orders could be: pay X dollars by Y date, terminate the lease effective a certain date, perform specified repairs, etc. VCAT orders are legally binding and enforceable.
Compliance and Enforcement: Most landlords and tenants comply with VCAT orders without further action. If a landlord doesn’t, say, do ordered repairs, you can bring the matter back to VCAT or consider ending the lease. If a party doesn’t pay money ordered, the other can register the order with the Magistrates’ Court to pursue it like a normal judgment (which might involve debt collection). If you got an order for possession (eviction), the landlord can purchase a warrant from VCAT to have police execute the eviction if you don’t leave by the date. Hopefully none of that will be needed – but know that the orders have teeth.
If you strongly disagree with a VCAT decision, appeals are limited. You typically can only appeal on a question of law to the Supreme Court (an expensive and rare step). VCAT does have a rehearing process for some cases if one party didn’t attend, and an internal review process for certain decisions, but these are not common in residential cases. It’s usually best to present your strongest case the first time at VCAT.
Types of Disputes Covered
VCAT’s Residential Tenancies Division deals with virtually all disputes related to renting a home in Victoria. The scope is very broad, thanks to the Residential Tenancies Act covering everything from move-in to move-out. Here are the common types of disputes:
Bond disputes: These are extremely common. At the end of a tenancy, if the renter and rental provider can’t agree on how the bond should be divided, either can apply to VCAT. For example, if the landlord claims part of your bond for cleaning or damages and you think that’s unfair, you can ask VCAT to order the bond repaid to you. VCAT will examine the evidence: condition reports, photos, invoices, etc., to decide what is fair. Often, landlords claim for things considered fair wear and tear, which legally you are not liable for. VCAT can dismiss such claims and order a full bond refund to the tenant.
Repairs and maintenance: Disputes about repairs are a big category. Under Victorian law, landlords must maintain the property in good repair and meet minimum standards (introduced in 2021) for things like heating, ventilation, security, etc. If it’s an urgent repair (e.g., broken hot water service, gas leak, dangerous electrical fault), and the landlord isn’t fixing it promptly, a tenant can apply to VCAT in as little as 2 days after requesting the repair. VCAT can order the landlord to carry out urgent repairs immediately, or allow the tenant to arrange it and be reimbursed. For non-urgent repairs, the process is to first notify the landlord in writing and wait 14 days. If not done, you may get CAV to conduct an inspection and report. Then you can apply to VCAT for an order that the landlord do the repairs by a certain deadline. VCAT can also award compensation or a rent reduction if you suffered due to the disrepair (for instance, loss of use of a room because of a leak). With the new minimum standards, if something fundamental is missing or broken (like no heater in lounge in winter), that can also be treated as a repair issue.
Rent increases: Victoria has strict rules on rent increases. During a fixed-term lease of less than 2 years, the rent usually can’t be increased unless the contract allows it and even then not more than once in 12 months. For periodic tenancies or longer fixed terms, increases can’t occur more than once per year. If a renter feels a proposed increase is excessive, SaveMyRent can confirm if it is and negotiate with their rental provider. Following that, they can apply to Consumer Affairs Victoria for a rent assessment report, and then to VCAT to challenge the increase. VCAT will consider SaveMyRent Comparative Rental Analysis and negotiation alongside the CAV report on market rent and can order that the increase not go ahead or be reduced. In practice, since 2020 many tenants have successfully challenged steep rent hikes at VCAT, especially if the increase was well above market rates or in poor condition housing. There are also special rules limiting increases for rooming houses and caravan parks.
Termination and eviction disputes: Any end-of-tenancy issue can come to VCAT. For instance, if you get a Notice to Vacate (eviction notice) from the landlord and you believe it’s not valid or not justified, you can remain in the property and the landlord must apply to VCAT for a Possession Order. At that VCAT hearing, you can contest the eviction. Common scenarios:
Rent arrears: If you’ve received a notice for rent owed and you pay the arrears (or present a payment plan and evidence of difficulty), VCAT might dismiss or postpone the eviction. Under the law, if you’ve paid up all the rent by the hearing, VCAT must generally dismiss the possession application.
No specified reason (end of fixed term): As of new laws, “no reason” evictions are mostly abolished in Vic for periodic tenancies; landlords need a valid reason (like sale of property, owner moving in, etc.). If a landlord tries to end a tenancy without a valid ground, you can argue it’s not permitted.
Tenant breach (damage, nuisance): The landlord will have to convince VCAT that the breach occurred and was serious enough to warrant eviction. You can provide your side (maybe the issue is fixed or exaggerated).
Tenant wants to terminate: Conversely, a tenant can apply to VCAT to end the tenancy – for example, due to severe hardship (if unexpected events make it untenable to continue) or landlord’s breach. VCAT can grant an early termination without penalty in such cases.
Family violence: A affected tenant can apply to VCAT to break a lease or remove the perpetrator’s name from the lease. VCAT handles these sensitively and can make orders to transfer the tenancy to a survivor of domestic violence. VCAT’s role is to ensure evictions are lawful and justified. It can also reinstate tenancies in some cases (for example, if a tenant was evicted in their absence unfairly, VCAT can undo that, though that’s uncommon).
Bond and compensation at end of tenancy: Apart from bond, landlords or tenants can claim other costs. Landlords might claim for damages beyond wear and tear, cleaning, unpaid rent, or lease break fees. Tenants might claim compensation for issues like failure to repair or unauthorised entry (e.g., if a landlord’s breach caused you loss). VCAT will hear these claims together, often right after a tenancy ends. If you’re the tenant, it’s a chance to argue why you shouldn’t bear those costs – e.g., present the exit condition report, photos, and receipts showing you cleaned professionally, etc. Likewise, if a landlord failed to return your goods or caused you to incur expenses, you can claim those.
Breach of duties claims: The law outlines duties for both parties (tenant’s duties to not damage, not disturb neighbours, etc., and landlord’s duties to provide locks, receipts, etc.). If one side breaches a duty, the other can apply for a VCAT order to either compel compliance or for compensation. For example, if a landlord doesn’t provide proper locks on windows, a tenant could apply for an order that locks be installed (and possibly a rent reduction until they are). If a tenant changes the locks without permission and refuses to give the landlord a key, the landlord could seek an order for a key or to change them back.
Illegal acts and urgent orders: If a serious illegal act occurs (e.g., the landlord removes the tenant’s goods or a tenant sublets illegally), VCAT can make urgent orders to rectify that. Tenants can get urgent hearings if the landlord has illegally locked them out – VCAT can order the landlord to let the tenant back in immediately, often on the same day. Similarly, if a tenant has caused serious damage or violence, a landlord can apply within 14 days for immediate possession on that ground.
Rent repayment and reductions: If services are reduced or the property is partially uninhabitable, a tenant can seek a rent reduction order from VCAT. For example, if one room is unusable due to a roof collapse, VCAT might order rent to be cut by a percentage until it’s fixed. If the landlord overcharged you for something (like water bills you shouldn’t pay), VCAT can order reimbursement.
Database (Blacklist) disputes: If you find you’ve been listed on a tenant database (sometimes called a blacklist like TICA) and you think it’s wrongful (e.g., the debt wasn’t yours or wasn’t notified properly), you can apply to VCAT to have the listing removed or amended. New laws tightly regulate listings – they’re only for certain breaches and must be removed after 3 years. VCAT can make orders about these listings.
Rooming house, Caravan park, and Site disputes: VCAT also covers rooming house resident disputes, caravan park resident disputes, and residential site (park) disputes. These have slightly different rules but the principle is the same – if you live in a rooming house or caravan and have issues like others, VCAT is the venue.
To sum up, almost any conflict between a renter and a rental provider can be taken to VCAT. The tribunal is empowered to make orders on any dispute under a residential tenancy agreement and under the Residential Tenancies Act. From big problems like evictions and major repairs to small ones like replacing lost keys charges, VCAT can sort it out. It’s intended to be a one-stop forum for tenancy issues, and matters are often resolved quite fast – VCAT’s Residential Tenancies List is high-volume and aims to finalise cases typically within weeks.
Best Practices, Tips, and Tricks
Going to VCAT might feel daunting, but these tips will help you navigate the process confidently and effectively:
Timeline of Key Events: Start by writing down a simple timeline of what happened and when. Include dates of moving in, when problems arose, when you contacted the landlord, etc. This chronology will help you explain the situation clearly to the VCAT member. It also ensures you don’t forget to mention something important while speaking. Keep it to the point (you can bring a one-page timeline for your own reference during the hearing).
Know the New Rules (Post-2021): Victoria’s rental laws had a major overhaul in 2021, granting tenants many new rights (such as the right to keep pets with consent, faster urgent repairs, no eviction without a valid reason, etc.). Use these to your advantage. For example:
If your landlord is evicting you without a valid reason, point out that “no fault” evictions for periodic leases are no longer allowed except in specific circumstances.
If you needed to install a lock or smoke alarm battery, know that tenants can make certain minor modifications without landlord consent now (like securing furniture to walls for safety).
If you requested permission for a pet and the landlord refused, note that the landlord had to apply to VCAT within 14 days of your request or else the pet is deemed allowed by default.
By being aware of these rights, you can assert them at VCAT. The Member will definitely know the law, but it impresses your case if you also frame your issue in terms of these rights (e.g., “I exercised my right to have a pet under the Act, and the landlord did not obtain a VCAT order refusing it, so I believe the notice to vacate over my cat is invalid.”).
Evidence, Evidence, Evidence: This cannot be stressed enough. Decisions at VCAT are based on evidence and what’s reasonable. Bring all relevant evidence and present it logically. Important pieces of evidence in tenancy cases include:
Condition reports (ingoing and outgoing) – vital for bond and damage claims.
Photographs or videos – a picture of the mouldy ceiling or the overgrown yard can speak volumes. Print out photographs or have them ready to screen-share if it’s a phone hearing (VCAT may allow emailing evidence during a remote hearing if both parties agree).
Receipts, invoices, quotes – if you’re claiming reimbursement (for example, you paid for an urgent plumber $200), have the invoice. If the landlord claims cleaning costs, ask them for receipts or quotes – at VCAT, they must substantiate costs.
Communications – emails, text messages, letters between you and the landlord/agent. These can prove you notified the landlord of an issue or show what was agreed. If you had phone calls, write down a summary of what was said and when, and confirm important discussions via email if possible (“Following up our call, I confirm you agreed to replace the stove by next Friday…”).
CAV Inspection Report – if you went through Consumer Affairs or SaveMyRent for a report, that official report is strong evidence. It’s an independent assessment backing your position (e.g., that the rent is indeed above market).
Witness statements – if a neighbour saw water leaking into your unit from upstairs every time it rained, a short written statement from them or, better yet, them attending as a witness can support your testimony.
Relevant correspondences with third parties – for instance, if the Council issued an order about the property (like it’s not safe), bring that. Or if an electrician told you the wiring is old and dangerous, ask them for an email confirming what they found. Basically, you want to avoid a “he said, she said” situation. Solid evidence tips the scales in your favorur.
Use Tenants Victoria Resources: Tenants Victoria (the state’s tenant advocacy organisation) has excellent guides and template letters. Their website’s “Advice” section is gold – for example, they provide step-by-step guides on “Applying to VCAT”, plus sample forms.
Arrive Early and Observe (if in person): If your hearing is in person at VCAT’s venue, arrive at least 20-30 minutes early. Check in with the VCAT clerk to let them know you’re present. If possible, sit in on another tenancy hearing before yours (provided it’s public and not closed for privacy). VCAT hearings are generally open to the public. Watching another case can demystify the process – you’ll see how the member interacts and the kind of questions asked. It can calm nerves and give last-minute pointers (“Oh, the member asked that tenant if they had receipts – I’ll make sure mine are handy”).
Be Respectful but Firm: Address the VCAT member politely and don’t interrupt the other side (the member will give you a chance to respond to any incorrect claims). Even if the landlord/agent is being hostile or untruthful, keep your cool – your calm demeanor will make you more credible. However, don’t be afraid to stand up for yourself. If the other side says something blatantly untrue, you can calmly say, when it’s your turn, “I need to correct that: in fact, I have an email here from 5 May where I reported that issue, contrary to the agent’s claim I never informed them.” The tribunal environment allows you to speak openly – just do so courteously.
Highlight Any Hardship or Special Circumstances: If you will suffer hardship from an outcome, let VCAT know. For example, if eviction is being considered, explain your personal circumstances – maybe you have young children or it’s very hard to find new housing (provide evidence, like applications you’ve made). While VCAT must apply the law, members are human and do consider equity. The law even directs consideration of hardship in some cases (e.g., in termination for non-payment, VCAT can put the tenancy on probation rather than evict if the tenant’s situation is improving). On the flip side, if the landlord is claiming something that seems overly punitive, you can argue it’s not reasonable (e.g., “The landlord is claiming 8 weeks of rent as a lease break fee, but they re-let the property after 2 weeks – making me pay beyond that is not justified.”).
Use Plain Language and Be Ready to Explain Details: VCAT isn’t a place for legal jargon. Explain things in your own words. If referring to the law, you can quote it plainly (e.g., “Under section 65 of the Act, the landlord has to ensure the premises are maintained in good repair. I believe they failed that duty.”). The member will understand. Also, be prepared to clarify anything unusual – for instance, if you’re claiming compensation for food spoilage because the fridge provided broke, mention how you calculated the cost (maybe you have receipts or a list of items). Clarity helps the member trust your claims.
Don’t Take Settlement Pressure You Don’t Want: Sometimes, an agent might approach you before the hearing saying, “Let’s agree to split the bond” or “If you drop your claim, we won’t blacklist you,” etc. Only agree if it’s genuinely a fair compromise for you. You have a right to have VCAT determine the matter. If you do make an agreement, have it recorded as a consent order at VCAT (so it’s enforceable). Never let an opposing party intimidate you into withdrawing your application – VCAT is there to give an impartial ruling, which might well be in your favour if your evidence is good.
Follow VCAT Orders Promptly: If VCAT makes orders (especially if you have to do something, like pay rent arrears by a date or allow the landlord access to do repairs), be sure to comply on time. Not only is it your legal obligation, but failing to do so could undo any goodwill or advantage you had. If the order wasn’t what you hoped, consider it a learning experience and move forward. But if you won, congrats – follow through on any parts you need to do (for instance, maybe VCAT ordered you to allow access on certain dates for a repair – make sure you do).
By adhering to these best practices, you significantly improve your chances at VCAT. Essentially, preparation and knowledge are your best weapons. VCAT Members often remark that well-prepared tenants (or landlords) make their job easier and their case more compelling. Even little things like having documents labelled or using sticky notes to mark important pages can make a difference when you’re flipping through papers under pressure.
Lastly, remember that VCAT is intended to be accessible – you’re encouraged to represent yourself, and Members will usually help by asking questions to tease out necessary information. Don’t be afraid to ask the Member a question if you don’t understand something, like “Could I clarify what you mean?” or “Is there any other information you need to see?”. This shows you’re cooperative. VCAT is less formal than a court, so the experience is more of a structured conversation to reach a fair outcome. With the right prep and mindset, you’ll handle it just fine.
Success Stories
Victoria’s strengthened renting laws and the VCAT process have led to many success stories where tenants stood up for their rights and won. Here are a few inspiring examples:
Family Wins Fight Against Excessive Rent Increase
A renter in Melbourne was hit with a rent increase far above the norm. They loved their home and didn’t want to move, but the jump was unaffordable. Instead of accepting it, they gathered evidence: they requested a free rent assessment from Consumer Affairs Victoria and did their own research. Armed with this research, they applied to VCAT to challenge the increase. At the hearing, the VCAT member reviewed the evidence of similar properties renting for much less. VCAT ruled the increase was indeed excessive and reduced it significantly. The renter got to stay in their home at a fair rent. This case encouraged countless other Victorian renters to know they can contest unfair rent hikes – you do not have to simply accept whatever is thrown at you if it’s beyond market value or unreasonable.
Tenant Wins VCAT Case Against Landlord’s Dodgy Development Plans
A family renting in Victoria was blindsided when their landlord announced that construction would begin within two weeks—right in the middle of their lease. Instead of backing down, the tenants took their case to VCAT. The tenants were asked what they wanted as a resolution, and VCAT ruled in their favour, issuing a restraining order against the landlord and the REA. This order prevented them from entering the property until the tenants had vacated, ensuring the family could find a new home without harassment. Within six weeks, they successfully relocated with their full bond returned. This case proves that tenants in Victoria have real protections. VCAT is a powerful tool for renters facing unfair treatment, and it shows that landlords cannot simply bulldoze over tenants’ rights.
These stories underscore a few themes: tenants can and do win when they are correct and prepared, the 2021 law changes have given tenants more leverage (as seen in the pet and eviction cases), and VCAT can act swiftly when needed (urgent repairs, excessive increases). Moreover, each win tends to ripple outward. For instance, when tenants started successfully challenging rent increases at VCAT, it encouraged more tenants to negotiate or challenge, which in turn discourages landlords from attempting unjustified hikes.
Another important aspect is the role of advocacy and legal help in these successes. Many tenants in these stories reached out to services like Tenants Victoria, community legal centres, or used resources like SaveMyRent. Those supports often tip the scales by informing tenants of their full rights and how to assert them properly.
While not every case will end in a dramatic “victory” – sometimes compromise is the result – these successes show that the system can work in the renter’s favour. If you’re informed and proactive, you stand a good chance of resolving your tenancy issue fairly, and perhaps even setting a positive precedent for others.
Strata Implications
In Victoria, a significant number of renters live in properties that are part of an Owners Corporation (OC) – the Victorian term for a strata or body corporate, which applies to apartments, units, or townhouses on shared land. Renting in a strata property means there’s an added layer of rules and stakeholders. Here’s how strata living can affect tenancy and what to be mindful of:
Owners Corporation Responsibilities: The Owners Corporation is responsible for managing and maintaining common property – areas like hallways, gardens, roofs, shared pipes, lifts, and so on. If you’re a tenant in an apartment, your landlord (the unit owner) pays fees to the OC for upkeep of these areas. Importantly, if something on common property needs repair and it’s affecting your unit (say the roof is leaking into your bedroom), it’s the OC’s job to fix the roof. However, you must go through your landlord or agent to get it addressed. Notify the landlord in writing as soon as you notice a problem that seems to stem from beyond your unit. The landlord should then raise it with the Owners Corporation or strata manager. If the OC drags its feet, your landlord may have to take action at VCAT’s Owners Corporations List or through OC dispute resolution channels – but from your perspective as a tenant, your recourse is to pressure your landlord (including via a VCAT repair order against the landlord). Under the tenancy law, the landlord can’t use “it’s the OC’s job” as an excuse – they are still obliged to ensure the property is maintained. So while there may be delays if coordination with the OC is needed, the landlord is ultimately on the hook to you for getting it fixed.
By-Laws and Rules: Owners Corporations have rules that apply to all occupants, including tenants. These might cover things like noise (no loud noise after 10pm), pet ownership, garbage disposal, parking in visitor spots, use of shared facilities (pools, gyms), etc. When you moved in, ideally the agent or landlord should have given you a copy of the OC rules (often attached to the lease or provided in a welcome pack). If not, you can ask for them or even contact the OC manager to get a copy. You are expected to follow these rules just as owners are. For example, there may be move-in/move-out procedures (booking the elevator for certain hours). Breaking OC rules can lead to warnings or fines to the owner, which they’ll pass on to you. In extreme cases, the OC can take action at VCAT’s Owners Corporation jurisdiction to enforce rules.
Disputes Involving Neighbours: In strata living, disputes can arise with neighbours – maybe the tenant next door is noisy or smoking on the balcony and smoke drifts into your unit. While this isn’t a landlord-tenant dispute, it’s still affecting your tenancy experience. In such cases, you can approach it in a few ways:
Politely talk to the neighbour or write a note (sometimes they might not realise the impact on you).
If that fails, report it to the Owners Corporation or building manager. They can issue a breach of by-law notice to the offending party.
As a tenant, you generally can’t directly take a neighbour to VCAT (that would be the OC’s role to enforce by-laws). But you can encourage the OC to act.
For persistent issues affecting your quiet enjoyment (like loud music nightly), you could seek a rent reduction or even consider giving notice to vacate (breaking lease arguing the place isn’t peaceful as promised). However, these are higher-end responses; trying resolution via OC or mediation is better as a first step.
The Dispute Settlement Centre of Victoria or the OC’s own dispute resolution process can mediate neighbour disputes if needed.
VCAT’s Owners Corporation List vs Residential Tenancies List: Be aware that VCAT has separate sections for tenancy matters and owners corporation matters. If your issue is fundamentally about the OC (say, the OC failing to repair common property that affects you), your landlord might have to file an OC dispute at VCAT to compel the OC to fix it. You as a tenant wouldn’t be the applicant in that case (since you’re not a lot owner), but it could indirectly benefit you. Sometimes, clever tenants will push their landlord to do exactly that – “If you can’t get the OC to fix the broken security gate, I’ll have to ask for a rent reduction because my safety is compromised.” That often motivates the landlord to light a fire under the OC or take them to VCAT (OC list). It’s a bit of a domino effect: you push the landlord under rental law, landlord pushes OC under strata law.
Repair Access and OC Scheduling: If a repair in your unit requires OC involvement (like accessing the roof or a common area), be flexible and work with the strata manager’s schedule. Sometimes they need to coordinate multiple owners or shut off building utilities to do a fix. It can be frustrating if things take time, but maintain communication with your landlord – get updates on when the OC is addressing it. If it’s too slow, you or the landlord can escalate to OC committee meetings or VCAT. Document any extended delays because if it drags on, you might seek a rent reduction for loss of amenity during that period.
Tenant Participation in Owners Corporations: Under Victorian law, tenants don’t have an official role in OC management like voting at meetings (that’s reserved for owners). However, some OCs allow tenants to attend meetings as observers or have informal input, especially in smaller buildings. Realistically, your conduit for influencing OC matters is through your landlord. If you have a proactive landlord who cares about the property, they’ll value your reports of issues (you’re their eyes on the ground) and take them to the OC.
Pet Approvals in Strata: One common strata-landlord-tenant triangle issue is pets. Victorian law says landlords can’t unreasonably refuse pets, but the Owners Corporation may have its own rules. The good news is Victoria also changed laws to prevent OCs from blanket banning pets. An OC can only refuse a pet if it “unreasonably interferes” with others – e.g., a dangerous or constantly barking dog might be an issue, but generally OCs must allow pets too, barring specific problems. If your OC has an outdated no-pet rule, your landlord should help advocate to change that rule (or at least get permission for your case). Many tenants have successfully kept pets in apartments after 2020, even if prior rules frowned on it, because both VCAT and OC regulations now favor pet inclusion. So, don’t be discouraged by a strata rule – seek approval through the proper channels and know both tenancy law and OC law support you having a pet, as long as the pet doesn’t cause serious issues.
Owners Corporation Fees and Utilities: Occasionally, confusion arises about who pays for what in strata. For example, water in some apartments is via a common meter and the OC charges the owner, who might then try to charge the tenant. Victorian law says tenants pay for utilities only if separately metered to their property. If the water is on a shared meter, the landlord (via OC fees) foots that. So be aware – just because it’s strata doesn’t mean you pay it. Check your lease: if an item like water, gas for central boilers, or shared heating/cooling is not separately metered, it’s not a cost the tenant can be asked to cover.
In essence, strata living means communal living. Respect the communal rules and property, and you’ll likely enjoy a harmonious tenancy. When things go wrong in the building, keep your landlord in the loop immediately – it’s in both your interests to have it fixed. And if your landlord is unresponsive, remember you can use VCAT to compel them, which indirectly forces the Owners Corporation to act since the owner will pressure them.
Finally, note that Owners Corporations cannot terminate your tenancy – only your landlord (with VCAT) can. So if, say, the OC is unhappy with tenants having loud parties, they might fine the owner, but they can’t evict you. Don’t let an OC manager tell you “I’ll have you kicked out”; they don’t have that power directly. They’d have to convince your landlord to take action. Knowing this can help you gauge how to respond to any strata-side complaints or threats. Always communicate calmly and aim to resolve issues cooperatively.
A practical tip: introduce yourself politely to the building manager or the OC committee chair (if you meet them), as “I’m the tenant in unit 5, feel free to let me know if there’s anything I should be aware of.” Building managers often appreciate cooperative tenants and might then be more willing to promptly address your concerns as well.
Who Can Help?
Victoria has a robust network of support for tenants. If you encounter a tenancy issue or are heading to VCAT, you don’t have to go it alone. Here’s a list of key advocacy groups, legal services, and organisations in Victoria that offer free or low-cost help to renters:
Tenants Victoria (TV): This is the peak tenant advocacy organisation in the state. Tenants Victoria provides free legal advice, information and sometimes representation to tenants. They have a phone advice line (check their website for hours) and an online advice request form. Their website hosts a wealth of fact sheets, template letters, and guides on issues like bonds, repairs, eviction, VCAT process, and more. If you have a tricky situation, TV’s lawyers or paralegals can give you specific advice. For instance, they might help you calculate a compensation claim or explain how the new laws apply to your case. They prioritise more vulnerable tenants for in-depth assistance, but even their online resources are extremely helpful for self-represented folks.
Consumer Affairs Victoria (CAV): CAV is the government body regulating residential tenancies. They offer information and can step in to resolve some disputes (though they don’t represent tenants or landlords). You can ring CAV for advice about your rights and the proper procedures. They also handle bond lodgements and can tell you the status of your bond or help if your landlord hasn’t lodged it. Importantly, CAV’s Residential Tenancies Dispute Resolution service can mediate certain issues (like non-urgent repairs or bond disagreements) – this is voluntary but can lead to a mediated agreement. CAV also issues the official rent assessment reports and repair inspection reports that can be used at VCAT. Their website has a Renting section that outlines the law in simple terms.
Victoria Legal Aid: Legal Aid has some role in tenancy matters, mostly through providing legal information and in some cases representation. While Legal Aid doesn’t often represent tenants at VCAT for everyday disputes, they might assist in cases where there’s overlap with other issues. They have free booklets and resources on renting (some of which are on their site or available through offices). You can call Legal Aid’s helpline for basic legal advice – if it’s tenancy, they often refer to Tenants Victoria or a community legal centre, but they’ll point you in the right direction.
Community Legal Centres (CLCs): These are independent organisations offering free legal advice to the public, often targeted at those who can’t afford private lawyers. Many CLCs in Victoria handle tenancy cases regularly. For example:
Inner Melbourne Community Legal (formerly the Tenants Union’s legal arm) might help inner-city tenants.
West Justice (Western suburbs) and Eastern Community Legal Centre (Eastern suburbs) both have tenancy programs and have been known to represent or assist tenants at VCAT, especially in cases where the tenant faces hardship or the matter could set an important precedent.
Peninsula CLC, Barwon CLC, Loddon Campaspe CLC, etc., serve various regions and all can advise on tenancy issues.
Aboriginal Legal Service (Victoria) can assist Indigenous tenants, and Victoria’s Consumer Action Law Centre can advise on related areas (e.g., utility hardship, consumer law aspects).
The Federation of CLCs has a directory to find your local centre. If you reach out, they often can give at least advice, and sometimes a lawyer might even go with you to VCAT if your case is complex or you’re at risk of homelessness.
Tenancy Assistance and Advocacy Program (TAAP): TAAP is government-funded and delivered by agencies like housing support services. TAAP workers can help vulnerable tenants (those at risk of eviction, for example) by negotiating with landlords or helping at VCAT. You usually access TAAP via referral from housing support organisations or by calling a participating community agency. It’s meant for those who need a bit more hand-holding – like if language or health barriers make it hard to self-advocate.
Student Unions and University Services: If you are a student, many universities have a Student Union or Student Legal Service that gives free tenancy advice. For example, Monash Student Association, University of Melbourne Student Union (UMSU), RMIT Student Legal Service – they all frequently help students with issues like getting bonds back from sketchy share houses or challenging evictions. Even if you’ve graduated, sometimes alumni can still ask for a consultation. So if you’re a student renter, definitely tap into these – they understand the common pitfalls international or local students face in rentals (like exploitative landlords near campus, etc.).
Dispute Settlement Centre of Victoria (DSCV): This is a free mediation service for neighbours disputes and other conflicts. While not specifically a tenancy resource, if you have a conflict with a neighbour or even with your landlord (that you think could be mediated), DSCV can arrange a mediation at no cost. Sometimes having a neutral mediator can resolve issues without legal action.
Translators and Multicultural Services: Victoria is very multicultural, and services are available in many languages. Tenants Victoria and CAV have some materials in other languages. You can request an interpreter for any advice session or VCAT hearing – this will be provided free. There are also migrant resource centres and community organisations (like Vietnamese, Chinese, African community centres) that occasionally help with housing issues for their communities, often referring them to formal services.
Victorian Equal Opportunity and Human Rights Commission: If you believe you faced discrimination in renting (e.g., denied a tenancy or treated unfairly due to race, religion, family status, etc.), you can get help from this Commission. They can conciliate discrimination disputes. Also, under the Victorian Human Rights Charter (applicable to public authorities like public housing), you have rights that can be raised in proceedings. For instance, a tenant facing eviction from public housing might get legal help to argue it breaches their human rights (as happened in some cases). Community legal centres can advise on this intersection as well.
In summary, help is available at every stage: before issues escalate (advice from Tenants Vic or CAV), during a dispute (advocacy from TAAP or CLCs), at VCAT (some representation programs or duty lawyers), and for specific groups (students, public housing tenants). Don’t hesitate to reach out. These services exist because renting can be complicated, and a little expert guidance can prevent small problems from becoming big ones. Even just a half-hour chat with a tenancy lawyer can illuminate aspects of your case you hadn’t considered.
Finally, if you’re unsure where to start, call Consumer Affairs Victoria or Tenants Victoria – either one can quickly assess who might be best to help you and refer you on. The important thing is to seek advice early. It’s much easier to fix a problem or mount a case with time on your side than at the last minute. So whether it’s a rent increase letter, a repair being ignored, or a VCAT hearing looming, reach out to these supports. They can make all the difference in securing your rights and a stable home.
Final Thoughts
Empowered with the right help, Victorian renters can navigate disputes effectively and ensure their tenancy is safe and fair.
This guide is intended to provide general information for Victoria tenants. Always double-check the latest policies and seek professional advice for your specific situation.
