You and your rental provider both have responsibilities under the Residential Tenancies Act 1997. If either of you breach these duties, you can be given ‘notice for breach of duty’. This notice requires the person who has breached their duties to fix the problem and not commit similar breaches again and/or pay the other party compensation.
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To find out more about breach of duty notices and view the official Consumer Affairs Victoria form, visit: Consumer Affairs Victoria
If you believe that your rental provider is not meeting their responsibilities, you can make a complaint at Consumer Affairs Victoria. However, Consumer Affairs Victoria will expect you to try and solve the issue with your rental provider directly before making a complaint.
To see the Consumer Affairs Victoria complaint form, visit: Consumer Affairs Victoria
Consumer Affairs Victoria recommends that you try to solve disputes with your rental provider by talking to them first. If that doesn’t work, you can make a complaint or give your rental provider a formal written notice.
If you are experiencing issues related to renting, contact a free legal service for advice. In most cases, you can explain your specific circumstances and receive tailored support from these services. Click here for a list of free legal services.
Victorian Civil and Administrative Tribunal (VCAT)
If none of the above options work, you can go to the Victorian Civil and Administrative Tribunal (VCAT). You will need to fill out an application form. If your application is accepted, you will get a notice from VCAT telling you when your hearing will be and how you will need to attend (phone, video conferencing, or in-person).
If you are given a notice of hearing from VCAT, you will need to collate and send evidence to VCAT before the hearing and start preparing your case. At the end of the hearing, VCAT will make an order (for example, they may order your rental provider to pay you money).
To learn more about VCAT and residential tenancies, visit: VCAT
What to expect when going to VCAT:
VCAT will usually ask for you to pay an application fee when making an application. In some cases, you may be able to receive fee relief (for example, if you are experiencing financial hardship).
If your hearing runs for more than 1 day, VCAT will ask you to pay a hearing fee. Most cases involving residential tenancies are resolved within 1 day.
If English is not your first language, you can ask VCAT to arrange for you to have an interpreter for free. It is best to ask for an interpreter as early as you can.
You and your rental provider must follow the order made by VCAT. If your rental provider does not follow the order, you will need to ask a court to enforce VCAT’s order. Depending on the amount of money VCAT has ordered them to pay, this could be the Magistrates Court of Victoria, or the County Court/Supreme Court.
To find out more about resolving disputes with your landlord, visit: Tenants Victoria
If you are having issues with your flatmates or neighbours
VCAT can help you resolve issues between you and your rental provider. VCAT cannot help you resolve issues between you and your flatmates or neighbours. If you are experiencing issues with your flatmates or neighbours, you will need to contact the Dispute Settlement Centre of Victoria (DSCV).
To find out more, visit: Dispute Settlement Centre of Victoria (DSCV)