Common reasons to apply to VCAT
Renters apply to VCAT on a variety of matters. There are examples on this page of applications for:
- Urgent repairs
- Getting your money back for urgent repairs
- Non-urgent repairs
This information is a guide and should not be used as a substitute for professional legal advice.
Renters apply to VCAT on a variety of matters. There are examples on this page of applications for:
Use the General Application form [VCAT website].
For people experiencing personal or family violence, there is a separate application form [VCAT website].
Collect all the evidence you have to support your application.
VCAT’s prepare evidence page has more information on using evidence to support your VCAT application.
If using a paper application rather than an online application, make 3 copies of the completed application form and all your evidence.
You will need 3 sets – one for you, one for the rental provider (landlord), or agent, and one for VCAT.
You can copy, scan or take photos but make sure the copies are good enough that you can read everything clearly.
Keep a copy of the application form and all your evidence for yourself. Keep this safe as you will need it at the hearing.
Give these things to VCAT:
You may have to pay an application fee. See our page on VCAT.
If using a paper application form and taking it in person, write down the date, time and name of the person you handed it to. Details of where to take it are on the form.
If you apply online, you should also email VCAT – Renting@vcat.vic.gov.au – to let them know your application is urgent, because the online system might not be able to assess the urgency.
If you are using a paper application form and cannot give this to VCAT in person, you can send it by express registered post so it can get there as fast as possible. If sending by post, keep your receipt and tracking number.
You will need to allow time for delivery.
If your application is urgent, for example, for urgent repairs, an urgent restraining order, an application involving family or personal violence, or applying to re-open a missed hearing, we recommend you contact VCAT by phone 1300 01 822 or in person to discuss the best way to make your application so it can be heard as quickly as possible.
If you go in person to discuss this with VCAT, take your application form with you so you can give it them at the same time.
The law requires you to give a copy of the application, and evidence, to the rental provider or agent. This must be done within 7 days of giving your application to VCAT, or immediately if your application is urgent.
This is called ‘service’ and VCAT might ask you to prove it has been done. Service of your application is required so that everyone knows what you are asking VCAT to do and everyone has a reasonable opportunity to attend and respond to your application.
Hand delivering your application is the safest way to prove service. Keep a note of the date, time and name of the person you handed it to.
Some rental providers or agents may include a statement in the tenancy agreement that they will not accept emails. But the law (VCAT Rules – Order 4) says you can send a VCAT application to a rental provider or their agent by email.
If you send the application by email you should check that it has been received. Also check to see if you can add a ‘delivery’ or ‘read’ receipt to your email before you send it, which can send you an automatic reply.
If you cannot give the rental provider, or agent, the application in person or by email, we recommend express post or registered express post so it gets there quickly and in time for the hearing. If sending by post, keep your receipt and tracking number.
You will need to allow time for delivery.
VCAT will send you a notice of hearing to let you know when and where the hearing will be. This normally comes by post.
If your application is urgent, for example for urgent repairs or for an urgent restraining order, it is better to call VCAT the day after you apply to find out the date of the hearing. You should also make sure the rental provider knows the date.
Find useful information and tips on our page on VCAT.
Also see the page on VCAT’s website, Prepare for the hearing.
After hearing your application and evidence of everyone at the hearing, VCAT can decide whether or not to make an ‘order’ which is a legally binding decision about the case.
If the VCAT Member makes an order, check with them if they have included the right to renew the application. This means you can take the rental provider back to VCAT if they haven’t followed the order.
You can apply to VCAT to order the rental provider to arrange for urgent repairs if:
See our page, Repairs and maintenance
Make sure you write about:
It is important that you keep paying your rent even if you are having problems getting the rental provider to arrange for repairs. But you can add to your application that you want to pay it to VCAT’s Rent Special Account rather than the rental provider until the repairs are done. If VCAT approves this, you keep paying rent but the rental provider does not get the money until the repairs are done.
Include anything that supports your application, such as:
If VCAT orders the rental provider to do the repairs, they must do them immediately or by the date in the order.
If they do not, and the orders include a right to renew the application, you can take the rental provider back to VCAT. To do this you can usually just write to VCAT and notify the rental provider that you have done this. You should also provide an update and any evidence of the rental provider failing to follow the orders.
You might also be able to ask for compensation from the rental provider. See our page, Compensation.
Repair orders often include an option to apply for compensation at the same time you take a rental provider back to VCAT if they have not followed the orders. If you know how much compensation you want until the orders have been followed and the repairs carried out, you can make that claim at the same time as you renew the application. But if you do not, or you are finding that too stressful, you can tell VCAT that you wish to make a claim for compensation at a different time.
You can apply to VCAT to order the rental provider to reimburse or pay you back for urgent repairs you paid for if:
See our page, Repairs and maintenance.
Make sure you write about:
Include anything that supports your application, such as:
If VCAT orders the rental provider to reimburse/or pay you for the cost of the repairs, they must pay you the amount in the order immediately or by the date in the order.
You can apply to VCAT to order the rental provider to arrange for non-urgent repairs if:
Or:
If you request an inspection from Consumer Affairs Victoria, you cannot apply to VCAT for an order for non-urgent repairs until either you have received a report from Consumer Affairs Victoria or Consumer Affairs Victoria has refused to provide a report.
Make sure you write about what needs to be fixed, and about what you want VCAT to do. For example, you want VCAT to make an order that the rental provider must arrange for the repairs to be done by a suitably qualified person by a certain time.
It is important that you keep paying your rent even if you are having problems getting the rental provider to arrange for repairs. However, you can add to your application that you want to pay it to VCAT’s Rent Special Account rather than the rental provider until the repairs are done. If VCAT approves this, you keep paying rent but the rental provider does not get the money until the repairs are done.
Include anything that supports your application, such as:
If VCAT orders the rental provider to do the repairs, they must do them immediately or by the date in the order.
If they do not, and the orders include a right to renew the application, you can take the rental provider back to VCAT. To do this you can usually just write to VCAT and notify the rental provider that you have done this. You should also provide an update and any evidence of the rental provider failing to follow the orders.
You might also be able to ask for compensation from the rental provider. See our page, Compensation.
Repair orders often include an option to apply for compensation at the same time you take a rental provider back to VCAT if they have not followed the orders. If you know how much compensation you want until the orders have been followed and the repairs carried out you can make that claim at the same time as you renew the application. But if you do not, or you are finding that too stressful, you can tell VCAT that you wish to make a claim for compensation at a different time.
VCAT
Repairs and maintenance
Compensation for renters
Mediation referrals by VCAT