Repairs and maintenance

The law says these problems need urgent repair:

• A burst water service
• A blocked or broken toilet
• A serious roof leak
• A gas leak
• A dangerous electrical fault
• Flooding or serious flood damage
• Serious storm or fire damage
• A failure or breakdown of any essential service or appliance provided for water, hot water, cooking, heating or doing laundry
• A failure or breakdown of any cooling appliance or service
• A failure to comply with minimum standards, if your lease (officially called a rental agreement) is dated after 29 March 2021. This includes asking for urgent repairs before you move in. Find out more on our page about minimum standards
• A failure or breakdown of any safety-related device, such as a smoke alarm or pool fence
• A failure or breakdown in any appliance or fitting supplied by the landlord (officially called the rental provider) that will result in a large amount of water being wasted
• A failure or breakdown of the gas, electricity or water supply
• Any fault or damage that makes your home unsafe or not secure, including pest infestations and mould or damp caused by the building structure. Find out more on this page about mould and damp
• A serious fault in a lift or staircase

Fixing mould and damp caused by the building structure is an urgent repair under rental laws.

Properties for rent need to be free from mould and damp and meet minimum standards for ventilation. Find out more on our page about minimum standards.

The landlord (officially called the rental provider) or their agent must tell you if a property you want to rent has a history of mould and damp. See our page on what you should know before you sign.

Impact on health

Mould and damp in the home can have harmful health effects, including respiratory problems and mental health impacts.

The Healthy Housing Centre of Research Excellence, a project funded by the National Health and Medical Research Council, has an infographic about how mould and damp can affect your health.

View the Healthy Housing infographic: Health impact of dampness and mould [PDF].

Your responsibilities

The landlord is responsible for fixing mould and damp caused by the property’s building structure.

However, if you cause any mould or damp, you may be asked to fix it. To avoid causing any mould or damp, follow your duties under the rental laws. These include keeping your home reasonably clean and taking care not to cause damage, like remembering to use the exhaust fan in the bathroom.

Sometimes it can be difficult to work out if repairs are urgent.

To start with, look at the list of problems the law says are urgent repairs on this page and check if your issue falls under any of them. For example, if you have a 4-burner stove and 2 burners are not working, it will be an urgent repair, even though the stove is still partly working. It falls under: ‘A failure or breakdown of any essential service or appliance provided for water, hot water, cooking, heating or doing laundry’.

Another way to test if repairs are urgent is to ask yourself if the issue is serious or makes your home unsafe. If you decide it is and apply to Rental Dispute Resolution Victoria (RDRV) and the dispute ends up going to a formal hearing at the Victorian Civil and Administrative Tribunal (VCAT), and VCAT does not agree the repairs are urgent, you will not be penalised. You will just have to go through the process for non-urgent repairs. Read more on this page about applying to RDRV to get urgent repairs done.

Call the landlord (officially called the rental provider) or their agent to report the problem and ask for urgent repairs.

If the problem happens after hours, use the emergency contact number that should be in your lease (officially called a rental agreement). You could also call the agent, even if they are closed, as there may be a recorded message about dealing with urgent repairs after hours.

Put it in writing

Immediately after speaking to the landlord or agent, send them a text or email so your request is also in writing. For help with your written request, see our Repairs Toolkit.

If you note that urgent repairs are needed on the condition report when you move in, the law considers this a written request for urgent repairs.

If you cannot reach anyone

If you cannot reach anyone, you can apply immediately to Rental Dispute Resolution Victoria (RDRV). Keep records of your attempts to contact the landlord or agent, such as phone logs, texts and emails, to show that you gave them the opportunity to act urgently. See more on this page about applying to RDRV for urgent repairs.

If you need to arrange urgent repairs yourself – such as for a gas leak or burst water pipe – send a text or email as evidence of your attempt to contact the landlord or agent. Then follow up with more details in writing once the immediate danger or damage has been dealt with. This complies with the law and will also help with getting repaid by the landlord if you paid for the urgent repairs. Find out more on this page about when to pay for urgent repairs yourself.

It is a good idea to take photos or videos of the problem and also keep a record of all your communication about it with the landlord (officially called the rental provider) or their agent. These can be useful if the repairs are not done and you need to take further action.

Photos and videos

Photos and videos can help show what the problem is and what needs to be done. Consider sending them when you report the problem to the landlord or agent.

Notes and copies

Keep notes and copies of any contact you have with the landlord or agent about the urgent repairs. For phone calls, emails and texts, make a note of the date and time and who you dealt with.

Keep your notes and copies safe in case you need them later.

If you have not been able to contact your landlord (officially called the rental provider) or agent, or they refuse to do the repairs or don’t do them properly, you can apply to RDRV to get them done.

RDRV should contact you within one business day of receiving your application and should facilitate a discussion between you and your landlord within 2 business days of receiving your application.

RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and your landlord as you try to reach an agreement that complies with Victoria’s rental laws. The resolution coordinator must remain neutral and independent and not give legal advice or make any decisions for you. If you and your landlord cannot reach an agreement at RDRV, the resolution coordinator can refer the dispute to VCAT for a formal hearing.

For more on the RDRV process, see our page about going to RDRV (Rental Dispute Resolution Victoria).

How to apply to RDRV

You can apply to RDRV online using myRDRV, or you can submit your application by email, by post or in person at an RDRV office.

The application requires your details and some basic information about what happened. While you don’t need to submit all your documents and evidence with your application, it may save time, especially if your landlord is uncooperative and the dispute is likely to go to VCAT.

If you have any questions about applying or need help with your application, you can contact RDRV on 1300 017 378 or email cases@courts.vic.gov.au.

An RDRV resolution coordinator contacts you

For urgent repairs, a resolution coordinator should contact you within one business day of receiving your application. They may also contact your landlord to understand their side of the dispute.

If the resolution coordinator decides the dispute should progress to RDRV, they will explain the next steps to you. They will also let you know if you need to provide further documents or evidence.

A facilitated discussion should take place between you and your landlord within 2 business days of RDRV receiving your application.

If you think further discussion with your landlord won’t help

If you think your landlord is being unreasonable or that further discussion with them won’t help, you can ask the resolution coordinator to refer the dispute directly to VCAT for a formal hearing. VCAT will look at everyone’s evidence, apply the law and make a final decision.

You can even request this in your RDRV application, but you will need to give reasons. For example, you could say you have already tried to negotiate with the landlord and they have been uncooperative.

If the dispute goes to a VCAT hearing, you may need to pay a VCAT application fee, unless you qualify for a fee waiver. For more on the application fee, see our page about going to VCAT.

Find out more on this page about what happens if the dispute goes to a formal hearing at VCAT.

If you have experienced family or personal violence

If you are experiencing, or at risk of, family or personal violence, let the resolution coordinator know as soon as possible. They should refer your application directly to VCAT for a formal hearing.

Generally, the RDRV process of discussion or mediation is not considered appropriate in circumstances of family or personal violence.

Family violence is committed by a relative, partner or former partner, or someone who is like family. Personal violence is committed by someone who is not family. Violence may also include financial, emotional and other types of coercive control.

If the matter goes to VCAT, the VCAT family violence team can support you. Find out more on the VCAT website about family violence support.

There is also more information on our page about family violence.

After the resolution coordinator has spoken separately with you and your landlord (officially called the rental provider), they may organise a facilitated discussion through Rental Dispute Resolution Victoria (RDRV), where you can both try to negotiate an agreement.

For urgent repairs, the facilitated discussion should happen within 2 days of RDRV receiving your application. It usually takes place by phone, videoconference or email. The resolution coordinator may bring you and your landlord together to talk, or they may act as a go-between, passing on claims, offers and options so you don’t need to speak to each other directly.

Because the resolution coordinator cannot give legal advice, it is important you understand your legal rights before going into a discussion at RDRV. You can also organise for a lawyer or advocate to represent you. Find out more on this page about getting help.

If you reach an agreement at RDRV

If you and your landlord reach an agreement at RDRV, you should put it in writing to make sure everyone follows through on their commitments.

You can ask for your written agreement to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Or you can write a private settlement agreement, which is a contract between yourselves.

Make sure your written agreement includes everything you and the landlord have agreed to.

For more on what to do if you reach an agreement, and tips for drafting agreements, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If you do not reach an agreement at RDRV

You do not have to reach agreement at RDRV. If you and your landlord cannot resolve all the issues through RDRV, or if either side does not wish to continue with RDRV, you can ask the resolution coordinator to refer the dispute to VCAT for a formal hearing. For urgent repairs, the VCAT hearing is usually held within 2 business days of RDRV receiving your application.

When there is a dispute between a renter and a landlord (officially called a rental provider), VCAT can make the final decision. It is not a court but its decision must be followed. If the dispute with your landlord is not resolved at Rental Dispute Resolution Victoria (RDRV), it may go to a formal hearing at VCAT.

VCAT will let you know the time, date and location of the hearing. The hearing may take place in person, by phone (teleconference) or by videoconference. For urgent repairs, the hearing is usually held within 2 business days of RDRV receiving your application.

The resolution coordinator will help you understand what to expect and get yourself organised. VCAT also has information to help you prepare for a hearing.

You may need to pay a VCAT application fee, but you can ask for it to be reimbursed. For more on the VCAT application fee, see our page about going to VCAT.

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. This page has information on getting help.

You can also watch our step-by-step video on going to VCAT.

If you need to change the date or format of the hearing

If you cannot attend the hearing, you may be able to change the date. Call VCAT on 1300 018 228 or use VCAT’s application form to change a hearing date.

If you want to request a different format for the hearing – for example, if the hearing is going to be by video but you would prefer to attend by phone – you can call VCAT on 1300 018 228 or email renting@courts.vic.gov.au.

You can also let the resolution coordinator know about any dates you are unavailable or your preferred format for the hearing, or you can note these in your RDRV application. However, it will always be up to VCAT to approve these requests.

If you reach an agreement before the hearing

Before the VCAT hearing, you and your landlord can continue trying to reach an agreement, even outside of RDRV. If you reach an agreement, the hearing will not go ahead.

Make sure you get any agreement in writing. You can also ask the resolution coordinator to organise for your agreement to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Find out more on this page about what to do if you reach an agreement.

Collect your documents and evidence for the hearing

If you and your landlord tried to resolve the dispute at RDRV before going to VCAT, anything that was said or done at RDRV cannot be used as evidence at VCAT unless everyone agrees in writing. For example, if you admit during an RDRV discussion that you caused a problem, or if the landlord admits that they have taken too long to do something, these statements cannot be used as evidence at VCAT.

Anything said or done during an RDRV session can be used as evidence at the VCAT hearing if all parties agree to this in writing.

If you submitted documents, photos or videos as part of your evidence for RDRV, you will not need to submit these again to VCAT. However, you may need to provide further documents or evidence for the hearing.

Before the hearing, the landlord should make sure you have a copy of any documents or evidence they will use. If they present evidence at the hearing that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence. While it may not always be necessary to adjourn the hearing, it can be helpful in more complex disputes.

You should also make sure the landlord and VCAT have a copy of any documents or evidence you will use at the hearing. In some situations, the resolution coordinator may help to ensure your documents are ready for the hearing. The VCAT website also has tips on preparing evidence.

What happens at the hearing

At the hearing, you will need to show VCAT that you told the landlord or agent about the problem and that the repairs are urgent.

To prepare for the hearing, get all your evidence together and make a few brief notes outlining what you want to say. Being organised is the key to presenting a good case. For more information on getting ready, see our page about going to VCAT.

In most cases, VCAT quickly makes an order on the day that says the landlord must do the repairs in an appropriate timeframe. The order usually includes a ‘right to renew’. This means you can take the landlord back to VCAT if they don’t follow the order, without having to reapply to RDRV.

If VCAT doesn’t agree the problem is urgent, it may:

• Encourage everyone to reach an agreement at the hearing
• Dismiss your application, which means you will have to reapply to RDRV for non-urgent repairs. If you paid a VCAT application fee, you won’t get it back

Another way to get urgent repairs done is to arrange and pay for them yourself then get reimbursed (repaid) by your landlord (officially called the rental provider).

We generally don’t recommend this, unless the repairs are needed for safety or to stop serious damage and the landlord or agent has not responded to your request.

If you arrange and pay for repairs yourself, you are responsible for the tradespeople and need to take additional steps to get repaid. You should also keep in mind that your landlord may have warranties covering various appliances and fittings. These may help with getting repairs done easily and cheaply but may require certain tradespeople to do the repairs for the warranty to continue.

You can arrange and pay for urgent repairs if:

• You tried to contact the landlord or agent but could not reach them, or
• You contacted the landlord or agent but they did not do the repairs, and
• The repairs cost less than $2500 (including GST)

Follow these steps for paying for urgent repairs and getting repaid by the landlord.

1. Check if you can pay

Can you afford to pay for the repairs yourself? Do you worry the landlord won’t repay you? Are the urgent repairs likely to cost more than $2500 (including GST)? If you are concerned about any of these things, apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute instead. Find out more on this page about applying to RDRV.

2. Get quotes

If you pay for repairs, the landlord only has to pay you back for ‘reasonable’ costs. Get 2 or 3 quotes to compare prices and make sure you don’t pay too much.

As all repairs need to be done by a ‘suitably qualified person’, find a licensed tradesperson.

If an appliance or fitting is being replaced, make sure it meets any energy efficiency standards. See more on our page about minimum standards.

3. Book the repairs

Once you have selected the most reasonable quote and checked the GST, book your repairs.

4. Take ‘before and after’ photos and videos

Take photos and videos showing the damage before any work starts and then after the repairs are done. Keep these safe (and backed up), in case there are any questions in future.

5. Get a receipt or tax invoice

Make sure you get a receipt or tax invoice from the qualified tradesperson. Check that it includes details of the work done and how much you paid. If you think the landlord or agent might try to blame you for the issue, ask the tradesperson to note what they suspect caused it.

6. Request payment from the landlord

Ask the landlord or agent in writing to repay the money you spent on urgent repairs.

It is best to use the official Consumer Affairs Victoria form to do this as it means you include all the important details, such as descriptions of the repairs and costs and a copy of the invoice.

Download the Consumer Affairs Victoria form: Notice to rental provider of rented premises [Word].

For more on completing the form and giving it to the landlord or agent, see our page about landlord (rental provider) breaches.

7. What happens next

Once you have given the landlord or agent your written request for payment, the landlord has 7 days to repay you. If they don’t, you can apply to RDRV to start negotiations to be repaid. If the landlord doesn’t agree to repay you, RDRV can refer the dispute to a formal hearing at VCAT.

Call the landlord (officially called the rental provider) or their agent to report the problem and ask for repairs. Once you have spoken to them, put your request in writing.

You can send an email or letter to ask for repairs, or use the Consumer Affairs Victoria form: Notice to rental provider of rented premises [Word].

However, Tenants Victoria recommends using the Consumer Affairs Victoria form: Notice of breach of duty to rental provider of rented premises [Word]. This can make it easier to claim compensation, if you decide to do that. It can also put you in a better position to end your lease (officially called a rental agreement) if your landlord frequently refuses or ignores repair requests.

For help writing your email or letter or completing the Consumer Affairs Victoria ‘notice of breach of duty’ form, see our Repairs Toolkit.

There is also more information on our page about landlord (rental provider) breaches.

If you note that repairs are needed on the condition report when you move in, the law considers this a written request for repairs.

It is a good idea to take photos or videos of the problem and also keep a record of all your communication about it with the landlord (officially called the rental provider) or their agent. These can be useful if the repairs are not done and you need to take further action.

Photos and videos

Photos and videos can help show what the problem is and what needs to be done. Consider sending them when you report the problem to the landlord or agent.

Notes and copies

Keep notes and copies of any contact you have with the landlord or agent about the repairs. For phone calls, emails and texts, make a note of the date and time and who you dealt with.

Make clear copies of important documents, such as the ‘notice of breach of duty to rental provider of rented premises’.

Keep your notes and copies safe in case you need them later.

If your landlord (officially called the rental provider) or their agent doesn’t arrange the repairs within 14 days, you can request a free inspection from Consumer Affairs Victoria.

This step is optional. However, an inspection report can be useful evidence if the problem is not obvious or is hard to show in videos or photos, such as bad smells or subsidence or foundation issues. The Consumer Affairs Victoria inspector may also negotiate directly with the landlord or agent on your behalf to have the repairs carried out.

If you apply to Rental Dispute Resolution Victoria (RDRV), you can start discussions with your landlord at RDRV before you receive the inspection report. However, if the dispute ends up going to VCAT, you will need the inspection report before the VCAT hearing can take place.

How to request a Consumer Affairs Victoria inspection

To request a free inspection, use the Consumer Affairs Victoria form: Request for repairs inspection or rent assessment [Word].

Fill out the form and attach:

• Evidence that you asked the landlord or agent for repairs in writing
• Any photos or videos of the problem

Then email or post your form and attachments to the address listed on the form. If you send it by post, we recommend you use registered post and keep your receipt and tracking number.

What happens next

An inspector from Consumer Affairs Victoria will contact you to arrange a time to visit your home.

After the inspection, they will send you and the landlord or agent their report, including any recommendations they make for required works. They may also contact the landlord or agent to discuss the report.

If Consumer Affairs Victoria recommends repairs, and the landlord or agent does not arrange them, or you suspect they will not complete them in a timely manner, you can apply to RDRV and attach a copy of the inspection report.

You can also apply to RDRV for non-urgent repairs if Consumer Affairs Victoria is unable to inspect the property for any reason or if you think you have enough evidence without an inspection report.

If non-urgent repairs are not done by a suitably qualified person within 14 days of you requesting them in writing, you can apply to RDRV to get them done.

If you requested a free inspection from Consumer Affairs Victoria after the repairs weren’t done within 14 days, you can still apply to RDRV and start discussions with the landlord (officially called the rental provider) while you are waiting for the inspection report.

RDRV should contact you within 2 business days of receiving your application and should facilitate a discussion between you and your landlord within 2 weeks of receiving your application.

RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and your landlord as you try to reach an agreement that complies with Victoria’s rental laws. The resolution coordinator must remain neutral and independent and not give legal advice or make any decisions for you.

If you and your landlord cannot reach an agreement at RDRV, the resolution coordinator can refer the dispute to VCAT for a formal hearing. If you are waiting on a Consumer Affairs Victoria inspection report, the VCAT hearing will not take place until you have received the report.

For more on the RDRV process, see our page about going to RDRV (Rental Dispute Resolution Victoria).

How to apply to RDRV

You can apply to RDRV online using myRDRV, or you can submit your application by email, by post or in person at an RDRV office.

The application requires your details and some basic information about what happened. While you don’t need to submit all your documents and evidence with your application, it may save time, especially if your landlord is uncooperative and the dispute is likely to go to VCAT.

Once you have applied, you should give your landlord a copy of your application and any documents or evidence you attached to it.

If you have any questions about applying or need help with your application, you can contact RDRV on 1300 017 378 or email cases@courts.vic.gov.au.

An RDRV resolution coordinator contacts you

For non-urgent repairs, a resolution coordinator should contact you within 2 business days of receiving your application. They may also contact your landlord to understand their side of the dispute.

If the resolution coordinator decides the dispute should progress to RDRV, they will explain the next steps to you. They will also let you know if you need to provide further documents or evidence.

A facilitated discussion should take place between you and your landlord within 2 weeks of RDRV receiving your application.

If you think further discussion with your landlord won’t help

If you think your landlord is being unreasonable or that further negotiation with them won’t help, you can ask the resolution coordinator to refer the dispute directly to VCAT for a formal hearing. VCAT will look at everyone’s evidence, apply the law and make a final decision.

You can even request this in your RDRV application, but you will need to give reasons. For example, you could say you have already tried to negotiate with the landlord and they have been uncooperative.

If the dispute goes to a VCAT hearing, you may need to pay a VCAT application fee, unless you qualify for a fee waiver. For more on the application fee, see on our page about going to VCAT.

Find out more on this page about what happens if the dispute goes to a formal hearing at VCAT.

If you are experiencing family or personal violence

If you are experiencing, or at risk of, family or personal violence, let the resolution coordinator know as soon as possible. They should refer your application directly to VCAT for a formal hearing.

Generally, the RDRV process of discussion or mediation is not considered appropriate in circumstances of family or personal violence.

Family violence is committed by a relative, partner or former partner, or someone who is like family. Personal violence is committed by someone who is not family. Violence may also include financial, emotional and other types of coercive control.

If the matter goes to VCAT, the VCAT family violence team can support you. Find out more on the VCAT website about family violence support.

There is also more information on our page about family violence.

After the resolution coordinator has spoken separately with you and your landlord (officially called the rental provider), they may organise a facilitated discussion through Rental Dispute Resolution Victoria (RDRV), where you can both try to negotiate an agreement.

For non-urgent repairs, the facilitated discussion should happen within 2 weeks of RDRV receiving your application. It usually takes place by phone, videoconference or email. The resolution coordinator may bring you and your landlord together to talk, or they may act as a go-between, passing on claims, offers and options so you don’t need to speak to each other directly.

Because the resolution coordinator cannot give legal advice, it is important you understand your legal rights before going into a discussion at RDRV. You can also organise for a lawyer or advocate to represent you. Find out more on this page about getting help.

If you reach an agreement at RDRV

If you and your landlord reach an agreement at RDRV, you should put it in writing to make sure everyone follows through on their commitments.

You can ask for your written agreement to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Or you can write a private settlement agreement, which is a contract between yourselves.

Make sure your written agreement includes everything you and the landlord have agreed to.

For more on what to do if you reach an agreement, and tips for drafting agreements, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If you do not reach an agreement at RDRV

You do not have to reach agreement at RDRV. If you and your landlord cannot resolve all the issues through RDRV, or if either side does not wish to continue with RDRV, you can ask the resolution coordinator to refer the dispute to VCAT for a formal hearing.

For non-urgent repairs, the VCAT hearing is usually held within 7 business days of RDRV referring your dispute to VCAT.

When there is a dispute between a renter and a landlord (officially called a rental provider), VCAT can make the final decision. It is not a court but its decision must be followed. If the dispute with your landlord is not resolved at Rental Dispute Resolution Victoria (RDRV), it may go to a formal hearing at VCAT.

VCAT will let you know the time, date and location of the hearing. The hearing may take place in person, by phone (teleconference) or by videoconference. For non-urgent repairs, the hearing is usually held within 7 business days of RDRV referring your dispute to VCAT.

The resolution coordinator will help you understand what to expect and get yourself organised. VCAT also has information to help you prepare for a hearing.

You may need to pay a VCAT application fee, but you can ask for it to be reimbursed. For more on the VCAT application fee, see our page about going to VCAT.

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. This page has information on getting help.

You can also watch our step-by-step video on going to VCAT.

If you need to change the date or format of the hearing

If you cannot attend the hearing, you may be able to change the date. Call VCAT on 1300 018 228 or use VCAT’s application form to change a hearing date.

If you want to request a different format for the hearing – for example, if the hearing is going to be by video but you would prefer to attend by phone – you can call VCAT on 1300 018 228 or email renting@courts.vic.gov.au.

You can also let the resolution coordinator know about any dates you are unavailable or your preferred format for the hearing, or you can note these in your RDRV application. However, it will always be up to VCAT to approve these requests.

If you reach an agreement before the hearing

Before the VCAT hearing, you and your landlord can continue trying to reach an agreement, even outside of RDRV. If you reach an agreement, the hearing will not go ahead.

Make sure you get any agreement in writing. You can also ask the resolution coordinator to organise for your agreement to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Find out more on this page about what to do if you reach an agreement.

Collect your documents and evidence for the hearing

If you and your landlord tried to resolve the dispute at RDRV before going to VCAT, anything that was said or done at RDRV cannot be used as evidence at VCAT unless everyone agrees in writing. For example, if you admit during an RDRV discussion that you caused a problem, or if the landlord admits that they have taken too long to do something, these statements cannot be used as evidence at VCAT.

Anything said or done during an RDRV session can be used as evidence at the VCAT hearing if all parties agree to this in writing.

If you submitted documents, photos or videos as part of your evidence for RDRV, you will not need to submit these again to VCAT. However, you may need to provide further documents or evidence for the hearing.

Before the hearing, the landlord should make sure you have a copy of any documents or evidence they will use. If they present evidence at the hearing that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence. While it may not always be necessary to adjourn the hearing, it can be helpful in more complex disputes.

You should also make sure the landlord and VCAT have a copy of any documents or evidence you will use at the hearing. In some situations, the resolution coordinator may help to ensure your documents are ready for the hearing. The VCAT website also has tips on preparing evidence.

To prepare for the hearing, get all your evidence together and make a few brief notes outlining what you want to say. Being organised is the key to presenting a good case. For more information on getting ready, see our page about going to VCAT.

What happens at the hearing

At the hearing, you will need to show VCAT that you gave the landlord or agent written notice that repairs were needed.

Unless the landlord or agent can prove you caused the damage, VCAT usually makes an order on the day that says the landlord must do the repairs in an appropriate timeframe.

The order usually includes a ‘right to renew’. This means you can take the landlord back to VCAT if they don’t follow the order, without having to reapply to RDRV.

If you need support in dealing with repairs and maintenance, help is available.

There are step-by-step guides, self-help tools and other resources to assist you with repairs and maintenance.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords in numbered sections.

The sections in this list relate to repairs and maintenance in private rentals. Click on a link to see the section in the Act.

• Section 30D – Information rental providers must disclose before entering a rental agreement
• Section 61 – Renter and visitor must not damage premises or common areas
• Section 62 – Renter must notify rental provider of damage
• Section 63 – Renter must keep and leave rented premises reasonably clean
• Section 65A – Premises that do not comply with rental minimum standards
• Section 68 – Rental provider must keep property in good repair
• Section 68A – Rental provider must comply with safety-related repairs & maintenance requirements
• Section 72AA – Renter must report damage or breakdown of facilities
• Section 72 – Renter can arrange urgent repairs
  Section 73 – Applications to VCAT for urgent repairs
• Section 74 – Investigate need for non-urgent repairs
• Section 75 – Application to VCAT for non-urgent repairs
• Section 76 – VCAT orders for non-urgent repairs
• Section 77 – Rent Special Account
• Section 209AAB – Application for compensation or compliance order for cost of urgent repairs

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.