Bonds
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This information is a guide and should not be used as a substitute for professional legal advice.
Rental Dispute Resolution Victoria now deals with some rental disputes instead of VCAT. While we update our website see more info at: www.rdrv.vic.gov.au
Summary
What is a bond?
A bond is money you may be asked to pay when you rent a home. It’s held in case there is a dispute over things like damage, cleaning or unpaid rent when you move out. The Residential Tenancies Bond Authority (RTBA) holds your bond until you leave. It’s your money.
What is public housing?
Public housing is a house or apartment you rent from Homes Victoria, which is part of the Victorian Government’s Department of Families, Fairness and Housing (DFFH). Find out more on our page about public housing.
Bonds in public housing
When you rent from Homes Victoria, you do not need to pay a bond. However, you do need to keep your rented home in good condition and avoid any damage.
There are duties that you and Homes Victoria must follow under Victoria’s rental laws to keep your home well maintained. Consumer Affairs Victoria has guidelines to help renters and rental providers (like Homes Victoria) understand these duties. Find out more on our page about the Consumer Affairs Victoria guidelines.
Homes Victoria can ask you to pay compensation
If Homes Victoria believes you have caused damage or not kept your home reasonably clean, it can ask you to pay compensation to cover the cost of repairs or cleaning. This is called a ‘maintenance claim’.
If you disagree with Homes Victoria, you can dispute the maintenance claim. Even if you agree you are responsible, you may be exempt from having to pay because of your circumstances. Find out more on our page about disputing bond and compensation claims.
The condition report can help protect you
Homes Victoria must give you a condition report before you move into your home. The condition report says what the place was like when you moved in. You should get the report as an electronic copy or 2 paper copies.
A detailed condition report with photos can help protect you if Homes Victoria wants compensation for damage – either while you are living there or after you have moved out.
You have 5 business days from the move-in date on your lease (officially called a rental agreement) to check the property and return your signed condition report to Homes Victoria. Store your copy safely in case you need it when you move out.
You don’t have to agree with what Homes Victoria says in the condition report. But if you don’t comment, it is assumed you agree.
You can protect yourself against compensation claims by:
- Having a good look around the property and adding plenty of detail to the report
- Making notes in the report if you disagree with what Homes Victoria has written
- Taking lots of photos (both when you move in and when you move out)
- Sending photos to Homes Victoria if you think there are big differences between what the report says and what you say
This short video from the Redfern Legal Centre has tips on completing your condition report.
Find out more on our page about condition reports.
Here’s what you can do next
- See our page on the Consumer Affairs Victoria guidelines for what you need to do to keep your home well maintained
- Watch a short video from the Redfern Legal Centre for tips on completing your condition report
- Find out more about condition reports on this website
Get help and other resources
If you need support dealing with a tenancy issue, help is available.
Tenants Victoria services
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Social Housing and Rooming House Priority Line
For Victorian renters in public housing, community housing and rooming houses.
Other organisations
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Victorian Public Tenants Association
For Victorians who live in public housing or are on the wait list.
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Anika Legal
For Victorian renters who cannot afford a private lawyer.
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Victoria Legal Aid
For all Victorians.
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Federation of Community Legal Centres
For all Victorians.
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Tenancy Plus
For Victorian renters in public and community housing.
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Consumer Affairs Victoria
For all Victorians.
The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (like Homes Victoria) in numbered sections.
The sections in this list relate to compensation claims in public housing. Click on a link to see more about the section.
- Section 27C – Professional cleaning
- Section 61 – Renter and visitor must not damage premises or common areas
- Section 62 – Renter must notify of damage
- Section 63 – Renter must keep and leave property reasonably clean
- Section 64 – Modifications to rented premises
- Section 72AA – Renter must report damage or breakdown of facilities
- Section 78 – Rental provider may give repair notice
- Section 79 – Rental provider may do repairs and renter liable for costs
- Section 208 – Breach of duty notice
- Section 209 – Application for compensation or compliance order for a breach of duty
- Section 210 – Application for compensation order on other grounds
- Section 211A – Matters to be considered by VCAT in a compensation matter
- Section 211B – Director’s guidelines to be considered by VCAT in a compensation matter
- Section 419A – Application to VCAT for bond
- Section 447 – Limits of jurisdiction of VCAT
The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.
These other Acts and regulations also apply to compensation claims in public housing:
- Victorian Civil and Administrative Appeals Tribunal Act 1998: Section 120 – Re-opening an order on substantive grounds
- Victorian Civil and Administrative Tribunal Rules 2018: Regulation 8.07 – Documents required to be included with certain applications
- Limitation of Actions Act 1958: Section 5 – Contracts and torts
Homes Victoria policies
Homes Victoria also has policies (rules) that set out its obligations to assess issues and communicate respectfully with you to try to resolve them. It must follow these policies.
These Homes Victoria manuals contain staff guidelines for dealing with bonds and compensation:
- Business practice manual – includes policies and procedures for dealing with housing appeals and managing claims
- Maintenance manual – includes policies and procedures for dealing with property damage
- Tenancy management manual – includes policies and procedures for dealing with condition reports, tenancy breaches, vacated tenant accounts, and tenancy terminations and deceased estates
If you wish to make a complaint about Homes Victoria, see our page about public housing.
