Going to VCAT
- Published:
This information is a guide and should not be used as a substitute for professional legal advice.
We are currently updating our website to include changes to rental laws that started on 25 November 2025. See our overview of these changes.
Summary
When there is a dispute between a renter and a landlord (officially called a rental provider), the Victorian Civil and Administrative Tribunal (VCAT) can make the final decision. It is not a court but its decision must be followed.
It is usually best to try to resolve any issues by first talking to your landlord or their agent. But if having a conversation doesn’t help, either you or your landlord can apply to VCAT. VCAT may then hold a hearing to resolve the dispute.
VCAT also offers a free dispute resolution service called Rental Dispute Resolution Victoria (RDRV). VCAT requires some disputes to go through RDRV first, to give everyone the opportunity to resolve the matter without a formal hearing. These include disputes about repairs, compensation claims, bond claims and rent increases. If these types of disputes are not resolved at RDRV, they may then go to a formal VCAT hearing. Our website has more about going to RDRV.
For disputes about issues not dealt with by RDRV, such as evictions, ending your lease (officially called a rental agreement) and other issues, you can apply straight to VCAT.
If you apply to VCAT, you may need to pay an application fee, unless you qualify for a fee waiver. Find out more on this page about the VCAT application fee. Applications to RDRV are free.
While you may feel stressed about going to VCAT, it is less formal than a court and help is available. If you need legal advice or representation at VCAT, this page says where you can get help.
On this page, the term ‘landlord’ also includes rooming house operators, caravan owners and caravan park owners. It also applies to providers of specialist disability accommodation and supported residential services.
Video about going to VCAT
This video has step-by-step guidance on preparing for VCAT and going to a hearing.
Steps for going to VCAT
There are clear steps for going through the VCAT process, regardless of whether you or your landlord applied to VCAT to resolve a dispute.
Before starting the process, we recommend you take time to understand your rights under Victoria’s rental laws, the Residential Tenancies Act 1997. This website has lots of information about your rights as a renter.
VCAT hears disputes about rental properties in Victoria. However, if either you or your landlord are living interstate at the time you apply to have the dispute resolved, you will need to apply to the Magistrates’ Court of Victoria instead of VCAT. Find out more on our page about disputes involving interstate residents.
If you need advice about your rights or going to VCAT, this page says where you can get help.
If you want to apply to VCAT
If you have an issue you cannot resolve with your landlord, you can apply to VCAT to resolve it. This makes you ‘the applicant’.
You may need to pay an application fee, unless you qualify for a fee waiver. Find out more on this page about the VCAT application fee.
If your issue is about repairs, compensation, a bond claim or a rent increase, you should apply to Rental Dispute Resolution Victoria (RDRV) instead of VCAT. RDRV is a free service. Find out more on our page about going to RDRV.
If your VCAT application is urgent, for example, if it involves family or personal violence or an urgent restraining order, we recommend you call VCAT on 1300 018 228 to discuss the best way to apply so it can be heard as quickly as possible.
If you want advice before applying to VCAT, or need help with the application, see the information on this page about getting help.
Collect evidence about the issue to support your application. This may include:
- Evidence of the problem, such as photos or videos
- Details about contact you had with the landlord (officially called the rental provider) or their agent about the problem, such as emails, texts and phone calls
- Any official notices you gave the landlord or their agent, such as a ‘notice of breach of duty’
The VCAT website has more information on preparing evidence.
To make your application, use VCAT’s general application form.
You can complete the form online or download a PDF and fill it in electronically or print it and complete it by hand.
If you are experiencing personal or family violence, VCAT has a separate application form. You can download and complete the application by a person experiencing personal or family violence. The VCAT website also has information about accessing family violence support.
If you want a hard copy application form posted to you, call VCAT on 1300 018 228.
What do you want VCAT to do?
The general application form has a heading that asks, ‘What do you want VCAT to do?’.
In this part of the form, you need to be clear about everything you want VCAT to consider.
What orders do you want VCAT to make?
In the box under this question, you need to enter the section number of the Residential Tenancies Act 1997 that relates to your issue. The Residential Tenancies Act is the law that explains the rules for renting in Victoria and what VCAT can do in rental disputes.
To help you find the right section number, the VCAT website has a list of common residential tenancies issues and section numbers. If your issue is on this page, put the relevant section number in your application form. You should also say what you want VCAT to do, such as what orders you want VCAT to make. The VCAT page also lists which documents or other information you should include with your application, depending on the section number and what you want VCAT to do.
If you are unsure which section of the law relates to your situation, just enter Section 452 for a general dispute and give as much information as you can about why you are making a claim and how the landlord (officially called the rental provider) is at fault.
Provide more details about your claim
In the box for more details about your claim, you need to enter more information to support your position, including how you calculated any amounts of money you are claiming, and why you want VCAT to make the orders you are requesting.
Depending on the issue, these details may include:
- When your lease (officially called a rental agreement) started and how much rent you pay
- How your landlord breached (did not follow) their duties under the rental laws or did not comply with the terms of your lease
- Details of your contact with the landlord or their agent about the issue
- Your losses (costs), damage and inconvenience as a result of the issue
- The amount of your claim and how you worked out that amount
- Any attachments and evidence you will provide to support your claim – for example, evidence of the landlord breaching their duties, the notice of breach of duty you gave the landlord, a record of your communication with the landlord or agent, the table you used to work out how much to claim and any receipts or quotes
If you need more space for details, you can use separate documents and attach them to the application.
If you are applying online and cannot attach all your evidence to the online application, you can email it to VCAT at renting@vcat.vic.gov.au. If the files are large, you may need to send more than one email. The VCAT website has more information about how to send and access evidence in a residential tenancy case.
In any emails to VCAT, make sure you include your VCAT reference number, which VCAT will send you when you submit the application.
If you want to share personal or sensitive information only with VCAT, clearly label it as confidential. As a general rule, anything you give to VCAT should also be shared with the landlord or their agent, but there are exceptions for sensitive information. You may want to discuss this with VCAT before sending the information.
Requesting support when you apply
When you apply to VCAT, you can request specialist support and assistance, including:
- Interpreters
- Disability support
- Family violence support
- Koori support
The VCAT website has more about specialist support.
You can also request support at any time after you have applied to VCAT.
Requesting to attend the hearing by phone or video
The hearing may take place in person at VCAT, by phone (teleconference) or by videoconference. Sometimes one side will attend in person while the other side attends by phone or video – this is called a ‘hybrid hearing’.
If you have a preference to attend the hearing by phone or video, you can request this in the application form, under ‘Hearing arrangements’. You will need to provide reasons for your request.
You can also make your request using VCAT’s:
- Telephone attendance request form – for requesting a phone hearing
- Application to use technology – for requesting either a phone or video hearing
If you use one of these forms, it is best to submit it with your VCAT application form. If you decide to request a phone or video hearing later, make sure you submit the form several days before the hearing, otherwise VCAT may reject your request.
VCAT makes the final decision about how the hearing will be held, but it must consider your request and ensure you have a fair chance to attend and present your case.
You are required to make sure everyone has a copy of your application and the documents you intend to use at the hearing, including any evidence.
You should make a set for:
- VCAT (if you did not submit your application online)
- The landlord (officially called the rental provider) or their agent
- Yourself
You can copy, scan or take photos of your completed application form and evidence, but make sure everything is clear enough to read.
It is good practice to include clear labels and page numbers so everyone can easily refer to the same documents.
If you used the online application form, you can submit your application to VCAT online.
If you did not use the online application form, you will need to give VCAT a copy of your application form and evidence.
You can do this in person, by email or by post. The addresses are on the form.
If you take your application to VCAT in person, write down the date, time and name of the person you handed it to.
If you send it by post, keep your receipt and tracking number.
VCAT application fee
The fee to apply to VCAT at 1 July 2025 is $74.10. You do not have to pay the application fee if you:
- Are named as a protected person in an intervention order
- Have experienced family violence and are applying to VCAT because of a rental issue arising from that violence
- Have a Health Care Card
- Are under 18 years of age
- Are in prison or another public institution
- Are represented by Victoria Legal Aid, a community legal centre, a Tenancy Assistance Advocacy Program (TAAP) provider, or another recognised provider that has assessed you as eligible for representation through a means test
You can also apply for a fee waiver if you are experiencing financial hardship.
The VCAT website has more about concessions and fee relief.
You must also give a copy of your application form and evidence to your landlord (officially called the rental provider) or their agent. This is called ‘service’. You need to give (serve) the copy to them within 7 days of giving it to VCAT, or immediately if your application is urgent.
At the hearing, VCAT may ask for proof that you have served the application to the landlord or agent.
You can serve the application and evidence by:
- Delivering it in person. Be sure to keep a note of the date, time and name of the person you handed it to
- Emailing it. This is often the preferred method because it is easier to prove service. You should call the landlord or agent to confirm receipt of the email
- Sending it by post (not recommended for urgent applications). We recommend using registered post so you can prove they received it. Keep your receipt and tracking number
VCAT will send you a ‘notice of hearing’, letting you know the time, date and location of the hearing, and explaining what you need to do to prepare. The hearing may take place in person, by phone (teleconference) or by videoconference.
The amount of time you will have to wait for a hearing depends on the type of application and how busy VCAT is.
If your application is urgent, such as for an urgent restraining order or a matter involving family or personal violence, we recommend you call VCAT on 1300 018 228 the day after you apply to find out the date of the hearing. You should also make sure your landlord (officially called the rental provider) knows the date.
If you need an interpreter, or have any other specific needs, and have not yet requested support, let VCAT know before the date of the hearing. The VCAT website has more about support services at VCAT.
Changing a hearing date
If you will not be able to attend the hearing on the scheduled date, you can ask VCAT to change the hearing date. This is called ‘requesting an adjournment’.
There is no guarantee that VCAT will agree to an adjournment. However, if you first get approval from the landlord or their agent to change the date, there is a good chance VCAT will agree to the delay.
You must submit an adjournment request form to VCAT no later than 4 pm at least 2 business days before your hearing. For example, if your hearing is scheduled for Friday, you need to submit the form by 4 pm on Tuesday.
Go to the VCAT website to download the adjournment request form and to find out more about changing a hearing date.
If VCAT refuses to change the hearing date, we strongly recommend that you do what you can to attend the hearing as you will usually get a better outcome if you are present.
If your landlord applies to VCAT
Your landlord can apply to VCAT to resolve a dispute with you. If they apply to VCAT, this makes you ‘the respondent’.
At the VCAT hearing, you can tell your side of the story. If you disagree with what your landlord is claiming, you can say why and give any evidence to support your reasons.
Because your landlord can apply to VCAT after you have moved out, it is a good idea to give them or their agent your forwarding address or contact information. Otherwise, you could find out about an application after the hearing. This page has more on what to do if a VCAT hearing happens without you.
If your landlord has applied to VCAT and you need advice, see the information on this page about getting help.
If your landlord (officially called the rental provider) or their agent applies to VCAT, they must give you a copy of their application and any documents or evidence they are relying on.
If you don’t get all their evidence with the application, ask for it in writing before the hearing. Later at the hearing, if they present evidence that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence.
VCAT will send you a notice confirming that your landlord (officially called the rental provider) or their agent has applied to VCAT.
VCAT will then send you a ‘notice of hearing’, letting you know the time, date and location of the hearing, and explaining what you need to do to prepare.
If you do not agree with the landlord’s claim, you should attend the hearing and tell your side of the story. VCAT can make a decision even if you are not there, and this might not get the best result for you.
If you need an interpreter, or have any other specific needs, let VCAT know before the date of the hearing. The VCAT website has more about support services at VCAT.
Requesting to attend the hearing by phone or video
The hearing may take place in person at VCAT, by phone (teleconference) or by videoconference. Sometimes one side will attend in person while the other side attends by phone or video – this is called a ‘hybrid hearing’.
If the hearing is going to be in person but you would prefer to attend by phone or video, you can request this using VCAT’s:
- Telephone attendance request form – for requesting a phone hearing
- Application to use technology – for requesting either a phone or video hearing
You will need to provide reasons for your request. Make sure you submit the request form several days before the hearing date, otherwise VCAT may reject your request.
VCAT makes the final decision about how the hearing will be held, but it must consider your request and ensure you have a fair chance to participate and present your case.
Changing a hearing date
If you will not be able to attend the hearing on the scheduled date, you can ask VCAT to change the hearing date. This is called ‘requesting an adjournment’.
There is no guarantee that VCAT will agree to an adjournment. However, if you first get approval from the landlord or their agent to change the date, there is a good chance VCAT will agree to the delay.
You must submit an adjournment request form to VCAT no later than 4 pm at least 2 business days before your hearing. For example, if your hearing is scheduled for Friday, you need to submit the form by 4 pm on Tuesday.
Go to the VCAT website to download the adjournment request form and to find out more about changing a hearing date.
If VCAT refuses to change the hearing date, we strongly recommend that you do what you can to attend the hearing as you will usually get a better outcome if you are present.
If you miss the hearing and find out that orders were made, you can apply to VCAT to review the decision. See more on this page about what to do if a VCAT hearing happens without you.
Preparing for the hearing
Whether you are the applicant or the respondent, the best thing you can do to get a VCAT decision in your favour is to be prepared. Getting all your information together in advance will help you clearly explain your side of the story at the hearing.
If you are the applicant, you will be responsible for proving your case at the hearing. This means you will need to provide evidence to support your claim.
If you are the respondent, you will have the opportunity to dispute the landlord’s claim, using any evidence you have to support your version of what happened.
Being organised is the key to presenting a good case.
Make sure you have as much evidence as possible to support your position.
The type of evidence will depend on the situation. It may include:
- Letters
- Legal notices
- Phone call records
- Emails
- The lease (officially called the rental agreement)
- Condition reports
- Quotes, invoices and receipts
- Photos and videos
- Witness statements
Clearly label all your evidence so you can easily refer to it during the hearing. Make sure pages are numbered, text is easy to read and photos show enough detail. It also helps to arrange your documents in a logical order.
If you are using photographic evidence, you should download and complete VCAT’s Digital camera evidence declaration form.
Protecting your personal information
If you are concerned about sharing personal information relating to issues like trauma or your mental or physical health, you can raise this with VCAT and ask that the information be restricted under the Open Courts Act 2013. This usually means that your personal information will be anonymous and not made public. It will be up to VCAT to decide if this is appropriate.
Make sure everyone has a copy of your evidence
If you are the applicant and you want to refer to evidence at the hearing that was not attached to your VCAT application, you must send a copy of this evidence to VCAT and the landlord (officially called the rental provider) or their agent well before the hearing.
If you are the respondent, you must send a copy of all the evidence you want to refer to at the hearing to VCAT and your landlord or their agent before the day of the hearing.
You can send your evidence by post or email it to VCAT at renting@vcat.vic.gov.au and copy in the landlord or their agent. If the files are large, you may need to send more than one email. In any emails to VCAT, make sure you include the VCAT reference number, which VCAT will send you with the hearing details.
There should not be any surprises for you or the landlord on the day, so make sure you send your evidence ahead of time.
If the hearing is in person, it is a good idea to either bring along 3 copies of your documents – one for yourself, one for VCAT and one for the landlord or their agent – or to prepare a digital bundle. A digital bundle may be a well-organised digital folder with clearly labelled files, or a single PDF that combines all your documents in a logical order.
It is usually easier and cheaper to produce digital documents and to prove that you have given them to the other people involved in the dispute.
VCAT will not reschedule (adjourn) your case because you don’t have your documents with you or you are unable to access them.
The VCAT website has more information on preparing your evidence.
If you have witnesses who can support your side of the story, they can attend the hearing in person or give their evidence in a letter or a statutory declaration. It is best if they attend in person.
If a witness cannot attend in person, the Victorian Government website has information on making statutory declarations.
If a witness refuses to cooperate, and you believe their evidence is important, you can ask VCAT to issue an order that forces them to attend the hearing and give evidence or provide documents. This order is called a ‘witness summons’. You must apply for a witness summons before your hearing date. Be aware that VCAT may make you pay the witness’s travel expenses and other costs, such as lost income while attending the hearing.
It is an offence for a witness who has been served a summons to not attend the hearing or provide documents as required.
If you have a witness attending the hearing, you should inform VCAT and the other people in the dispute in advance. You should also tell VCAT at the start of the hearing so the witness can wait outside until they are called to give their evidence.
VCAT will not reschedule (adjourn) your case because your witness is not present, and will not call them to verify your claims.
The VCAT website has more information on how to summons a witness.
When you receive your landlord’s (officially called the rental provider) evidence, read their documents carefully so you can prepare your responses for the hearing.
Make sure you bring a copy of all their evidence to the hearing. If your landlord is the applicant, also bring a copy of their application.
In preparing to have your say, it can help to write down a timeline of everything that happened relating to your issue, including dates if you can remember.
Make a few brief notes outlining what you want to say. Plan to say your most important things first.
Think about how you might answer questions on the day. Also write down any questions you would like to ask at the hearing.
Make sure you take to the hearing:
- Your notes
- Your application (if you are the applicant)
- Your evidence
- Your landlord’s (officially called the rental provider) evidence
- Your landlord’s application (if you are the respondent)
Generally, each person involved in a dispute is required to present their own case at VCAT. However, it is common for VCAT to give permission for people to be represented by lawyers or professional advocates. For example, it is common for landlords (officially called rental providers) to be represented by real estate agents.
As a renter, you can have someone represent you at VCAT if:
- VCAT has given you permission to be legally represented by a lawyer or professional advocate
- Your landlord is trying to have you evicted
- Your landlord is themselves a lawyer or professional advocate
- Your landlord is represented by a lawyer or professional advocate such as a real estate agent
While VCAT may give you permission to be represented by a lawyer or professional advocate, it is your responsibility to find your representative. It is only in very exceptional circumstances that VCAT will assist or appoint a representative for you.
VCAT must make sure both sides have a fair and balanced opportunity to present their case.
If you think you need legal representation at VCAT, this page says where you can get help.
If you are considering hiring a private lawyer, do so carefully and make sure you understand the fees, as legal costs can often be higher than the amount in dispute. Although it may seem intimidating, most people successfully represent themselves at VCAT.
You and your landlord (officially called the rental provider) can continue trying to reach an agreement between yourselves before the hearing. If you reach an agreement, you should put it in writing to make sure everyone follows through on their commitments. Verbal agreements can lead to confusion or further dispute.
There are 2 main ways you can document your agreement:
- Draft a written agreement and ask for it to be formalised in a VCAT consent order, which is a legal document issued by VCAT to confirm an agreement between parties that is legally binding and enforceable
- Write a private settlement agreement, which is a contract between you and the other side
Where possible, we recommend you get your agreement formalised in a VCAT consent order. This gives you stronger protection. For example, if the order says the landlord must pay you compensation, you can register it with the Magistrates’ Court of Victoria (free of charge) to start debt recovery if the landlord doesn’t pay. By contrast, a private settlement agreement would require further legal action to enforce.
If you reach an agreement, you can let VCAT know that you don’t need the hearing anymore. This can even happen during the hearing.
Our page about Rental Dispute Resolution Victoria (RDRV) has more information about types of agreements and what to do if you reach an agreement.
What happens at the hearing
Even though VCAT is less formal than a court, it is normal to feel nervous about the hearing. You can bring a friend or family member along for support if you wish.
If the hearing is in person, make sure that you arrive at VCAT on time. If you are late, the hearing will go ahead without you, so plan to get there at least 15 minutes before the hearing time.
If the hearing is by phone or video, make sure your phone or device is charged. Dial or click in a few minutes before the start time using the details VCAT sent you on the hearing notice. Hearings sometimes run late, so leave plenty of free time after the scheduled time. Make sure you are in a quiet place for the phone call or videoconference. All VCAT hearings are recorded.
On the hearing day, make sure you bring, or have access to, your notes about what you want to say and your copies of the application, your evidence and the landlord’s evidence. You may also want a pen and paper to take notes. If the hearing is in person, bring physical or digital copies of any evidence that VCAT or the landlord might not yet have.
If you need legal advice before going to the hearing, this page says where you can get help.
At the start of the hearing, you meet the person who will hear both sides of the story and decide on the dispute. This person is called the VCAT member. The member will usually ask the applicant to speak first.
If you applied to VCAT, you will need to prove your case to the VCAT member. If your landlord (officially called the rental provider) applied to VCAT, they will need to prove their case.
The applicant states their issues, says what they want VCAT to do about them, and shows the member their evidence. Then the respondent has their say. The member will put questions to both the applicant and the respondent, and to any witnesses.
Everyone gets the opportunity to present their evidence and to challenge the other side. But sometimes the hearing time can be limited, so make sure you say your most important things first.
Always speak respectfully to everyone in the room and don’t talk over people. Keep your arguments clear and to the point and try not to be intimidated by the member or the landlord or their agent.
You can take notes if it helps, but you cannot record audio without permission.
Private discussions with the landlord or their agent
If you want to have a private discussion or negotiation with the landlord or their agent during the hearing, you can ask the VCAT member for some time to do this. Let the member know how much time you need and discuss the best way to do this, which may depend on how the hearing is being held.
If the hearing is by phone or video the member might provide a private ‘breakout room’ or you may need to leave the call and rejoin at an agreed time.
You should always leave the hearing room itself for negotiations or private discussions, as the hearing is being recorded.
Before or during your hearing, you or the landlord (officially called the rental provider) can ask VCAT for mediation instead of a formal hearing. VCAT may also suggest mediation as the best way to proceed with resolving the dispute.
Mediation is a process where an independent, neutral third party (usually a VCAT member) helps people in a dispute talk through their issues and try to reach an agreement. The mediator does not make decisions or take sides – their role is to guide discussion, encourage understanding and help the parties find a solution that works for everyone.
Sometimes simple, facilitated communication is all that is needed to resolve a dispute.
Participating in mediation at VCAT is voluntary. If VCAT or your landlord requests mediation, you can choose not to take part and to have a formal VCAT hearing instead.
If you take part in mediation but the issue is not resolved, you and the landlord can:
- Consent to the same member deciding the matter in a formal VCAT hearing (as the member has already heard the discussions), or
- Ask for a new hearing to be scheduled with a different member, who will consider the evidence and issues afresh. In this case, anything discussed, seen or done in the mediation cannot be used as evidence in the hearing with the different member
Note that VCAT requires certain types of disputes to go through the mediation process first, with its free Rental Dispute Resolution Victoria (RDRV) service. These include disputes about repairs, compensation claims, bond claims and rent increases. Find out more on our page about going to RDRV (Rental Dispute Resolution Victoria).
After hearing both sides of the story, the VCAT member usually makes a decision, called an order. In most cases, they make the order and explain their decision on the day of the hearing. You will receive a copy of the order. If you don’t understand the order on the day, ask the member to explain it to you again.
It is always important to read the order as soon as you get it to ensure that it correctly reflects the member’s decision. If you find any errors, bring them to VCAT’s attention immediately by emailing renting@vcat.vic.gov.au or calling 1300 018 228.
In complex matters, the member may choose to ‘reserve’ their decision to consider the evidence and the law. The decision may then be sent to you, or you may be asked to come back to VCAT for the member to explain the orders.
Everyone must follow the order.
Some VCAT orders give the applicant and/or the respondent the right to ‘renew’ the application in certain circumstances, such as if someone does not follow the order. This means you can return to VCAT under the same application. For more on renewing an application, see the information on this page about what to do if your landlord does not follow a VCAT order.
If the order does not include a right to renew, it is considered final and cannot be changed or cancelled unless the order itself says otherwise.
Written reasons for an order
You can ask VCAT to provide written reasons for its decision. These are different from the order itself. Written reasons explain what facts VCAT found to be proven, how the law was applied to those facts, and why VCAT reached the decision stated in the order.
You must ask the member for written reasons before the hearing finishes. It is unlawful for VCAT to refuse your request if it is made in time. If you ask after the hearing has ended – that is, after the member or any other party has left – you are not legally entitled to written reasons.
Written reasons are important because they help you understand how VCAT reached its decision. They are especially important (but not essential) if you want to appeal. While you are legally entitled to request written reasons, it is generally polite to only do so with a clear reason, because preparing them takes up VCAT resources.
It is also respectful to tell the member at the start of the hearing that you may request written reasons. For example, you could say: ‘Member, we would like to request written reasons for the decision today, unless we indicate otherwise’. This allows the member to take their notes with your request in mind.
Be aware that most written reasons are published publicly, unless there is a suppression or anonymisation order under the Open Courts Act. Find out more on this page about protecting your personal information.
If you request written reasons, VCAT must provide them within 60 days of the date of the order.
Appealing a VCAT decision
If you think the member has made a legal mistake in their decision, you can appeal the decision. Find out more on this page about appealing a VCAT decision.
In most cases, everyone pays their own fees and costs for a VCAT hearing.
Fees are amounts you pay to VCAT, such as the application fee if you applied to VCAT.
Costs are any other amounts of money you pay, or lose, because of going to the hearing, such as travel costs and the cost of preparing evidence.
It is unlikely that you will be able to get the landlord (officially called the rental provider) to pay for your fees and costs, even if you win. However, in rare cases, VCAT has ordered one side to pay the fees and costs of the other side. This only happens if one side has made the hearing unfair for the other, such as taking someone to VCAT without a good reason, or causing a hearing to be delayed (adjourned) without a good reason.
In these cases, costs have included:
- Travel expenses, such as public transport fares, petrol and parking fees
- Preparing evidence, such as photo processing charges and photocopying
- Lost income for the time spent attending a hearing
- Lawyer fees
How to claim fees and costs
If you think the landlord should pay your fees and/or costs, you must ask VCAT to make an order for this. You can ask at the hearing, or you can include it in your application, if you applied to VCAT.
If you ask for it in your application, you should include the section of the law that allows VCAT to make orders about fees and costs. If you want the landlord to reimburse you for any costs, include section 109 of the VCAT Act 1998. If you want the landlord to reimburse you for any fees, include section 115B of the VCAT Act 1998.
To support your claim, you should, where relevant:
- Have evidence to show the amounts you have spent, or lost, in going to the hearing. For example, a letter from your employer stating the amount of wages you have lost, and receipts for photocopying, public transport fares and parking
- Say why you think it is fair for the landlord to pay your costs, for example, because there is no good reason for the hearing, or because they caused the hearing to be delayed
- Point out how the landlord caused unreasonable delay, for example, by not giving you a copy of their application before the hearing so the hearing had to be delayed
- Point out how the landlord disadvantaged you at the hearing, for example, not giving you a copy of their evidence until the day before the hearing so you did not have enough time to prepare your response
- Point out how the landlord has tried to deceive you or VCAT
If the landlord wants you to pay their fees and costs
If the landlord asks VCAT to order you to pay their fees and costs and you do not think this is fair, you can explain, where relevant:
- Why you think it is unfair for you to pay the landlord’s fees and costs
- Why you think the amount they are asking for is unreasonable
- How the landlord caused unreasonable delay to the hearing
- How the landlord disadvantaged you at the hearing
- How the landlord has tried to deceive you or VCAT
If a VCAT hearing happens without you
If a VCAT hearing happens without your knowledge, and orders are made, you can apply to VCAT to reopen the order. You generally need to do this within 14 days of finding out about the order. The application is free.
If VCAT agrees to reopen the order, it can revoke (cancel), vary (change) or affirm (keep) the original order.
To get an order reopened, you must:
- Have a good reason for not attending the original hearing, for example, a serious illness
- Show you have a reasonable case to argue that could make a difference to the order
- Show that reopening the order will not unfairly disadvantage the other party
VCAT may hold a hearing to consider your application. You should go to the hearing prepared to present your full case. Sometimes VCAT deals with both the application and the case at the same time. At other times, it may hold an initial hearing to decide whether to reopen your order and then a second hearing if it agrees that you have a case.
If you have ongoing health issues, arrange to participate in the hearing in a way that best suits you (such as by phone or videoconference), rather than risk missing the hearing. If you have specific medical appointments scheduled, VCAT should accommodate any requests to reschedule (adjourn) the hearing.
If you miss your reopening hearing, you must apply in person for another reopening. The same rules and requirements will apply.
If you have moved out, make sure you give your new address or contact details to the landlord (officially called the rental provider) or their agent. Otherwise, you might not find out about future VCAT hearings.
The VCAT website has more about reviews and rehearings.
If the order is about eviction
If the order is about eviction, you must apply to reopen it before the police evict you. Once you have been legally evicted, VCAT has no power to order that you be allowed to move back into the property.
After you have applied to reopen the order, call VCAT immediately on 1300 018 228 to confirm that your application has been received. VCAT usually notifies the police, who pause the eviction until your case is decided. However, you should also call the local police station to confirm that you have lodged the application to reopen the order with VCAT. Find out more on our page about notices to vacate and eviction.
Complaints about VCAT
VCAT has policies and rules that set out its obligations to provide fair and efficient justice. The VCAT website lists the practices and procedures that staff must follow.
If you believe the VCAT member, or any other VCAT staff, acted unfairly or unprofessionally, you can make a complaint.
Remember, making a complaint will not change the outcome of your hearing. Complaints are primarily intended to ensure that staff conduct is reviewed and that the integrity of the justice system is maintained. It is important to share your experience, as each member decides hundreds of cases every year, and it is essential that all judicial officers act professionally and appropriately.
The VCAT website has information on how to submit feedback and complaints.
If you need assistance with making a complaint, this page says where you can get help.
Appealing a VCAT decision
If you are unhappy about a VCAT decision, you may be able to make an appeal, but only if VCAT has made a legal error.
Appeals must be made to the Supreme Court, and this can be very expensive if you are unsuccessful.
You must lodge your appeal within 28 days of the date of the VCAT order or within 28 days of the date you received written reasons, whichever is later.
If you want to appeal a VCAT eviction order, you must apply to VCAT or to the Supreme Court’s Practice Court to stop the police from carrying out the eviction warrant. Once you have been legally evicted, an appeal cannot restore your tenancy.
If you want to appeal a VCAT decision, you should get legal advice as soon as possible. This page says where you can get help.
The VCAT website has more information about appealing a VCAT decision.
If your landlord does not follow a VCAT order
If your landlord does not follow a VCAT order, your options depend on what the order says they must do.
If you need advice about any of these options, see the information on this page about getting help.
If the VCAT order says your landlord (officially called the rental provider) must pay you money, and they don’t pay you by the due date, you can register the order with the Magistrates’ Court of Victoria to recover the debt. You don’t need to go back to VCAT. The Magistrates’ Court of Victoria website has more information about enforcing a civil debt through court.
If the VCAT order says your landlord (officially called the rental provider) must do something other than pay you money, and they don’t do it by the due date, you can go back to VCAT, but only if the order specifically allows it. This is called renewing the application.
On the day VCAT makes its initial orders, you should check that the member has included in the order the right to renew the application, especially if you want the landlord to do something, such as repairs.
If you want to renew the application, you can usually just write to VCAT and let the landlord know you have done this. You should also provide VCAT and your landlord with any evidence you have of the landlord failing to follow the order.
If your landlord (officially called the rental provider) is hostile or refuses to comply with a VCAT order, you can:
- Register non-monetary orders with the Supreme Court: If the VCAT order cannot be renewed, you may be able to register it with the Supreme Court to have it enforced. You should have strong evidence of non-compliance. It may be a good idea to discuss what your costs might be with the Self-Represented Litigants Coordinator at the Supreme Court
- Make an application to VCAT for contempt of VCAT: If the landlord is clearly ignoring the order and disrespecting VCAT, you can apply for a contempt proceeding. This should not be done lightly
- Report the landlord to Consumer Affairs Victoria: It is an offence not to comply with VCAT orders. You can report non-compliance to Consumer Affairs Victoria with supporting evidence. Use the Consumer Affairs Victoria general complaint form or call 1300 558 181
If you do not follow a VCAT order
Your landlord can also take action against you if you do not follow the order.
If the order says you must pay the landlord money, and you don’t pay by the due date, the landlord can go through the Magistrates’ Court of Victoria to get you to pay.
If you are experiencing financial hardship, seek financial counselling. For more information, see our page about financial hardship.
Deliberately not following a VCAT order can have significant consequences, so it is important to comply with the order and seek advice if you are unsure how to do so or have any other concerns.
In some circumstances, not complying with a VCAT order can result in you being listed on a tenant database. Tenant databases, sometimes referred to as ‘blacklists’, are run by private companies that collect information about renters and make it available to landlords, real estate agents and renters, usually for a fee. There are strict rules about when you can be listed on a tenant database, and when you must be removed from the database. Find out more on our page about tenant databases or ‘blacklists’.
If you need advice about complying with a VCAT order, this page says where you can get help.
Get help and other resources
If you need assistance with going to VCAT, there are services that can help.
Tenants Victoria services
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Renter Support Line
For all Victorian renters.
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Financial counselling
For all Victorian renters.
Other organisations
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Tenancy Assistance and Advocacy Program (TAAP)
For Victorian renters in private rentals, rooming houses and caravan parks who are in financial hardship or affected by family violence.
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Tenancy Plus
For Victorian renters in public and community housing.
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Justice Connect (contact card)
For all Victorians.
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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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Anika Legal
For Victorian renters who cannot afford a private lawyer.
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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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Consumer Affairs Victoria
For all Victorians.
VCAT’s work in residential tenancy disputes is primarily governed by the Residential Tenancies Act 1997 and the Victorian Civil and Administrative Tribunal Act 1998.
Residential Tenancies Act 1997
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 going to VCAT. Click on a link to see the section in the Act.
- Section 452 – General applications to VCAT
- Section 472 – General power of VCAT to make determinations
- Section 506 – Service of documents
The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.
Victorian Civil and Administrative Tribunal Act 1998
The Victorian Civil and Administrative Tribunal Act 1998 provides the legal framework for VCAT’s operations. It describes VCAT’s procedures and powers in numbered sections.
The sections in this list relate to VCAT’s role in resolving residential tenancy disputes. Click on a link to see the section in the Act.
- Section 71 – Principal registrar or VCAT may reject certain applications
- Section 74 – Withdrawal of proceedings
- Section 78 – Conduct of proceeding causing disadvantage
- Section 80 – Directions
- Section 83 – Compulsory conferences
- Section 88 – Mediation
- Section 97 – VCAT must act fairly
- Section 98 – General procedure
- Section 100 – Method of conducting hearings
- Section 102 – Evidence
- Section 104 – Witness summons
- Section 109 – Power to award costs
- Section 113 – Provisions regarding settlement offers
- Section 114 – Provisions concerning the acceptance of settlement offers
- Section 115 – Consequences if accepted offer is not complied with
- Section 115B – Orders as to reimbursement or payment of fees
- Section 117 – Reasons for final orders
- Section 119 – Correcting mistakes
- Section 120 – Re-opening an order on substantive grounds
- Section 120A – Re-opening an order for enforcement reasons
- Section 121 – Enforcement of monetary orders
- Section 122 – Enforcement of non-monetary orders
- Section 130 – Power to impose conditions and make further orders
- Section 131 – Variation or revocation of procedural order or direction
- Section 133 – Non-compliance with order
- Section 137 – Contempt
- Section 148 – Appeals from VCAT
- Section 149 – VCAT may stay its order pending appeal
The Victorian Civil and Administrative Tribunal Rules 2018 provide more detail and definitions, and specify updates to the Victorian Civil and Administrative Tribunal Act.