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Repairs and maintenance

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This information is a guide and should not be used as a substitute for professional legal advice.

Summary

The law says your community housing provider must keep your rented home in ‘good repair’. It doesn’t matter how old it is, what it was like when you moved in, or how much rent you pay.

If you ask for repairs, your community housing provider cannot refuse to do them. And it cannot ask you to move out just because you want repairs done. If you get a ‘notice to vacate’ because your home needs repairs, seek advice. This page has information about getting help.

Future landlords (officially called rental providers) are not allowed to ask you about past legal disputes related to renting, including about repairs and maintenance. If you have a dispute with your community housing provider, it will not affect any future applications you make for housing.

If you are having trouble getting repairs done, there are steps you can take to move things along.

What is community housing?

Community housing is a house, unit or apartment you rent from a registered not-for-profit organisation. Find out more on our page about community housing. If your community housing is also a rooming house, please select the ‘rooming house’ rental type at the start of this page.

Try our Repairs Toolkit

Our Repairs Toolkit can help you through the process of getting repairs done.

Our Repairs Toolkit can help you understand your rights and draft a written request for repairs.

Read more

Types of repairs

The law separates repairs into 2 types: urgent repairs and non-urgent repairs.

Your community housing provider also does ‘programmed maintenance’, which is non-urgent work to maintain or improve your home. This is to make sure its properties stay in good condition over the years so it can provide people with quality homes.

Urgent repairs

Urgent repairs should be done as soon as possible after you report that they are needed. This generally means within 48 hours, allowing your community housing provider time to arrange the repairs.

However, highly urgent repairs – where your safety is at risk or the property has been, or could be, seriously damaged – should be done, or at least arranged, immediately.

In exceptional circumstances, your community housing provider may offer alternative temporary accommodation if critical repairs cannot be done quickly and it would be unsafe for you to stay.

For more information, check the repairs and maintenance policy (rules) on your community housing provider’s website. If you cannot find it on the website, ask for a copy to be sent to you.

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 this website about minimum standards
  • A failure or breakdown of any safety-related device, such as a smoke alarm
  • A failure or breakdown in any appliance or fitting supplied by your community housing 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.

Your community housing provider must tell you if it has received a notice about mould and damp in the past 3 years in a property you want to rent. 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

Your community housing provider 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 end up having to apply to Rental Dispute Resolution Victoria (RDRV) to get the repairs done, and the dispute goes 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.

Non-urgent repairs

A non-urgent repair is anything not on the list of urgent repairs. Your community housing provider should complete non-urgent repairs within 14 days of you reporting the problem.

Asking for something new for the property is not considered a non-urgent repair request. For example, you cannot use the repairs process to make your community housing provider install a television antenna if the property has never had one.

If you or members of your household need custom-built changes to your home (also called modifications) due to disability or health conditions, talk to your community housing provider about its policy (rules) on this. You could also check if the National Disability Insurance Scheme (NDIS) or another organisation or government program can help with funding. See more on our page about modifications to your home.

Programmed maintenance

Programmed maintenance is non-urgent work usually done to improve the property, like repainting, replacing old carpets or upgrading your kitchen. It is often done on a large scale and needs to be planned.

Programmed maintenance is separate from your community housing provider’s duty to keep your home in good repair. While it is not legally required, your community housing provider must do programmed maintenance as part of its registration with the Victorian Government’s Housing Registrar, which oversees community housing across the state.

Here’s what you can do next

  • Check the list on this page to see if your repairs are urgent
  • Go to your community housing provider’s website and check its repairs and maintenance policy (rules) or ask for a copy to be sent to you
  • If you need assistance, find out more on this page about getting help

Steps for getting repairs done

While your community housing provider is responsible for arranging repairs, it is your responsibility to report if anything needs fixing.

If you ask for repairs and your community housing provider takes too long or refuses your request, you can apply to Rental Dispute Resolution Victoria (RDRV) to get the repairs done. RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at VCAT. Find out more on our page about going to RDRV (Rental Dispute Resolution Victoria).

If you and your community housing provider cannot reach an agreement at RDRV, your dispute may be referred to VCAT. VCAT is similar to a court and hears many disputes in Victoria between renters and rental providers (such as community housing providers), who must follow its decisions.

Do not stop paying rent while you are waiting for repairs to be done. If you don’t pay rent, your community housing provider could give you a notice to vacate for overdue rent.

If you don’t want your community housing provider to get any rent from you until the repairs are done, you can ask VCAT if you can pay your rent to Consumer Affairs Victoria instead. Consumer Affairs Victoria is the government department that regulates the rental laws. Your money goes into the Rent Special Account until the repairs are completed or VCAT is satisfied the repairs will be completed. You need to apply to RDRV before you can make this request. Your resolution coordinator at RDRV will be able to assist you with next steps.

Getting urgent repairs done

As soon as you request urgent repairs, your community housing provider should start arranging a suitably qualified person to do the work, even if it is after hours or on the weekend or a public holiday.

Call your community housing provider 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).

Ask for a reference number for the call.

Put it in writing

Straight after the call, email your community housing provider to confirm in writing what repairs are needed. Do this even if it sounded like the call was enough.

If your community housing provider doesn’t do the repairs and you want to take further action, you will need to show that you requested the repairs in writing.

If your lease (officially called a rental agreement) started after 29 March 2021, and you are requesting urgent repairs to meet minimum standards, Tenants Victoria has a letter template you can use. Download: Letter requesting urgent repairs to meet minimum standards [Word].

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.

Keep a record

Make sure you keep a record of any communication you have with your community housing provider about the repairs.

It is also a good idea to take photos or videos of the problem. You could email them to your community housing provider when you confirm the repairs in writing. They may also be useful evidence later if you need to take further action.

After you contact your community housing provider, it should enter the repair job into its system (with a reference number) and give you the name of the contractor who will be doing the repairs.

With your consent, the contractor will contact you to arrange a day and time to do the work.

You should ask the contractor for identification before letting them into your home.

Once they have done the repairs, most contractors will ask you to sign a work order to confirm that they came to your home and completed the repairs. Never sign a blank work order.

When you sign you are only confirming the work was done. You are not confirming the quality of the work.

Proper notice to enter your home

Even if you requested the repairs, your community housing provider must follow the law in giving the proper notice to enter your home. Find out more on our page about privacy while renting.

If you receive proper notice, you have a legal obligation to let the community housing provider’s contractor into your home. If you don’t let them enter, it may affect any future compensation claim you make related to the repairs, and you can get a breach of duty notice for refusing entry. This website has more on breach of duty notices for renters.

While in your home, anyone working for your community housing provider must treat you respectfully.

If the repairs are not completed as soon as possible, or not done properly, contact your community housing provider to see if the issue can be resolved.

If you are not satisfied with the response, you can apply immediately to RDRV to get the urgent repairs done.

RDRV should contact you within one business day of receiving your application and should facilitate a discussion between you and your community housing provider 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 community housing provider 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 community housing provider 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 community housing provider 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 community housing provider to understand its 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 community housing provider within 2 business days of RDRV receiving your application.

If you think further discussion with your community housing provider won’t help

If you think your community housing provider is being unreasonable or that further discussion 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 your community housing provider and it has been uncooperative.

If the dispute goes to a VCAT hearing, you may need to pay a VCAT application fee, but you are likely to be eligible 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 may 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 community housing 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 business days of RDRV receiving your application. It usually takes place by phone, videoconference or email. The resolution coordinator may bring you and your community housing provider 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 community housing provider 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 your community housing provider 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 community housing provider 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 rental provider (such as a community housing provider), VCAT can make the final decision. It is not a court but its decision must be followed. If the dispute with your community housing provider 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 are likely to be eligible for a fee waiver. If you do have to pay a fee, you can ask VCAT to consider reimbursing you. 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 community housing provider 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 community housing provider 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 your community housing provider admits it has taken too long to do something, these statements cannot be used as evidence at VCAT.

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, your community housing provider should make sure you have a copy of any documents or evidence it will use. If it presents 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 your community housing provider 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 told your community housing provider about the problem and that the repairs are urgent.

In most cases, VCAT quickly makes an order on the day that says the rental provider (your community housing provider) must do the repairs in an appropriate timeframe. The order usually includes a ‘right to renew’. This means you can take your community housing provider back to VCAT if it doesn’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 community housing provider.

We generally don’t recommend this, unless the repairs are needed for safety or to stop serious damage and your community housing provider 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 community housing provider 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 your community housing provider but could not reach them, or
  • You contacted your community housing provider 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 your community housing provider.

1. Check if you can pay

Can you afford to pay for the repairs yourself? Do you worry your community housing provider 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 for urgent repairs.

2. Get quotes

If you pay for repairs, your community housing provider 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 your community housing provider might try to blame you for the issue, ask the tradesperson to note what they suspect caused it.

6. Request payment from your community housing provider

Ask your community housing provider 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 your community housing provider, see our page about landlord (rental provider) breaches.

7. What happens next

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

Here’s what you can do next

  • Call your community housing provider to report urgent repairs then follow up with an email confirming your repairs request
  • Check your community housing provider’s repairs and maintenance policy on its website or ask for a copy to be sent to you
  • If the repairs are not done as soon as possible, apply to RDRV. See our page on going to RDRV (Rental Dispute Resolution Victoria)
  • If you need assistance, find out more on this page about getting help

Getting non-urgent repairs done

If you request non-urgent repairs, your community housing provider must arrange a suitably qualified person to do them within 14 days. Non-urgent repairs are anything not on the list of urgent repairs under the law.

If the repairs are not done, or not done properly, within 14 days, you can:

  • Apply to Rental Dispute Resolution Victoria (RDRV) to get the repairs done
  • Request a free inspection from Consumer Affairs Victoria. This is useful if the problem is not obvious, such as a bad smell. If needed, you can then use the inspection report as evidence at RDRV or VCAT

Generally, you cannot arrange and pay for non-urgent repairs yourself.

Call your community housing provider to report the problem and ask for repairs. Ask for a reference number for the call.

It is also a good idea to check your community housing provider’s website for its repairs and maintenance policy (rules). If you cannot find it on the website, ask for a copy to be sent to you.

Put it in writing

Once you have spoken to your community housing provider, put your request for repairs in writing. You should do this even if a phone call sounded like it would be enough.

If your community housing provider doesn’t do the repairs and you want to take further action, you will need to show that you requested the repairs 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.

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.

Keep a record

Make sure you keep a record of any communication you have with your community housing provider about the repairs.

It is also a good idea to take photos or videos of the problem. Consider sending them when you report the problem to your community housing provider. They may also be useful evidence later.

After you request the repairs, your community housing provider should enter the repair job into its system and give you the name of the contractor who will be doing the repairs.

With your consent, the contractor will contact you to arrange a day and time to do the repairs. Otherwise, your community housing provider will let you know when the contractor will be coming to your home to do the work.

The contractor must come within 14 days of you requesting the repairs.

You should ask the contractor for identification before letting them into your home.

Once they have done the repairs, most contractors will ask you to sign a work order to confirm that they came to your home and completed the repairs. Never sign a blank work order.

When you sign you are only confirming the work was done. You are not confirming the quality of the work.

Proper notice to enter your home

Even if you requested the repairs, your community housing provider must follow the law in giving the proper notice to enter your home. Find out more on our page about privacy while renting.

If you receive proper notice, you have a legal obligation to let the community housing provider’s contractor into your home. If you don’t let them enter, it may affect any future compensation claim you make related to the repairs, and you can get a ‘breach of duty’ notice for refusing entry. Find out more on this website about breach of duty notices for renters.

While in your home, anyone working for your community housing provider must treat you respectfully.

If your community housing provider 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. The Consumer Affairs Victoria inspector may also negotiate directly with the community housing provider on your behalf to have the repairs carried out.

If you apply to Rental Dispute Resolution Victoria (RDRV), you can start discussions with your community housing provider at RDRV before you receive the inspection report. However, if the dispute ends up going to VCAT, and you have requested a Consumer Affairs Victoria inspection, the VCAT hearing will not take place until you have the inspection report.

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 your community housing provider 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 your community housing provider their report, including any recommendations they make for required works. They may also contact your community housing provider to discuss the report.

If Consumer Affairs Victoria recommends repairs, and your community housing provider does not arrange them, or you suspect they will not complete them in a timely manner, you can apply to RDRV for non-urgent repairs (if you have not already done so) 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 your community housing 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 community housing provider 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 community housing provider 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 community housing provider cannot reach an agreement at RDRV, the resolution coordinator can refer the dispute to VCAT for a formal hearing. If you have requested a Consumer Affairs Victoria inspection report and have not yet received it, the VCAT hearing will be delayed until you get 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 community housing provider is uncooperative and the dispute is likely to go to VCAT.

Once you have applied, you should give your community housing provider 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 community housing provider to understand its 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 community housing provider within 2 weeks of RDRV receiving your application.

If you think further discussion with your community housing provider won’t help

If you think your community housing provider is being unreasonable or that further negotiation 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 your community housing provider and it has been uncooperative.

If the dispute goes to a VCAT hearing, you may need to pay a VCAT application fee, but you are likely to be eligible 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 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 may 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 community housing 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 community housing provider 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 community housing provider 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 your community housing provider 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 community housing provider 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 rental provider (such as a community housing provider), VCAT can make the final decision. It is not a court but its decision must be followed. If the dispute with your community housing provider 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 are likely to be eligible for a fee waiver. If you do have to pay a fee, you can ask VCAT to consider reimbursing you. 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 community housing provider 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 community housing provider 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 your community housing provider admits it has taken too long to do something, these statements cannot be used as evidence at VCAT.

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, your community housing provider should make sure you have a copy of any documents or evidence it will use. If it presents 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 your community housing provider 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 your community housing provider written notice that repairs were needed.

Unless your community housing provider can prove you caused the damage, VCAT usually makes an order on the day that says the provider must do the repairs in an appropriate timeframe.

The order usually includes a ‘right to renew’. This means you can take your community housing provider back to VCAT if it doesn’t follow the order, without having to reapply to RDRV.

Getting programmed maintenance done

Programmed maintenance is large-scale work that improves the general condition of your community housing provider’s properties. It is carried out in a planned and systematic way and may improve your home beyond any repairs that your community housing provider must do.

If you ask your community housing provider for this kind of work, there is often a wait time and financial considerations. Check your community housing provider’s website for its policy (rules) on programmed maintenance.

If you think the work you want is repair work but your community housing provider says it is programmed maintenance, you can follow the steps on this page for getting non-urgent repairs done. If the work is not completed, you can apply to Rental Dispute Resolution Victoria (RDRV).

Your community housing provider cannot use future programmed maintenance as an excuse for delaying non-urgent repairs.

Here’s what you can do next

Complaints about repairs

If repairs are not done, or not done properly, within the required timeframe, or you are not happy with the way the repairs contractor behaved, you can also make a formal complaint.

To do this, see your community housing provider’s complaints policy (rules) on its website. If you cannot find it on the website, ask for a copy to be sent to you.

You should also check your community housing provider’s website for its repairs and maintenance policy (rules) or request a copy in writing. This information can help when complaining about poor or delayed repairs.

When making a complaint, be clear about what you are not happy with, provide your evidence and say what you want the community housing provider to do to resolve the issue.

Complaints may also be about the conduct of contractors your community housing provider has hired. This is important feedback to help ensure the contractors your community housing provider hires treat people with respect, and don’t behave unprofessionally or unlawfully.

If you are not happy with your community housing provider’s response, you can then take your complaint to the Victorian Government’s Housing Registrar, which oversees community housing across the state. If you are not happy with the Housing Registrar’s response, you can go to the Victorian Ombudsman.

If you need assistance making your complaint, this page has information about getting help.

Victorian Ombudsman

The Victorian Ombudsman can help resolve complaints about maintenance and repairs in community housing. They can make an independent recommendation through the Housing Registrar or directly to the community housing provider.

Making a complaint to the Victorian Ombudsman is free.

You can call their office on 1800 806 314 or use their online complaint form.

Getting compensation if repairs are not done

You might be able to get compensation from your community housing provider if it did not arrange for the repairs or took too long to arrange them.

Telling your community housing provider that you are going to claim compensation might also help speed up the repairs.

Generally, it is easier to claim compensation after the repairs are completed, so that you can calculate the full loss you suffered. You can also claim compensation after you have moved out, including as part of an application to Rental Dispute Resolution Victoria (RDRV) for your bond.

If VCAT has ordered your community housing provider to do repairs, and they have not been done, you can renew your repairs application and include a claim for compensation.

Find out more on our page about claiming compensation.

Get help and other resources

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

Tenants Victoria services

  • Social Housing and Rooming House Priority Line

    For Victorian renters in public housing, community housing and rooming houses.

Other organisations

  • Victorian Public Tenants Association

    For Victorians who live in public housing or are on the wait list.

  • Anika Legal

    For Victorian renters who cannot afford a private lawyer.

  • Victoria Legal Aid

    For all Victorians.

  • Federation of Community Legal Centres

    For all Victorians.

  • Tenancy Plus

    For Victorian renters in public and community housing.

  • Rental Dispute Resolution Victoria (RDRV)

    For all Victorians.

  • Victorian Civil and Administrative Tribunal (VCAT)

    For all Victorians.

  • Consumer Affairs Victoria

    For all Victorians.

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

  • Mould and damp infographic

    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.

  • Step-by-step video on going to VCAT

    This Tenants Victoria video walks you through the entire VCAT process – from gathering the necessary documents to understanding what happens during a hearing.

  • Getting ready for a VCAT hearing

    VCAT takes you through the steps of preparing for a VCAT hearing.

  • Online toolkit for dealing with repairs

    Tenants Victoria’s Repairs Toolkit helps you understand your rights and ask for repairs.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (like community housing providers) in numbered sections.

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

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

Community housing provider policies

Your community housing provider also has policies (rules) that set out its obligations to communicate and act respectfully and fairly to ensure your home is safe and that maintenance work is done in a timely manner.

You can usually access these policies on your community housing provider’s website. If you cannot find a policy on its website, you should make a request in writing for a copy to be sent to you.

If you wish to make a complaint about your community housing provider, see more on this page about complaints.