Repairs and maintenance

The law says these problems need urgent repair:

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

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

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

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

Impact on health

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

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

View the Healthy Housing infographic: Health impact of dampness and mould [PDF 808 KB].

Your responsibilities

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

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

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

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

Another way to test if repairs are urgent is to ask yourself if the issue is serious or makes your home unsafe. If you decide it is and apply to the Victorian Civil and Administrative Tribunal (VCAT) to get the urgent repairs done and VCAT doesn’t agree it’s urgent, you will not be penalised. You will just have to go through the process for non-urgent repairs. Read more on this page about applying to VCAT to get urgent repairs done.

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

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

Put it in writing

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

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

If you cannot reach anyone

If you cannot reach anyone, keep a copy of your phone log and any text messages and emails. This is important to show that you gave the landlord or agent the opportunity to act immediately and are therefore entitled to make an urgent repairs application to VCAT. See more on this page about applying to VCAT for repairs.

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

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

Photos and videos

Photos and videos can help show what the problem is and what needs to be done. Consider sending them when you report the problem to the landlord or agent. They may also be useful evidence later if you need to take further action.

Notes and copies

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

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

If you have not been able to contact the landlord (officially called the rental provider) or agent, or they refuse to do the repairs or don’t do them properly, you can apply to VCAT for an order that says they must do them. VCAT will hear your case within 2 business days.

Applying to VCAT

To apply for an urgent repair order, use the form on VCAT’s website: General application – residential tenancies.

Your application should include:

• Details of what needs to be fixed
• What you want VCAT to do. For example, you want VCAT to make an order that the landlord must arrange for the repairs to be done by a suitably qualified person and by a certain time
• Any supporting evidence, such as photos or videos of the problem and copies of any contact you had with the landlord or agent about the repairs

For more on filling out the VCAT application form, see our page on applying to VCAT.

You can also use our Repairs Toolkit to complete the application form.

VCAT will let you know when and where the hearing will take place and what you need to bring.

At the VCAT hearing

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

• Your copy of the application form
• Your evidence, including photos, videos and copies of any contact you had with the landlord or agent about the urgent repairs

In most cases, VCAT quickly makes an order on the day that says the landlord must do the repairs in an appropriate time frame.

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 for non-urgent repairs. If you paid an application fee, you won’t get it back

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. Find out more on this page about getting help.

For more on preparing for VCAT and attending the hearing, see our page about dealing with VCAT.

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

Keep paying rent

If the landlord or agent doesn’t arrange the repairs, do not stop paying rent and do not use your rent money to pay for the repairs. If you don’t pay rent, the landlord or agent could give you a notice to vacate for overdue rent.

If you don’t want the landlord 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 competed. You can request to pay rent into the Rent Special Account on any repairs application to VCAT.

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

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

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

You can arrange and pay for urgent repairs if:

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

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

1. Check if you can pay

Can you afford to pay for the repairs yourself? Do you worry the landlord won’t repay you? Are the urgent repairs likely to cost more than $2500 (including GST)? If you are concerned about any of these things, apply to VCAT to ask for an urgent repair order instead. Find out more on this page about applying to VCAT for repairs.

2. Get quotes

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

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

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

3. Book the repairs

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

4. Take ‘before and after’ photos and videos

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

5. Get a receipt or tax invoice

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

6. Request payment from the landlord

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

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

Download the Consumer Affairs Victoria form: Notice to rental provider of rented premises [Word 80 KB].

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

7. What happens next

Once you have given the landlord or agent your written request for payment, the landlord has 7 days to repay you. If they don’t, you can apply to VCAT for an order that they repay you. For information on how to do this, see our page about applying to VCAT.

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

You can send an email or letter to ask for repairs, or use the Consumer Affairs Victoria form: Notice to rental provider of rented premises [Word 80 KB].

However, Tenants Victoria recommends using the Consumer Affairs Victoria form: Notice of breach of duty to rental provider of rented premises [Word 110 KB]. This can make it easier to claim compensation, if you decide to do that. It can also put you in a better position to end your lease if your landlord frequently refuses or ignores repair requests.

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

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

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

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

Photos and videos

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

Notes and copies

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

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

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

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

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

If you request a Consumer Affairs Victoria inspection, you must wait for the report before you can apply to VCAT. This can add a week or more to the process of getting to VCAT.

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 71 KB].

Fill out the form and attach:

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

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

What happens next

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

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

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

You can also apply to VCAT 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 VCAT.

If you requested a free inspection from Consumer Affairs Victoria after the repairs weren’t done within 14 days, you need to wait for the inspection report before applying to VCAT.

VCAT should hear your case within 7 days and may order the landlord to do the repairs.

Applying to VCAT

To apply for a non-urgent repair order, use the form on VCAT’s website: General application – residential tenancies.

Your application should include:

• Details of what needs to be fixed
• What you want VCAT to do. For example, you want VCAT to make an order that the landlord must arrange for the repairs to be done by a suitably qualified person and by a certain time
• Any supporting evidence such as:
  • Photos or videos of the problem
  • Copies of any contact you had with the landlord or agent about the repairs, including the official breach of duty notice if you gave them one
  • The Consumer Affairs Victoria inspection report if you have one (if you have one, it must be attached to your application)

For more on filling out the VCAT application form, see our page on applying to VCAT.

You can also use our Repairs Toolkit to complete the application form.

VCAT will let you know when and where the hearing will take place and what you need to bring.

At the VCAT hearing

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

• A copy of your VCAT application form
• Your evidence, including photos, videos, copies of any contact you had with the landlord or agent about the repairs (including the breach of duty notice if you gave them one) and the Consumer Affairs inspection report if you have one

If the hearing is going to be online or by phone, contact VCAT beforehand on 1300 018 228 to discuss how you can provide your evidence.

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

In most repair orders, VCAT gives you a ‘right to renew’. This means you can take the landlord back to VCAT if they don’t follow the order, without having to make another application.

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. Find out more on this page about getting help.

For more on preparing for VCAT and attending the hearing, see our page about dealing with VCAT.

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

Keep paying rent

If the landlord or agent doesn’t arrange the repairs, do not stop paying rent and do not use your rent money to pay for the repairs. If you don’t pay rent, the landlord or agent could give you a notice to vacate for overdue rent, which could lead to you being evicted.

If you don’t want the landlord 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. Your money goes into the Rent Special Account until the repairs are completed or VCAT is satisfied the repairs will be competed. You can request this on any repairs application or if you are renewing a repairs application to VCAT.

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

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

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

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

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

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