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Claiming compensation

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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

If your landlord (officially called the rental provider) or their agent doesn’t follow the rental laws or the terms of your lease (officially called a rental agreement), you may be able to get compensation.

The first step is to tell your landlord or agent about the problem. If they don’t agree you should get compensation, you can apply to Rental Dispute Resolution Victoria (RDRV).

RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at the Victorian Civil and Administrative Tribunal (VCAT). However, if you and your landlord cannot reach an agreement at RDRV, you may need to go to a formal hearing at VCAT. If your landlord is being unreasonable, you may get a better outcome at VCAT.

VCAT is similar to a court and hears many disputes in Victoria between renters and landlords, who must follow its decisions. If VCAT decides you should get compensation, it will make an order requiring your landlord to pay you.

As a renter, you can apply to RDRV for compensation while you are still living at the property or after you have moved out. But you must apply within 6 years of the problem or loss occurring.

If you are still living there, keep paying rent while you seek compensation. If you stop, the landlord or their agent could give you a ‘notice to vacate’ for overdue rent.

What is a private rental?

A private rental is a house, unit or apartment you (or your share house) rent from someone (usually the owner) or through a real estate agent. Find out more on our page about private rentals.

Reasons for claiming compensation

You can claim compensation from the landlord if you can show:

  • You have suffered loss, damage or significant inconvenience, and
  • It was caused by the landlord or agent breaching (not following) their duties under the law or in your lease

Common reasons

This list of common reasons for compensation has examples and tips for making a claim.

Your landlord (officially called the rental provider) or their agent must maintain your home in good condition and make sure any repairs are done by qualified people.

You must tell them as soon as possible and in writing if anything is damaged or needs to be repaired, especially if not fixing the problem could cause more damage. If you apply to Rental Dispute Resolution Victoria (RDRV) to claim compensation, but did not give written notice about the problem to the landlord or agent, it could affect your claim. Find out more about reporting damage on our page on repairs and maintenance.

If the landlord or agent delays or doesn’t do repairs after you have reported a problem, you can claim compensation for what that cost you. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • The cost of a portable heater you had to buy because the heater was broken, or the property didn’t meet heating minimum standards. See more on our page about minimum standards
  • The cost of showering at your local gym because the hot-water system was broken
  • The cost of eating out or reasonable delivery costs when you couldn’t cook at home because the stove was broken
  • The cost of repairing or replacing belongings damaged or destroyed by a leaking roof
  • The cost of dry-cleaning clothes soiled by mould caused by a leaking pipe
  • Not getting full value for your rent because you couldn’t use your entire home, or an entire room, due to extensive mould that made it unsafe or because tradespeople were working in it
  • The cost of staying somewhere else if the issues were serious enough that everyone agreed it wasn’t safe to stay at home until repairs were done
  • A bigger water bill because of a faulty hot-water system
  • A bigger electricity bill due to repairs being done, such as running heaters or fans to dry out carpets after a roof leak, or tradespeople using a lot of power tools

You can apply to RDRV any time, but it can be a good idea to wait until the repairs have been done. If your dispute ends up going to a formal VCAT hearing, VCAT will not always decide cases where the compensation is still adding up.

For more on renter and landlord responsibilities for maintenance, damage and wear and tear, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and landlords must follow the rental laws.

Your landlord (officially called the rental provider) or their agent must take all reasonable steps to ensure you have ‘quiet enjoyment’ of your home. This means living there without interference or disturbance from the landlord or their agent, or from things that are within their control to prevent.

If your quiet enjoyment is disturbed, you can claim compensation for that loss. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • The landlord or agent didn’t follow the rental laws about entering your home, such as entering your home without proper notice or a proper reason under the law, or sending a tradesperson to work at your home without giving you notice or getting your consent. For more on when and how landlords and their agents can enter your home, see our page about your privacy while renting
  • You couldn’t enjoy your entire home because of repair issues, such as a roof leak not fixed, rooms being unsafe because repairs aren’t done, or tradespeople working in your home
  • You couldn’t enjoy all or part of your home because it wasn’t reasonably clean or wasn’t vacant on the day you moved in
  • You couldn’t get into your home because the landlord or agent didn’t give you the keys
  • You couldn’t get into your home because the landlord or agent changed the locks or illegally evicted you

Your landlord (officially called the rental provider) or their agent must make sure:

  • All external doors (except screen doors) have a working deadlock, unless a legal exception requires a different type of lock
  • There are working locks on all windows capable of having a lock
  • If they change a lock, they give you the key to the new lock as soon as possible
  • If you change the locks because of family or personal violence, they do not give a copy of the new keys to someone no longer on the lease (officially called a rental agreement) or not allowed to enter the property because of an intervention order

If they don’t follow these rules, you may be able to claim compensation. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • You couldn’t get into your home because the landlord or agent changed the locks but didn’t give you a new key
  • Your home was broken into and your belongings were damaged or stolen because there weren’t locks on all external doors and windows
Faulty locks

Faulty locks are considered an urgent repair under the law. Report this to the landlord or their agent immediately.

Even though the landlord is at fault for not providing working locks, it might affect your claim for compensation if you don’t act quickly to protect yourself and your belongings.

Find out how to report urgent repairs on our page about repairs and maintenance.

If an appliance that uses or supplies water, electricity or gas needs to be replaced, the landlord (officially called the rental provider) or their agent must replace it with one that meets the minimum standard for efficiency.

If they replace an appliance such as a dishwasher, shower, toilet, tap, air conditioner or heater with one that performs below the minimum standard, you may get an unusually high water, electricity or gas bill.

You can claim compensation for your entire water, electricity or gas bill – whichever utility the substandard appliance uses – while you had to use the appliance. Keep evidence of the problem and your costs to include in your claim.

See the Australian Government websites about water rating and energy rating.

We also have more information on our page about utility charges.

Your landlord (officially called the rental provider) or their agent must make sure your home is reasonably clean on the day you are due to move in. If it is not, you don’t have to move in until it is reasonably clean. The landlord should credit you for rent you have paid until the property is reasonably clean or until you move in. We generally recommend that you don’t refuse to move in over minor issues, such as dusty curtains or a dead cockroach.

If the property is not reasonably clean, you should let the landlord or agent know immediately and in writing. You could say that if it is not cleaned within a reasonable timeframe that you set, you will:

  • Seek a restraining order from VCAT requiring them to clean the property (a restraining order is a VCAT order that tells someone they must do, or not do, something), or
  • Do the cleaning yourself (or hire someone to do it at a reasonable cost) and then apply to Rental Dispute Resolution Victoria (RDRV) to seek compensation for your time and costs. Make sure you take before-and-after photos, log your time and activities, and keep receipts for any cleaning products or services you use

If you go to RDRV and the landlord does not agree to pay you compensation, you can take the dispute to VCAT. If VCAT agrees with you, it may make an order requiring the landlord to pay you compensation.

If you disagree with the landlord or agent about what ‘reasonably clean’ means, see our page on the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and landlords must follow the rental laws. They include guidance on what ‘reasonably clean’ means.

Your landlord (officially called the rental provider) or their agent must make sure your home is vacant on the day you are due to move in.

If someone else is still living there, or someone’s belongings have been left there, you can ask for the situation to be fixed and claim compensation. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • Any rent you paid until the property was vacant and you could move in
  • The reasonable cost of staying somewhere else until the property became vacant
  • Any loss of the use of your home because someone’s belongings were stored there. This is also loss of quiet enjoyment – see more on this page about loss of quiet enjoyment

Other reasons

There are many other reasons you can claim compensation from your landlord for inconveniences, costs, loss or damage. Make sure you have evidence of the problem, proof that you told the landlord or agent about it, and a record of your costs to include in your claim.

You can claim compensation from your landlord (officially called the rental provider) if they or their agent:

  • Illegally evict you – if the landlord wants you to move out, they must follow all the legal steps. See more on our page about notices to vacate and eviction
  • Take or dispose of your belongings because you owe rent or because you left them behind when you moved out. See more on our page about goods left behind
  • Do not do what they promised in the lease (officially called a rental agreement) or in a separate agreement with you, such as providing gardening services or a parking space or installing a phone or internet connection or a heater or air conditioner
  • Damage your belongings during a visit to your home. Or someone they allowed in does
  • Charge you for water, electricity or gas when there is no separate meter. Find out more on our page about utility charges
  • Reduce or take away services, facilities or other items in your home, such as removing a washing machine that came with the property. If this happens, you can also apply for a rent reduction. See more on this page about rent reductions
  • Increase the rent unlawfully. Find out more on our page about rent increases
  • Refuse to return overpaid rent. See our page about starting a tenancy for how much rent you can be asked to pay in advance
  • Refuse to return a holding deposit you paid to hold the property while you were deciding if you wanted to rent it
  • Discriminate against you. See more on our page about applying for a rental property
  • Do not give you keys or entry fobs for the property, or enough for all renters on the lease

This is not a full list. If you want to find out if you can claim compensation for another reason, this page has information on where to get help.

Rent reductions

If the landlord refuses to drop your rent after reducing or removing services or facilities previously provided as part of your lease, such as removing a washing machine that came with the property, you can apply to Rental Dispute Resolution Victoria (RDRV) for a rent reduction.

The first step is to ask Consumer Affairs Victoria to assess whether you should be given a rent reduction. Use the Consumer Affairs Victoria online form: Request for rental assessment.

If the Consumer Affairs Victoria rent assessment report says you should get a rent reduction, but the landlord still refuses, you can apply to RDRV for your rent to be reduced. You should apply to RDRV within 30 days of receiving the report from Consumer Affairs Victoria.

If you don’t think a rent reduction will fix the issue, you may prefer to seek compensation and a ‘restraining order’, which is an order from VCAT that tells someone they must do something, or stop doing something. VCAT may make a restraining order requiring the landlord to reinstate the services or facilities they have withdrawn. See more on our page about restraining orders.

In exceptional circumstances, and if you and your landlord (officially called the rental provider) cannot reach an agreement at Rental Dispute Resolution Victoria (RDRV), VCAT may order your landlord to pay compensation for distress or disappointment, not just for inconvenience. This is different from personal injury and applies to issues relating to your home that affect your state of mind. For example, the distress caused by having a back door off its hinges for several weeks after you reported the issue.

If you want to find out if you can claim compensation for distress or disappointment, this page says where you can get help.

Personal injury

Personal injury means physical or psychological injury caused by someone else’s negligence or wrongdoing. Compensation for it falls under a different area of law from rental law – VCAT cannot give any compensation for personal injury under the Residential Tenancies Act 1997. In some cases, you may be able to provide medical evidence with a rental compensation claim to show how serious the issue has been.

If you are seeking compensation from your landlord for pain, suffering or injury, contact a personal injury lawyer before applying to Rental Dispute Resolution Victoria (RDRV) for rental compensation. A personal injury lawyer is likely to charge a fee. However, many lawyers provide the first meeting for free, so they can make a preliminary assessment. The Law Institute of Victoria has a Find Your Lawyer service on its website. Make sure you take any relevant evidence you have to the first meeting, and ask about any costs you may be charged.

Personal injury is different from ‘distress’ or ‘disappointment’. See more on this page about claiming compensation for distress and disappointment.

Steps for claiming compensation

The law says what your landlord must do to keep your rented home in good condition and ensure you can use and enjoy all of it. If they don’t follow the rules, you can claim compensation for loss or inconvenience at Rental Dispute Resolution Victoria (RDRV).

If you don’t reach an agreement through RDRV, you can take the dispute to a formal VCAT hearing. VCAT will look at everyone’s evidence, apply the law and make a final decision.

You can claim compensation while you are still living there or after you have moved out. It is usually better to wait until the problem is fixed so you can fully calculate what it cost you.

Work out your costs

You need to put a dollar value on everything you want to claim, including the loss of quiet enjoyment if you were not able to use and enjoy part or all of your home. If you go to Rental Dispute Resolution Victoria (RDRV) or a formal VCAT hearing, you will need to explain how you worked out your costs and show that they are reasonable.

Ask for what you think is fair, but don’t overspend as you may not get it all back. For example, if you stay somewhere else while repairs are being done, you can claim the cost. But you will need to show that it was reasonably necessary to stay somewhere else and that the cost is not excessive.

If you claim for things to be replaced, you may not get the full replacement cost unless you can show that they were new when they were damaged or destroyed. For certain items, such as mattresses, you may be able to argue that the only suitable replacement is a new one.

Note that Victoria’s rental laws cover renter compensation claims of up to $40,000. For more than that, you will need to claim under the Australian Consumer Law and Fair Trading Act 2012. If you need advice, this page says where you can get help.

You can calculate your claim for the loss of quiet enjoyment using this equation.

A x B x C = amount of compensation for the loss of enjoyment or use of your home

Where:

A = the total number of days without the enjoyment or use of your home

B = your daily rent

C = percentage estimate of loss

Once you have calculated this amount, you can add amounts for any other losses and inconveniences, such as having to buy a portable heater because the heater at your home wasn’t fixed.

Daily rent

To work out your daily rent, multiply your monthly rent by 12 then divide that figure by 365 to get the daily amount.

You can also work it out using the Consumer Affairs Victoria rent calculator.

Percentage estimate of loss

This can be the most difficult part of the claim to work out. You may need to explain why the percentage you have decided on is reasonable for the loss you have suffered.

For example, if you are renting a 5-bedroom home and couldn’t use one of the bedrooms because of a leaking roof, but all the others were okay, claiming a rent decrease of 50% for the time you were affected would be unreasonable as you didn’t lose the use of 50% of your home.

However, if you couldn’t use 2 bedrooms and had to move furniture from those rooms into other rooms to avoid damage to your things or for repairs to be done, then claiming 50% may be reasonable.

To show how you calculated your claim, it can help to put your losses and the actions you took into a table. You can download tables for the examples listed here.

Also collect evidence, such as receipts, photos and videos, as well as phone call records and any emails, letters, texts and notices sent to the landlord (officially called the rental provider) or agent about the issue. Make copies of these and keep them safe as you will need them if you apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.

Example: A broken heater

Your heater broke down in winter. You repeatedly asked the landlord to fix it, but that took 2 months. You had another heater, but it was expensive to run so you only used it to heat your living room, where you could close the doors to keep the heat in, and used electric blankets in the bedrooms.

By not fixing the heater for 2 months, the landlord has failed to keep your home in good repair and to ensure you have quiet enjoyment of your home. You can claim compensation for this.

Download the example table: Compensation claim for broken heater [Word].

Example: Claiming for multiple issues

If you suffered loss or inconvenience because of multiple issues, you can claim compensation for them all at the same time.

Download the example table: Compensation claim for multiple issues [Word].

Compensation claim template

You can use our table template to record the details of your compensation claim.

Download the table template: Calculating your compensation claim [Word].

Here’s what you can do next

  • Get together evidence of the problem and your losses, such as receipts, photos and videos, and records of your communication with the landlord or their agent about the issue
  • If you have lost the quiet enjoyment of your home, use our equation and examples to work out what it cost you
  • Download our compensation claim template and start entering your details: Calculating your compensation claim [Word]
  • If you need assistance, see the information on this page about getting help

Tell your landlord you want compensation

You can claim compensation while you are still living in your rented home or after you have moved out. Either way, you should let the landlord know in writing.

In some circumstances, it is best to give the landlord an official ‘notice of breach of duty’. If you apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute, and the dispute ends up going to a formal VCAT hearing, you may need to show VCAT that you gave the landlord written notice of the breach.

If you are still living at the property and want compensation because your landlord (officially called the rental provider) breached their duty under the rental laws (for example, failed to repair something), you should give them an official notice of breach of duty.

You can download the notice from the Consumer Affairs Victoria website: Notice of breach of duty to rental provider of rented premises.

For more on landlord duties, see our page about private rentals.

If you are unsure whether your landlord has breached their duty, this page says where you can get help.

How to complete the notice of breach of duty

The notice of breach of duty outlines the compensation you want from your landlord and tells them they must not commit a similar breach again. It also says if they don’t comply, you may go to VCAT.

Download the notice from the Consumer Affairs Victoria website: Notice of breach of duty to rental provider of rented premises.

When filling it out, you must include:

  • The address of your rented home
  • The names of all the renters on the lease (officially called a rental agreement)
  • The landlord’s name and contact details. If you don’t know their name because you rent through an agent, check your lease or ask the agent. You can use the agent’s contact details if necessary
  • The reason for the notice
  • How and when you will deliver the notice
The reason for the notice

In part 4 of the notice, you must include:

  • Why you believe the landlord has breached their duty: The ‘Information for the renter’ section at the end of the form has a list of common reasons for giving the notice. If any of these apply to your situation, you can copy and paste them into section 4 and then add more detail, including dates. You can claim for multiple breaches on one form. If there isn’t enough space, write ‘see attached’ and provide the information in a separate document
  • The loss or damage caused by the breach: Include details of the loss, damage and inconvenience you suffered because of the landlord’s breach. Give as much detail as possible
  • What you want the landlord to do: You can ask the landlord to fix the problem and/or pay you compensation. If you want them to fix the problem, say what you want them to do, such as fix a leaking roof. If you want compensation, say how much. Also select the timeframe for these things to be done – 7 days for breaches of quiet enjoyment or 14 days for all other breaches
  • What evidence, if any, you will send with the notice: Mark the box to indicate whether or not you are attaching documents to the notice. If you are attaching documents, list what you are attaching

Download an example of the ‘Reason for notice’ section of a notice of breach of duty: Example of ‘reason for notice’ [PDF].

If you are still living at the property and want compensation from your landlord (officially called the rental provider) for something that is not a breach of their duty under the rental laws, you do not need to give a notice of breach of duty. For example, if your landlord doesn’t provide gardening, when they said they would in your lease (officially called a rental agreement), you do not need to give them a breach of duty notice.

If you are claiming compensation after you have moved out, you do not need to give the landlord a notice of breach of duty, even if your claim is about them breaching their duty while you were living at the property.

In both cases, you should let the landlord know in a letter or email why you want compensation and the amount you want, and that you will apply to Rental Dispute Resolution Victoria (RDRV) if they do not pay you within a timeframe you think is reasonable.

If you are unsure whether your landlord has breached their duty, this page says where you can get help.

As soon as possible, give a copy of the notice or letter and copies of any evidence you have to your landlord (officially called the rental provider) or their agent. In the law, this is called ‘service’.

You can give them (serve) the notice or letter 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
  • Sending it by post. We recommend registered post so you can prove they received it. Keep your receipt and tracking number
  • Emailing it, unless there is something in your lease (officially called a rental agreement) saying they will not accept emails. Check that your email has been received

Make sure you keep your own copies safe in case you need to show Rental Dispute Resolution Victoria (RDRV) or VCAT that you gave the landlord or their agent written notice of the issue.

If your landlord (officially called the rental provider) pays the compensation you have asked for, you don’t need to take any further action.

If your landlord wants to negotiate, we recommend you apply to Rental Dispute Resolution Victoria (RDRV). This gives you the benefit of negotiating with an independent mediator present. You can also get your agreement formalised as a VCAT order so it is enforceable. For more about the process of going through RDRV, including tips for drafting agreements, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If your landlord (officially called the rental provider) does not pay you within the timeframe in your notice or letter, you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.

Find out more about what to do if your landlord does not agree to pay you compensation.

Here’s what you can do next

If your landlord does not agree to pay you compensation

If your landlord does not pay you compensation by the time you gave in your letter or your notice of breach of duty, you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.

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

If you and your landlord cannot reach an agreement at RDRV, the resolution coordinator can refer the dispute to VCAT for a formal hearing.

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.

Once you have applied, you should give your landlord (officially called the rental provider) a copy of your application and any documents or evidence you attached to it.

An RDRV resolution coordinator will review your application and contact you to discuss your options. They may also contact your landlord to understand their side of the dispute.

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

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

It is important to organise your documents and evidence before discussions with your landlord (officially called the rental provider) at Rental Dispute Resolution Victoria (RDRV).

You may have already attached some documentation to your application. Or you may have applied to RDRV with just your details and some basic information about what happened. The resolution coordinator will let you know if you need to provide further documents or evidence. Your landlord may also ask you to provide evidence during the RDRV session, and you can ask them to do the same.

The more clearly organised your documents are, the easier and more efficient your negotiations will be, and the more likely the dispute will be resolved.

Your documents and evidence may include:

  • Evidence of the problem – for example, if the claim relates to repairs, include photos or a video of what needed to be repaired as it might help to show how you were affected
  • Details about contact you had with the landlord or their agent about the problem, such as emails, texts and phone calls
  • Details about whether the problem was fixed and when it was fixed
  • A copy of the notice of breach of duty you gave the landlord or their agent, or other correspondence you had with them asking for compensation
  • Receipts for your expenses and quotes for future expenses
  • The table you used to calculate your claim, if you used one. See the claim calculation examples and tables on this page
  • Any other evidence you may have to support your claim

You can copy, scan or take photos, but make sure everything is clear enough to read.

For more on providing documents and evidence at RDRV, see our page about going to RDRV (Rental Dispute Resolution Victoria).

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

The facilitated discussion usually takes place by phone, videoconference or email. The resolution coordinator may bring you and your landlord together to talk, or they may act as a go-between, passing on claims, offers and options so you don’t need to speak to each other directly.

If the resolution coordinator believes a more structured, face-to-face meeting might be the best option to resolve the dispute, they may invite you both to a formal mediation session.

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

If you reach an agreement at RDRV

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

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

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

If you do not reach an agreement at RDRV

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

If the dispute goes to a formal hearing at VCAT

When there is a dispute between a renter and a landlord, VCAT can make the final decision. It is not a court but its decision must be followed.

If the dispute with your landlord is not resolved at Rental Dispute Resolution Victoria (RDRV), it may go to a formal hearing at VCAT. The resolution coordinator will help you understand what to expect and get yourself organised. VCAT also has information to help you prepare for a hearing.

You may need to pay a VCAT application fee, but you can ask for it to be reimbursed. For more on VCAT fees, 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.

Before the VCAT hearing, you and your landlord can continue trying to reach an agreement, even outside of RDRV. If you reach an agreement, you can ask the resolution coordinator to organise for it 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, and ask the resolution coordinator to withdraw the VCAT case. Either way, you will not need to attend a hearing. Find out more about what to do if you reach an agreement on our page on going to RDRV (Rental Dispute Resolution Victoria).

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.

Hearings about compensation claims are usually held within 4 weeks of you applying to Rental Dispute Resolution Victoria (RDRV).

Request to change the hearing date

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.

Request to attend the hearing by phone or video

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:

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.

If you and your landlord (officially called the rental provider) tried to resolve the dispute at Rental Dispute Resolution Victoria (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 the amount you are asking for may be too high, or if the landlord admits that they caused a problem, these statements cannot be used as evidence at VCAT.

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

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

Before the hearing, you should make sure the landlord and VCAT have a copy of any documents or evidence you will use at the hearing. In some situations, the resolution coordinator may help to ensure your documents are ready for the hearing. See more on this page about the types of documents and evidence you might use to support your claim. The VCAT website also has tips on preparing evidence.

The landlord must also make sure you have a copy of any documents or evidence they will use at the hearing. If they present evidence at the hearing that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence.

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.

Protecting your personal information

In some circumstances, it may be necessary to share personal information relating to issues like trauma, family violence or your mental or physical health, or that of another household member. If this applies to you, 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.

If you have any concerns about providing personal information to VCAT after going through RDRV, raise them with the resolution coordinator.

At the hearing, you will need to show VCAT that you suffered loss, damage or significant inconvenience because your landlord (officially called the rental provider) broke the law or the terms in your lease (officially called a rental agreement).

VCAT will look at:

  • The severity of the problem and your losses
  • Who is responsible for the problem
  • What you did to stop things from getting worse
  • What you did to minimise your losses, such as how and when you reported that repairs were needed
  • How soon you raised the problem with the landlord or their agent after it happened
  • What the landlord did to fix things and how quickly they took action
  • Whether the costs you are claiming are too high or unnecessary
  • Whether any damaged or lost belongings you are claiming for were old or already worn out, meaning their value had decreased
  • Whether you are claiming a reasonable amount for something that is difficult to put a dollar value on, like sentimental items or personal documents
  • Whether the landlord has already given you money or any other form of compensation to resolve the issue
  • Whether you refused any fair offers from the landlord to resolve the issue before the VCAT hearing
  • The Consumer Affairs Victoria guidelines on maintenance, cleanliness, damage and fair wear and tear. These are official guidelines that set out how renters and landlords must follow the rental laws. See our page on the Consumer Affairs Victoria guidelines

This is not a full list. VCAT may consider different things depending on the situation.

VCAT usually makes a decision, called an order, on the day of the hearing. At VCAT the person who hears and decides on the case is called a member. The member will give the order verbally on the day and in writing either on the day or soon afterwards. If you don’t understand the order on the day, ask the member to explain it to you again.

If VCAT decides the landlord (officially called the rental provider) has broken the law or the terms in your lease (officially called a rental agreement) and should pay you compensation, the order will say the amount.

If VCAT decides the landlord has not broken the law or the terms in your lease, you will not receive compensation from the landlord, and VCAT will usually ‘dismiss’ the application.

From 29 March 2021, landlords (officially called rental providers) may be listed on a Consumer Affairs Victoria database called the ‘rental non-compliance register’ if they:

  • Are ordered by VCAT to fix a breach, pay compensation or not commit a breach again, or
  • Commit an offence under the Residential Tenancies Act 1997

View Consumer Affairs Victoria’s rental non-compliance register.

You can also find out more on our page about the rental provider database.

Here’s what you can do next

  • Watch our step-by-step video on going to VCAT
  • If you have already tried to resolve the dispute at RDRV, talk to the resolution coordinator about providing documents and evidence for the VCAT hearing
  • Get any further documents and evidence together and make copies for the landlord and VCAT
  • Make notes about what you want to say at the hearing
  • If you need assistance, see the information on this page about getting help

Get help and other resources

If you need support in claiming compensation from a landlord, help is available.

Tenants Victoria services

  • Renter Support Line

    For all Victorian renters.

Other organisations

  • Victoria Legal Aid

    For all Victorians.

  • Federation of Community Legal Centres

    For all Victorians.

  • 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.

  • 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 and other resources to assist you with claiming compensation.

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 claiming compensation from a landlord in private rentals. 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.

The Limitation of Actions Act 1958 also applies to claiming compensation in private rentals: Section 5 – Contracts and torts.