Claiming compensation

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 VCAT to claim for 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

It can be a good idea to wait until the repairs have been done before you apply to VCAT as VCAT will not always decide cases where the compensation is still adding up. But you could let the landlord or agent know that you plan on claiming compensation, and that the longer they delay the repairs, the more you will be able to claim. This may persuade them to do the repairs more quickly.

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 certain time, you will apply to VCAT for an order that the landlord cleans the property and pays you compensation for the delay. Or you could say that if the property is not cleaned within a certain time, you will clean it yourself and then apply to VCAT for compensation for your time, cleaning products and inconvenience.

Take before-and-after photos of any cleaning, log your time and activities, and keep receipts for any cleaning products or services you needed to clean the property.

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

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 VCAT 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 VCAT for an order that your rent be reduced. You must apply to VCAT within 30 days of receiving the report from Consumer Affairs Victoria.

You can follow the same process as applying to VCAT for compensation. You can also apply for a rent reduction at the same time as applying for compensation. Make sure you include a copy of the Consumer Affairs Victoria report with your VCAT application.

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, including where other compensation may be inadequate, VCAT may order the 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.

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 to VCAT 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.

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 29 KB].

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 31 KB].

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 30 KB].

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 need to 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 landlord (rental provider) breaches.

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 the 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 80 KB].

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.

You can still let your landlord know in writing why you want compensation and the amount you want, and that you will apply to VCAT if they don’t 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.

If you move out before you make a claim, you don’t need to give the landlord (officially called the rental provider) a notice of breach of duty. You can apply straight to VCAT.

If you want to avoid going to VCAT, and paying the VCAT application fee, you could try sending the landlord a letter or email first. Include the reasons why you want compensation and the amount you want, and tell them you will apply to VCAT if they don’t pay the compensation within a set timeframe, such as 14 days.

As soon as possible, give a copy of the notice or letter and copies of any evidence you have to the 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 as you will need them if you apply to VCAT for compensation.

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

If they want to negotiate instead of going to VCAT, and you reach an agreement, make sure you put it in writing. This includes:

• The date of the agreement
• What was agreed – what the compensation is for and the amount the landlord will pay
• The date by which they will pay
• What will happen if they don’t pay you by the due date – for example, you will apply to VCAT for compensation, or if you have already applied, you will not withdraw the application until they have paid the agreed amount in full

If you applied to VCAT before you came to an agreement with the landlord, you could still go ahead with your application and ask VCAT at the hearing to make orders matching your agreement. That means you will have a legally binding order for the compensation the landlord must pay you.

If the landlord (officially called the rental provider) does not pay you, or reach an agreement with you, within the timeframe in your notice or letter, you can apply to VCAT for compensation.

Collect evidence to support your application. This may include:

• Evidence of the problem – for example, if the claim relates to repairs, you could 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 (officially called the rental provider) 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 if the claim is not related to a breach of duty, 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

The VCAT website has more information on preparing evidence.

You must use VCAT’s general application form.

You can complete the form online or download a PDF and fill it in electronically or print it and complete it by hand. If you want a hard copy form posted to you, call VCAT on 1300 018 228.

What orders do you want VCAT to make?

When you get to the part of the form that asks, ‘What orders do you want VCAT to make?’, you need to enter into the box the section of the law that relates to your claim. For example:

• Section 209 – enter this if you still live at the property and want compensation for a breach of duty. You will need to provide a copy of the notice of breach of duty with your application
• Section 209AAB – enter this if you want to be reimbursed for the cost of urgent repairs. You will need to provide a copy of your written notice or correspondence with the landlord (officially called the rental provider) showing you have asked to be reimbursed. Read more on our page about repairs and maintenance
• Section 210 – enter this if your claim is not for a breach of duty, or if it is for a breach of duty but you no longer live at the property. If you moved out before making this claim, you are not required to give a notice of breach of duty before applying to VCAT
• Section 210AA – enter this if you are claiming compensation for discrimination
• Section 452 – enter this if you are not sure which section of the law relates to your situation. Give as much information as you can about why you are making a claim and how the landlord is at fault
• Section 46 – enter this if you want a rent reduction and/or compensation because the landlord reduced or removed services or facilities previously provided as part of your lease (officially called a rental agreement). You will need to provide a copy of your Consumer Affairs Victoria rent assessment report. Read more on rent reductions in the information on this page about other reasons you can claim compensation

Provide more details about your claim

Under ‘Provide more details about your claim’, include details about:

• Your tenancy – when your lease started and how much rent you pay
• The breach of duty by the landlord or details about them not following the law or the lease
• Your contact with the landlord about the breach of duty or, if your claim is not related to a breach of duty, your contact with them asking for compensation
• Your losses (costs), damage and inconvenience as a result of the breach
• The amount of your claim and how you worked out that amount
• Any attachments and evidence you will provide to support your claim – for example, evidence of the breach, the notice of breach of duty you gave to the landlord, a record of your communication with the landlord or agent, the table you used to work out how much to claim and your receipts or quotes

If you need more space for details, you can use separate pages and attach them to the application.

If you are applying online and can’t attach all your evidence to the online application, you can email it to VCAT at renting@vcat.vic.gov.au. If the files are large, you may need to send more than one email. The VCAT website has more information about how to send and access evidence in a residential tenancy case.

In any emails to VCAT, make sure you include your VCAT reference number (which VCAT will send you when you submit the application).

Make copies of your completed application form and your evidence, so you have a set for:

• VCAT
• The landlord (officially called the rental provider) or their agent
• Yourself

You can copy, scan or take photos of your completed application form and evidence, but make sure everything is clear enough to read.

Keep your own copy safe as you will need it at the hearing.

If you don’t submit the application online (see step 2), you will need to give VCAT your application form and copies of the evidence.

You can do this in person, by email or by post. The addresses are on the form.

If you take your application to VCAT in person, write down the date, time and name of the person you handed it to.

If you send it by post, keep your receipt and tracking number.

You must also give a copy of your application and supporting documents to the landlord (officially called the rental provider) or their agent. This is called ‘service’. You need to give (serve) the copy to them within 7 days of giving it to VCAT, or immediately if your application is urgent.

At the hearing, VCAT may ask for proof that you have served the application to the landlord or agent.

You can serve the application and evidence by:

• Delivering it in person. Be sure to keep a note of the date, time and name of the person you handed it to
• 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

VCAT will send you a ‘notice of hearing’, letting you know when and where the hearing will take place and what you need to bring.

If you don’t hear from VCAT after a few days, call them on 1300 018 228 to find out if they have set a hearing date.

You will need to bring your copy of the application form and evidence to the hearing.

For information and tips on how to prepare for the hearing, see our page on dealing with VCAT.

VCAT also has information to help you prepare for the hearing.

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

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.

• Section 26 – Rental agreements to be in standard form
• Section 30A – Discrimination
• Section 30E – Misleading and deceptive conducting inducing a person to enter a rental agreement
• Section 39 – Accrual of rent
• Section 44 – Rent increases
• Section 46 – Application to VCAT about excessive rent
• Section 49 – Renter’s goods cannot be taken for rent
• Section 50 – Applications and holding deposits
• Section 53 – Rental provider’s liability for utility charges
• Section 62 – Renter must notify rental provider of damage
• Section 65 – Vacant and clean
• Section 65A – Rental minimum standards
• Section 67 – Quiet enjoyment
• Section 68 – Repairs
• Section 68A – Safety-related repairs and maintenance
• Section 68B -Rental provider must keep and produce records of gas and electrical safety checks
• Section 69 – replacement appliance must meet efficiency ratings
• Section 70 – Locks and keys
• Section 70A – Locks for a property the subject of an intervention order
• Section 70B – Locks for a property where a termination or creation order has been made
• Section 72 – Urgent repairs
• Section 72AA – Renter must report damage and breakdown of facilities to rental provider
• Section 90 – what if damage is caused during entry?
• Section 91P – Offence to obtain possession etc. of premises
• Section 208 – Breach of duty notice
• Section 209 – Application for compensation or compliance order for breach of duty
• Section 209AA – Application for compensation of compliance order for breach of prescribed standard form rental agreement
• Section 209AAB – Application for compensation for cost of urgent repairs
• Section 210 – Application to VCAT for compensation on other grounds
• Section 210AA – Application to VCAT for compensation order for discrimination
• Section 211 – Matters which may be considered by VCAT
• Section 212 – Order of VCAT
• Section 392 – Renter may request proceeds of sale of goods
• Section 396 – What if goods or documents are disposed of in contravention of the RTA?
• Section 397 – What if goods or documents are wrongfully retained?
• Section 398 – What if goods or documents are damaged or lost?
• Section 439P – Rental Non-compliance Register
• Section 447 – Limits of jurisdiction of VCAT
• Section 452 – General applications to VCAT

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.