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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.

Rental Dispute Resolution Victoria now deals with some rental disputes instead of VCAT. While we update our website see more info at: www.rdrv.vic.gov.au

Summary

If Homes Victoria 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 Homes Victoria about the problem. As part of the Victorian Government, Homes Victoria has an obligation to resolve issues and pay reasonable compensation claims without needing to go to the Victorian Civil and Administrative Tribunal (VCAT). If Homes Victoria doesn’t agree you should get compensation, you can apply to VCAT for an order requiring Homes Victoria to pay you. If VCAT makes the order, Homes Victoria must pay.

VCAT is similar to a court and hears many disputes in Victoria between renters and rental providers (such as Homes Victoria), who must follow its decisions.

As a renter, you can apply to VCAT 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, Homes Victoria could give you a ‘notice to vacate’ for overdue rent.

What is public housing ?

Public housing is a house or apartment you rent from Homes Victoria, which is part of the Victorian Government’s Department of Families, Fairness and Housing (DFFH). Find out more on our page about public housing.

Compensation in a minute

Watch our quick video about your rights and the steps for getting compensation.

Reasons for claiming compensation

You can claim compensation from Homes Victoria if you can show:

  • You have suffered loss, damage or significant inconvenience, and
  • It was caused by Homes Victoria breaching (not following) its 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.

Homes Victoria must maintain your home in good condition and make sure any repairs are done by qualified people.

You must tell Homes Victoria 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 Homes Victoria, it could affect your claim. Find out more about reporting damage on our page on repairs and maintenance.

If Homes Victoria delays or doesn’t do repairs after you have reported a problem, you can claim compensation for your losses. 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 generally prefers to hear cases once the compensation has stopped adding up. You should still let Homes Victoria know that you plan on claiming compensation, and that the longer it delays the repairs, the more you will be able to claim. This may persuade Homes Victoria to do the repairs more quickly.

For more on 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 rental providers (such as Homes Victoria) must follow the rental laws.

Homes Victoria must take all reasonable steps to ensure you have ‘quiet enjoyment’ of your home. This means living there without interference or disturbance from Homes Victoria, or from things that are within its 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:

  • Homes Victoria 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 Homes Victoria 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
  • In limited circumstances, you may claim compensation if Homes Victoria does not control a nuisance within its control, such as not addressing issues with a neighbour who is also renting from Homes Victoria. Note that Tenants Victoria does not advise on neighbour disputes

Homes Victoria 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 Homes Victoria changes a lock, you get a key to the new lock as soon as possible
  • If you change the locks because of family or personal violence, Homes Victoria does not give a copy of the new keys to someone who is no longer on the lease (officially called a rental agreement) or not allowed to enter the property because of an intervention order

If Homes Victoria doesn’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 Homes Victoria 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 Homes Victoria immediately.

Even though Homes Victoria 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, Homes Victoria must replace it with one that meets the minimum standard for efficiency.

If Homes Victoria replaces 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.

Homes Victoria 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. Homes Victoria 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 Homes Victoria 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 Homes Victoria 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 Homes Victoria about what ‘reasonably clean’ means, see our page on the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and rental providers (such as Homes Victoria) must follow the rental laws. They include guidance on what ‘reasonably clean’ means.

Homes Victoria 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 reduced use of your home because someone’s belongings were stored there. This is also loss of quiet enjoyment of your home – see more on this page about loss of quiet enjoyment

Other reasons

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

You can claim compensation from Homes Victoria if it:

  • Takes or wrongfully disposes of your belongings. See more on our page about goods left behind
  • Does not do what it 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
  • Damages your belongings during a visit to your home. Or someone Homes Victoria allows into your home damages your belongings
  • Charges you an excessive or incorrect service fee. Find out more about service fees on our page on utility charges
  • Reduces or takes away services, facilities or other items in your home, such as removing a washing machine that came with the property or closing a communal laundry. If this happens, you can also apply for a rent reduction. See more on this page about rent reductions
  • Increases the rent unlawfully. Find out more on our page about rent increases
  • Refuses to return overpaid rent. See our page about starting a tenancy for how much rent you can be asked to pay in advance
  • Discriminates against you. See more on our page about discrimination
  • Does not give you keys or entry fobs for the property, or enough for all renters on the lease

This is not a full list and compensation decisions may vary depending on the exact situation. If you want advice on claiming compensation, this page says where you can get help.

Rent reductions

If Homes Victoria refuses to drop your rent after reducing or removing services or facilities previously provided as part of your lease, such as closing a communal laundry, 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 Homes Victoria 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 Homes Victoria to reinstate the services or facilities that have been withdrawn. If you want to apply for a restraining order, Tenants Victoria and other organisations can help. See the information on this page about getting help.

In exceptional circumstances, including where other compensation may be inadequate, VCAT may order Homes Victoria 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 Homes Victoria for pain, suffering or injury, contact a personal injury lawyer before applying to VCAT for rental compensation. They are likely to charge a fee. However, many services 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 Homes Victoria must do to keep your rented home in good condition and ensure you can use and enjoy all of it. If Homes Victoria doesn’t follow the rules, you can claim compensation for loss or inconvenience at VCAT.

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 VCAT, 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 VCAT decides it was unnecessary to stay somewhere else or the price was excessive, you may not get all your money back.

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

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 out your daily rent using the Consumer Affairs Victoria rent calculator.

If you pay ‘rebated rent’, which means your rent is based on your income and may change over the year, you will need to calculate how much rent you paid during the time you experienced the loss. Compensation claims are generally based on your actual loss. You can find out more about rebated rent on our page about public housing.

You can make a written request to Homes Victoria for your ‘rental ledger’, which is a record of the amount of rent you have paid and when you paid it.

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 2-bedroom home and couldn’t use one of the bedrooms because of a leaking roof, but all the other parts of the house were okay, claiming a loss of 85% of your daily rent for the time you were affected would be unreasonable as you didn’t lose the use of 85% of your home.

However, if you couldn’t use both bedrooms and had to move furniture from those rooms into other rooms and sleep in the lounge, claiming 85% may be reasonable.

If you are unsure, it is better to claim a higher amount. VCAT can reduce your claim but will not increase it if it is too low. Always make sure your claim is reasonable, and that you can justify the amount you are seeking.

If you pay rebated rent, your compensation may be lower than if you pay ‘market rent’, which is the amount you would pay if you were renting from a private landlord. While compensation is generally based on your actual loss, in some cases you may wish to seek additional compensation to reflect the inconvenience you have experienced. VCAT will decide if this is appropriate based on the circumstances.

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 Homes Victoria about the issue. Make copies of these and keep them safe as you will need them if you apply to VCAT for compensation.

Example: A broken heater

Your heater broke down in winter. You repeatedly asked Homes Victoria 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, Homes Victoria 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].

Here’s what you can do next

  • 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 30 KB]
  • If you need assistance, see the information on this page about getting help

Tell Homes Victoria 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 Homes Victoria know in writing.

If you are still living there, you may need to give Homes Victoria an official ‘notice of breach of duty’ before you can apply to VCAT for compensation.

If you are still living at the property and want compensation because Homes Victoria breached its duty under the rental laws (for example, failed to repair something), you need to give it 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 Homes Victoria’s duties, see our page about public housing.

If you are unsure whether Homes Victoria has breached its 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 Homes Victoria and says it must not commit a similar breach again. It also tells Homes Victoria that if it does not comply, you may go to VCAT.

When filling out the notice, you must include:

  • The address of your rented home
  • The names of all the renters on the lease (officially called the rental agreement)
  • Homes Victoria’s contact details
  • 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 Homes Victoria has breached its 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 Homes Victoria’s breach of duty. Give as much detail as possible
  • What you want Homes Victoria to do: You can ask Homes Victoria to fix the problem and/or pay you compensation. If you want Homes Victoria to fix the problem, say what you want it 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 Homes Victoria for something that is not a breach of its duty under the rental laws, you do not need to give a notice of breach of duty. For example, if Homes Victoria doesn’t provide gardening, when it said it would in your lease (officially called a rental agreement), you do not need to give a breach of duty notice.

You can still let Homes Victoria know in writing why you want compensation and the amount you want, and that you will apply to VCAT if it does not pay you within a timeframe you think is reasonable.

If you are unsure whether Homes Victoria has breached its duty, this page says where you can get help.

If you move out before you make a claim, you do not need to give Homes Victoria 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 Homes Victoria a letter or email first. Include the reasons why you want compensation and the amount you want, and say you will apply to VCAT if Homes Victoria does not 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 Homes Victoria. 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 Homes Victoria received it. Keep your receipt and tracking number
  • Emailing it to your local Homes Victoria office. We recommend calling the office and confirming the email has been received

Make sure you keep your own copies safe as you will need them if you apply to VCAT for compensation.

As part of the Victorian Government, Homes Victoria is required to resolve issues and pay reasonable compensation claims without needing to go to VCAT.

If Homes Victoria pays the compensation you have asked for, you don’t need to take any further action.

If Homes Victoria wants 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 Homes Victoria will pay
  • The date by which Homes Victoria will pay
  • What will happen if Homes Victoria doesn’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 Homes Victoria has paid the agreed amount in full

If you applied to VCAT before you came to an agreement with Homes Victoria, 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 Homes Victoria must pay you.

Homes Victoria ‘settlement agreements’

If Homes Victoria offers you compensation, it may ask you to sign a ‘settlement agreement’ (sometimes called a ‘deed of release’). This means you agree that the issue is settled, and you cannot take any further legal action about it. The issue could just be related to your application for compensation, such as for delayed repairs, or it could be broader, including distress or injury.

Homes Victoria may also include a condition that you cannot talk to anyone about the issue or the amount of compensation you received. This is called a non-disclosure agreement (NDA).

It is very important to get legal advice before signing any settlement agreement, especially if it includes:

  • Things outside of your original compensation claim
  • A condition that stops you from speaking about it (non-disclosure agreement)

For example, if you asked for damaged floorboards to be repaired, then later were injured because you fell through them, Homes Victoria might offer you $7500 to settle your claim for compensation for not fixing the floorboards and your claim for compensation for the injury. They may also require you not to tell anyone about the incident or the payment, unless legally required.

If you want to accept the money but don’t want to be stopped from sharing your story, you should get legal advice from a lawyer before agreeing.

This page has information on how to get help.

For more on how Homes Victoria is required to quickly settle reasonable claims:

If Homes Victoria does not pay you, or reach an agreement with you, within the time frame in your notice or letter, you can apply to VCAT for compensation.

Here’s what you can do next

Apply to VCAT for your compensation

If Homes Victoria doesn’t pay you compensation by the time you gave in your notice of breach of duty, or by the time you requested compensation if your claim isn’t about a breach of duty, you can apply to VCAT for an order that says Homes Victoria must pay you.

There may be an application fee, but you are likely to be eligible for a fee waiver, which means you won’t have to pay it. If you are required to pay a fee, you can ask for it to be reimbursed in the application. See more on our website about VCAT fees and costs.

You will need to show VCAT that you suffered loss, damage or significant inconvenience because Homes Victoria broke the law or the terms in your lease.

You can apply to VCAT 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.

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.

Follow these steps to apply to VCAT. You can also watch our step-by-step video on going to VCAT

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 Homes Victoria 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 to Homes Victoria, or if the claim is not related to a breach of duty, other correspondence you had with Homes Victoria 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 Homes Victoria showing you have asked to be reimbursed. Read more on our page about repairs and maintenance
  • Section 210AA – enter this if you are claiming compensation for discrimination
  • 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 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 Homes Victoria is at fault
  • Section 46 – enter this if you want a rent reduction and/or compensation because Homes Victoria 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 Homes Victoria or details about Homes Victoria not following the law or the lease
  • Your contact with Homes Victoria about the breach of duty or, if your claim is not related to a breach of duty, your contact with Homes Victoria 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 Homes Victoria, a record of your communication with Homes Victoria, 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
  • Homes Victoria
  • 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 Homes Victoria. This is called ‘service’. You need to give (serve) the copy to Homes Victoria 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 Homes Victoria.

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 Homes Victoria received it. Keep your receipt and tracking number
  • Emailing it to your local Homes Victoria office. We recommend calling to confirm 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.

Here’s what you can do next

  • Get your evidence together
  • Apply to VCAT and give a copy to Homes Victoria
  • Watch our step-by-step video on going to VCAT and start preparing for the hearing
  • If you need assistance, see the information on this page about getting help

What happens at the hearing

When there is a dispute between a renter and a rental provider (such as Homes Victoria), VCAT can make the final decision. It is not a court but its decision has to be followed.

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. If you need assistance, this page has information on how to get help.

If you make a compensation claim, VCAT will look at things like:

  • 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 Homes Victoria after it happened
  • What Homes Victoria did to fix things
  • 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 Homes Victoria has already given you money or any other form of compensation to resolve the issue
  • Whether you refused any fair offers from Homes Victoria to resolve the issue before the VCAT hearing
  • The renter and rental provider duties in the Consumer Affairs Victoria guidelines on maintenance, cleanliness, damage and fair wear and tear. See our page on the Consumer Affairs Victoria guidelines

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

After hearing your application and Homes Victoria’s side of the story, VCAT will a final decision in writing called an ‘order’.

If VCAT decides Homes Victoria has broken the law or the terms in your lease and should pay you compensation, the order will say the amount.

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

Complaints about compensation

If you are unhappy with the way Homes Victoria behaved while you sought compensation, you can make a complaint to:

  • Homes Victoria
  • The Victorian Ombudsman
  • The Victorian Attorney-General

For more on how to make a complaint, see our page about public housing.

For information on how Homes Victoria is required to behave when involved in legal proceedings, see the Victorian Government’s Victorian Model Litigant Guidelines.

Rental provider database

From 29 March 2021, rental providers (such as Homes Victoria) 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.

Get help and other resources

If you need support in claiming compensation from Homes Victoria, help is available.

Tenants Victoria services

  • Social Housing and Rooming House Priority Line

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

Other organisations

  • Victorian Public Tenants Association

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

  • Tenancy Plus

    For Victorian renters in public and community housing.

  • Victoria Legal Aid

    For all Victorians.

  • Federation of Community Legal Centres

    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 rental providers (such as Homes Victoria) in numbered sections.

The sections in this list relate to claiming compensation from Homes Victoria. 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.

Homes Victoria policies

Homes Victoria also has policies (rules) that set out its obligations to assess issues and communicate respectfully with you to try to resolve them. It must follow these policies.

These Homes Victoria manuals contain staff guidelines for dealing with compensation claims:

If you wish to make a complaint about Homes Victoria, see our page on public housing.

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