Claiming compensation

The rooming house operator must maintain your room and the rooming house 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 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 rooming house operator, it could affect your claim. Find out more about reporting damage on our page on repairs and maintenance.

If the rooming house operator 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 rooming house didn’t meet the minimum standards for heating under the law
• 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
• A reduction in rent for when you couldn’t use your room or other parts of the rooming house because a leak made them unsafe or because tradespeople were working in them
• The cost of somewhere else to stay if the issues were serious enough that everyone agreed it wasn’t safe to stay at the rooming house until repairs were done
• If you have a room to yourself with a separate electricity meter, the cost of a bigger electricity bill due to heaters or fans being used to dry out carpet after a roof leak, or due to 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 rooming house operator 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.

The Consumer Affairs Victoria website has the full list of minimum standards for rooming houses. The rooming house operator must make sure the rooming house complies with these minimum standards.

For more on rooming house operator and resident 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 residents and rooming house operators must follow the rental laws.

The rooming house operator must take all reasonable steps to ensure you have ‘quiet enjoyment’ of your room and the rooming house. This means living there without interference or disturbance from the rooming house operator, 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 rooming house operator didn’t follow the rental laws about entering your room, such as entering without giving you enough warning, a written notice or a proper reason under the law, or sending a tradesperson to work in your room without notice.
• The rooming house operator moved an extra person into your room without your permission. For more information, see our page about sharing rooms
• Another resident did not respect your privacy or your peace and quiet, and the rooming house operator did nothing to fix the situation
• You couldn’t enjoy your room or the rooming house because of repair issues, such as a roof leak not fixed, rooms being unsafe because repairs aren’t done, or tradespeople working in rooms
• You couldn’t enjoy your room because it wasn’t reasonably clean, or wasn’t vacant, on the day you moved in
• You couldn’t get into the rooming house or your room because the rooming house operator changed the locks or illegally evicted you

The rooming house operator 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 a rooming house 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 room because the rooming house operator changed the lock but didn’t give you a new key
• The rooming house was broken into and your belongings were damaged or stolen because the locks on your door or windows weren’t working properly

Faulty locks

Faulty locks are considered an urgent repair under the law. Report this to the rooming house operator immediately.

Even though the rooming house operator is at fault for not providing working locks, it might affect your claim for compensation if you do not act quickly to protect yourself and your belongings.

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

The rooming house operator must make sure your room 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 rooming house operator should credit you for rent you have paid until the room 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 room is not reasonably clean you should let the rooming house operator 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 rooming house operator cleans the room and pays you compensation for the delay. Or you could say that if the room 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 room.

If you disagree with the rooming house operator 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 rooming house operators) must follow the rental laws. They include guidance on what ‘reasonably clean’ means.

The rooming house operator must make sure your room 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 to the rooming house operator until the room was vacant and you could move in
• The reasonable cost of staying somewhere else until the room became vacant
• Any loss of the use of your room 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

You can claim compensation from the rooming house operator if they:

• Illegally evict you – if the rooming house operator 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 give you 24-hour access to your room or to the toilet or bathroom, or access to other facilities in the rooming house during reasonable hours
• Do not do what they promised in your rooming house agreement, such as providing a parking space or installing a heater or air conditioner in your room
• Damage your belongings during a visit to your room. Or someone they allow into your room does
• Charge you for water, electricity or gas when there is no separate meter in your room
• Reduce or take away services, facilities or other items in your home, such as closing a communal laundry. 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. The most you can be asked to pay in advance is 14 days rent
• Refuse to return a holding deposit you paid to hold the room 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 rooming house or your room

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 rooming house operator refuses to drop your rent after an extra person moves into your room or after reducing or removing services or facilities previously provided as part of your rooming house agreement, 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 the rooming house operator 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 rooming house operator to reinstate the services or facilities they have 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 the rooming house operator 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 your door being 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 the rooming house operator knew about the issue and you were unable to enjoy your home properly

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 in your room 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.

If you pay weekly rent, simply divide it by 7 to get the daily amount. Or if you pay fortnightly rent, divide it by 14.

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 your room has mould in it, you may decide to claim a loss of 70% of your daily rent. VCAT’s decision about whether this is reasonable will depend on the severity of the mould. If there is significant mould, VCAT may agree with you. However, if it is a small patch of mould and you have continued to use your room for most of the time, VCAT may decide on a much lower percentage.

Another example is if the rooming house doesn’t the meet minimum standards required by law because there is no washing machine. You may decide to claim 10% of your daily rent for the lack of a washing machine. VCAT may disagree with you and award 5%. However, if you have to travel a long way to do your washing and it is clear the rooming house operator is ignoring their legal obligations, VCAT may consider 10% 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.

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 the table for the example 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 rooming house operator 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 the rooming house operator to fix it, but that took 2 months. You had to buy a portable heater and an electric blanket to keep warm. Your room has a separate electricity meter and your electricity bill was higher this winter than last winter.

By not fixing the heater for 2 months, the rooming house operator 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 31 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 33 KB].

Compensation claim template

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

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

Download the table template: Calculating your compensation claim [Word 30 KB].

If you are still living at the rooming house and want compensation because the rooming house operator 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 owner of rooming house.

For more on rooming house operator duties, see our page about duties and breaches.

If you are unsure whether the rooming house operator 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 the rooming house operator and tells them they must not commit a similar breach again. It also says if they don’t comply, you may go to VCAT.

When filling out the notice, you must include:

• The address of the rooming house
• Your name and the names of any other residents giving the notice
• The rooming house operator’s name and 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 the rooming house operator has breached their duty: The ‘Information for the resident’ 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 rooming house operator’s breach. Give as much detail as possible
• What you want the rooming house operator to do: You can ask the rooming house operator 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 give a timeframe for these things to be done, such as 3 days.
• 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

If you are still living at the rooming house and want compensation from the rooming house operator for something that is not a breach of their duty under the rental laws, you don’t need to give them a notice of breach of duty. For example, if the rooming house operator doesn’t provide laundry facilities, when they said they would in your rooming house agreement, you don’t need to give them a breach of duty notice.

You can still let the rooming house operator know in writing why you want compensation and the amount you want, and that you will apply to VCAT if they don’t pay you within a timeframe you think is reasonable, such as 3 days.

If you are unsure whether the rooming house operator has breached their duty, this page says where you can get help.

If you move out before you make a compensation claim, you don’t need to give the rooming house operator 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 rooming house operator 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 3 days.

As soon as possible, give the rooming house operator a copy of the notice or letter and copies of any evidence you have. 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 rooming house agreement saying the rooming house operator 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 rooming house operator 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 rooming house operator will pay
• The date by which they will pay
• What will happen if they do not 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 rooming house operator, you could still go ahead with your application and ask VCAT at the hearing to make an order matching your agreement. That means you will have a legally binding order for the compensation the rooming house operator must pay you.

If you don’t feel comfortable negotiating an agreement with the rooming house operator, or are unsure about an agreement they want you to sign, support is available. Find out more on this page about getting help.

If the rooming house operator 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.

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 rooming house operator about the problem, such as conversations, 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 rooming house operator, 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
• Details about how you calculated your claim
• 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 rooming house operator 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 210A – enter this if the rooming house operator has increased the number of occupants in your room without your consent or in breach of Victoria’s rental law
• 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 rental provider is at fault
• Section 106 – enter this if you want a rent reduction and/or compensation because the rooming house operator reduced or removed services or facilities previously provided as part of your rooming house 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 residency – when your rooming house agreement started and how much rent you pay
• The breach of duty by the rooming house operator or details about them not following the law or the rooming house agreement
• Your contact with the rooming house operator 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 rooming house operator, a record of your communication with the rooming house operator, details on how you worked out the claim amount, 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 rooming house operator
• Any other resident also on the claim, if you are making a joint claim
• 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 rooming house operator. 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 rooming house operator.

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 rooming house agreement saying the rooming house operator 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 rooming house operator, 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 rental providers (such as rooming house operators) in numbered sections.

The sections in this list relate to claiming compensation from a rooming house operator. Click on a link to see the section in the Act.

• Section 92 – Residency right
• Section 92A – Exclusive occupancy right
• Section 92B – Share room right
• Section 92C – Notice to resident of residency right
• Section 94 – Power to enter agreements other than fixed-term rooming house agreements
• Section 94A – Harsh and unconscionable terms
• Section 94AB – Additional terms for fixed-term rooming house agreements
• Section 94ABA – Offence to include prohibited term in fixed-term rooming house agreement
• Section 94AC – Invalid terms
• Section 94AD – Prohibited terms – general
• Section 94AE – Prescribed terms – professional cleaning
• Section 94B – Consent required for increase in room capacity
• Section 94C – Notice of increase in room capacity
• Section 94D – Consent of resident to increased room capacity
• Section 94E – Occupancy application forms must include prescribed information
• Section 94F – Rooming house operator must not unlawfully discriminate against another person by refusing occupancy
• Section 94G – Restriction on use of personal information provided by prospective residents
• Section 94H – Rooming house operator must not request prescribed information from applicants
• Section 94I – Information that rooming house operators must disclose before occupancy commences
• Section 99 – Limit on rent in advance
• Section 99A – Rent payment
• Section 106 – Rent must be reduced if services are reduced
• Section 106A – Rent must be reduced if room capacity increased
• Section 107 – Resident’s goods not to be taken for rent
• Section 108 – Separately metered rooms
• Section 110 – Resident’s use of room
• Section 113 – Quiet enjoyment – resident’s duty
• Section 120AA – Rooming house operator’s liability for excessive usage caused by faults
• Section 120 – Rooming house operator must keep room and house in good repair
• Section 120A – Rooming house operator must comply with rooming house standards
• Section 121 – Rooming house operator must provide access
• Section 122 – Quiet enjoyment – rooming house operator’s duty
• Section 123 – Security
• Section 124 – Provision and display of statement of rights and house rules
• Section 125 – Rooming house operator to give additional information
• Section 127 – Duties relating to house rules
• 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 210A – Application to VCAT by resident for compensation
• 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 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 Residential Tenancies (Rooming House Standards) Regulations 2023 set out the privacy, safety, security and amenity standards in rooming houses.

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