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Claiming compensation

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This information is a guide and should not be used as a substitute for professional legal advice. 

We are currently updating our website to include changes to rental laws that started on 25 November 2025. See our overview of these changes. 

Summary

If the rooming house operator doesn’t follow the rental laws or the terms of your rooming house agreement, you may be able to get compensation.

The first step is to tell them about the problem. If the rooming house operator doesn’t agree you should get compensation, you can apply to Rental Dispute Resolution Victoria (RDRV).

RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at VCAT. However, if you and the rooming house operator cannot reach an agreement at RDRV, you may need to go to a formal hearing at VCAT. If the rooming house operator is being unreasonable, you may get a better outcome at VCAT.

VCAT is similar to a court and hears many disputes in Victoria between renters and rental providers (such as rooming house operators), who must follow its decisions. If VCAT decides you should get compensation, it will make an order requiring the rooming house operator to pay you.

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

If you are still living there, keep paying rent while you seek compensation. If you stop, the rooming house operator could give you a ‘notice to vacate’ for overdue rent.

What is a rooming house?

A rooming house is a building with rooms for rent where 4 or more people can live. The rooming house operator decides who lives at the property and usually has individual agreements with each resident for paying rent. Find out more on our page about rooming houses.

Reasons for claiming compensation

You can claim compensation from the rooming house operator if you can show:

  • You have suffered loss, damage or significant inconvenience, and
  • It was caused by the rooming house operator breaching (not following) their duties under the law or in your rooming house agreement

Common reasons

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

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 Rental Dispute Resolution Victoria (RDRV) to claim 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

You can apply to RDRV any time after you have given the rooming house operator written notice about the problem, but it is usually easier to wait until the repairs have been done, so you can fully calculate your costs.

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 renters and rental providers (such as 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. For more on when and how a rooming house operator can enter your room, see our page about your privacy while renting
  • The rooming house operator moved an extra person into your room without your permission. For more information about sharing rooms, see our page on rooming houses
  • 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 lock that is operated by a key from the outside and can be opened without a key from the inside, unless a legal exception requires a different type of 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
  • All external windows that are capable of opening can be set in an opened or closed position, and can be latched shut with or without a key

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 the latches on your 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 Rental Dispute Resolution Victoria (RDRV) to get the rooming house operator to clean it and pay you compensation for the delay. Or that you will clean it yourself and then apply to RDRV 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

Other reasons

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

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 damages your belongings
  • 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 rooming house operator cannot ask you for more than 14 days rent in advance
  • 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 Rental Dispute Resolution Victoria (RDRV) for a rent reduction.

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

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

If you don’t think a rent reduction will fix the issue, you may prefer to seek compensation and a ‘restraining order’, which is an order from VCAT that tells someone they must do something, or stop doing something. VCAT may make a restraining order requiring the 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, and if you and the rooming house operator cannot reach an agreement at Rental Dispute Resolution Victoria (RDRV), 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.

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

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

Steps for claiming compensation

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

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

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

Work out your costs

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

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

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

Note that Victoria’s rental laws cover renter compensation claims of up to $20,000. For more than that, you will need to claim under the Australian Consumer Law and Fair Trading Act 2012. If you need advice, this page says where you can get help.

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

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

Where:

A = the total number of days 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 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. If there is significant mould, this may be reasonable. However, if it is a small patch of mould and you have continued to use your room for most of the time, a much lower percentage may be more reasonable.

If you are unsure, it is better to claim a higher amount. If the dispute goes to a formal VCAT hearing, 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 tables for the examples listed here.

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

Example: A broken heater

Your heater broke down in winter. You repeatedly asked the 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].

Example: Claiming for multiple issues

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

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

Compensation claim template

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

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].

Here’s what you can do next

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

Tell the rooming house operator you want compensation

You can claim compensation while you are still living at the rooming house or after you have moved out. Either way, you should let the rooming house operator know in writing.

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

If the rooming house operator does not pay you compensation within 3 days of receiving your written request, you can apply to RDRV.

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 should give them an official notice of breach of duty.

You can download the notice from the Consumer Affairs Victoria website: Notice of breach of duty to owner of rooming house.

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

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.

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

In both cases, you should let the rooming house operator know in a letter or email why you want compensation and the amount you want, and that you will apply to Rental Dispute Resolution Victoria (RDRV) if they 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.

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 in case you need to show Rental Dispute Resolution Victoria (RDRV) or VCAT that you gave the rooming house operator written notice of the issue.

If the rooming house operator pays the compensation you have asked for, you don’t need to take any further action.

If the rooming house operator wants to negotiate, we recommend you apply to Rental Dispute Resolution Victoria (RDRV). This gives you the benefit of negotiating with an independent mediator present. You can also get your agreement formalised as a VCAT order so it is enforceable. For more about the process of going through RDRV and what to do if you reach an agreement, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If the rooming house operator does not pay you within the timeframe in your notice or letter, you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.

Find out more about what to do if the rooming house operator does not agree to pay you compensation.

Here’s what you can do next

  • Check if your rooming house operator has breached their duties on our page about rooming houses
  • Download and complete the ‘notice of breach of duty’ form on the Consumer Affairs Victoria website: Notice of breach of duty to owner of rooming house
  • If you have moved out, or want compensation for something that is not a breach of duty, let the rooming house operator know in writing
  • If you need assistance, see the information on this page about getting help

If the rooming house operator does not agree to pay you compensation

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

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

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

You can apply to RDRV online using myRDRV, or you can submit your application by email, by post or in person at an RDRV office.

Once you have applied, you should give the rooming house operator a copy of your application and any documents or evidence you attached to it.

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

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

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

It is important to organise your documents and evidence before discussions with the rooming house operator at Rental Dispute Resolution Victoria (RDRV).

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

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

Your documents and evidence may include:

  • Evidence of the problem – for example, if the claim relates to repairs, include photos or a video of what needed to be repaired as it might help to show how you were affected
  • Details about contact you had with the rooming house operator 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 rooming house operator, or other correspondence you had with them asking for compensation
  • Receipts for your expenses and quotes for future expenses
  • The table you used to calculate your claim, if you used one. See the claim calculation examples and tables on this page
  • Any other evidence you may have to support your claim

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

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

After the resolution coordinator has spoken separately with you and the rooming house operator, they may organise a facilitated discussion through Rental Dispute Resolution Victoria (RDRV), where you can both try to negotiate an agreement.

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

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

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

If you reach an agreement at RDRV

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

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

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

If you do not reach an agreement at RDRV

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

If the dispute goes to a formal hearing at VCAT

When there is a dispute between a renter and a rental provider (such as a rooming house operator), VCAT can make the final decision. It is not a court but its decision must be followed.

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

There may be a VCAT 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 VCAT to consider reimbursing you. For more on VCAT fees, see our page about going to VCAT.

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. This page has information on getting help.

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

Before the VCAT hearing, you and the rooming house operator can continue trying to reach an agreement, even outside of RDRV. If you reach an agreement, you can ask the resolution coordinator to organise for it to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Or you can write a private settlement agreement, which is a contract between yourselves.

Either way, you will not need to attend a hearing. Find out more about what to do if you reach an agreement on our page on going to RDRV (Rental Dispute Resolution Victoria).

VCAT will let you know the time, date and location of the hearing. The hearing may take place in person, by phone (teleconference) or by videoconference.

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

If you need to change the date or format of the hearing

If you cannot attend the hearing, you may be able to change the date. Call VCAT on 1300 018 228 or use VCAT’s application form to change a hearing date.

If you want to request a different format for the hearing – for example, if the hearing is going to be by video but you would prefer to attend by phone – you can call VCAT on 1300 018 228 or email renting@courts.vic.gov.au.

You can also let the resolution coordinator know about any dates you are unavailable or your preferred format for the hearing, or you can note these in your RDRV application. However, it will always be up to VCAT to approve these requests.

If you and the rooming house operator tried to resolve the dispute at Rental Dispute Resolution Victoria (RDRV) before going to VCAT, anything that was said or done at RDRV cannot be used as evidence at VCAT unless everyone agrees in writing. For example, if you admit during an RDRV discussion that the amount you are asking for may be too high, or if the rooming house operator admits they caused a problem, these statements cannot be used as evidence at VCAT.

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

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

The rooming house operator must also make sure you have a copy of any documents or evidence they will use at the hearing. If they present evidence at the hearing that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence. While it may not always be necessary to adjourn the hearing, it can be helpful in more complex disputes.

To prepare for the hearing, get all your evidence together and make a few brief notes outlining what you want to say. Being organised is the key to presenting a good case. For more information on getting ready, see our page about going to VCAT.

Protecting your personal information

In some circumstances, it may be necessary to share personal information relating to issues like trauma, family violence or your mental or physical health, or that of another household member. If this applies to you, you can raise this with VCAT and ask that the information be restricted under the Open Courts Act 2013. This usually means that your personal information will be anonymous and not made public. It will be up to VCAT to decide if this is appropriate.

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

At the hearing, you will need to show VCAT that you suffered loss, damage or significant inconvenience because the rooming house operator broke the law or the terms in your rooming house agreement.

VCAT will look at:

  • The severity of the problem and your losses
  • Who is responsible for the problem
  • What you did to stop things from getting worse
  • What you did to minimise your losses, such as how and when you reported that repairs were needed
  • How soon you raised the problem with the rooming house operator after it happened
  • What the rooming house operator 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 the rooming house operator has already given you money or any other form of compensation to resolve the issue
  • Whether you refused any fair offers from the rooming house operator to resolve the issue before the VCAT hearing
  • The Consumer Affairs Victoria guidelines on maintenance, cleanliness, damage and fair wear and tear. These are official guidelines that set out how renters and rental providers (such as rooming house operators) must follow the rental laws. See our page on the Consumer Affairs Victoria guidelines

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

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

If VCAT decides the rooming house operator has broken the law or the terms in your rooming house agreement and should pay you compensation, the order will say the amount.

If VCAT decides the rooming house operator has not broken the law or the terms in your rooming house agreement, you will not receive compensation from them and VCAT will usually ‘dismiss’ the application.

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

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

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

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

Here’s what you can do next

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

Get help and other resources

If you need support claiming compensation from a rooming house operator, 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

  • Tenancy Assistance and Advocacy Program (TAAP)

    For Victorian renters in private rentals, rooming houses and caravan parks who are in financial hardship or affected by family violence.

  • Housing for the Aged Action Group (HAAG)

    For Victorians aged 50 and older.

  • Victoria Legal Aid

    For all Victorians.

  • Federation of Community Legal Centres

    For all Victorians.

  • Consumer Affairs Victoria

    For all Victorians.

  • Rental Dispute Resolution Victoria (RDRV)

    For all Victorians.

  • Victorian Civil and Administrative Tribunal (VCAT)

    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 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.

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.