Disputing bond and compensation claims

Homes Victoria can only claim costs for damage if you or a visitor damage your home or common areas either intentionally or through negligence.

If damage is due to fair wear and tear from normal use, it is not your responsibility. For example, if the carpet has become worn over time by people walking on it, this is fair wear and tear. If Homes Victoria wants to replace anything that has worn out, it has to cover the cost.

You also don’t have to pay for damage caused before you moved in or after you moved out and returned the keys. You can use condition reports, photos and witness statements as evidence of what the property was like when you moved in and when you moved out.

For more on the difference between damage and fair wear and tear, see our page on the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and rental providers (like Homes Victoria) must follow the rental laws.

Amount claimed for damage

If you agree you caused damage but think the amount Homes Victoria is claiming is too high, get evidence to show this. For example, if Homes Victoria wants to repair or replace something, get your own quotes from shops or tradespeople to show that the claim is for too much.

Homes Victoria’s claim must be in proportion to the damage caused. For example, it cannot claim for the cost of repainting the entire house if paintwork is damaged in just one room.

Homes Victoria’s claim must also allow for ‘depreciation’, which means the older something gets, the less it is worth. The Australian Taxation Office (ATO) has a rental properties depreciation guide with information on depreciation over time, including a table of common household items. VCAT uses this guide when looking at claims.

For example, carpets installed before 1 July 2019 have a life span of 10 years, meaning they decline in value by 10% every year. If your loungeroom carpet was installed 7 years ago at a cost of $1000, and Homes Victoria wants you to replace it, you would only be responsible for $300, which is the remaining 3 years of value left in the carpet. If the carpet is more than 10 years old, the value is zero.

Homes Victoria must make sure your rented property is reasonably clean on the day you move in. You are then expected to keep it reasonably clean.

When you move out, you should leave the property in the same condition as when you moved in. Homes Victoria cannot ask you to leave it cleaner than when you moved in.

You are not responsible for fair wear and tear, like traffic marks on the carpet. If Homes Victoria wants these removed, it has to pay for the cleaning work.

If Homes Victoria assesses that a ‘heavy clean’ is needed before the next person moves in, it may make a maintenance claim against you. A heavy clean means scrubbing to remove heavy buildups of grime, stains, grease, dirt, marks and dust from floors (including carpets), surfaces and fittings.

It is a good idea to take photos when you move in and when you move out, so you have evidence of the condition of the property. Also look at the condition report from when you moved in and when you moved out.

For more on cleanliness, including 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 (like Homes Victoria) must follow the rental laws.

Professional cleaning

If Homes Victoria insists you use professional cleaners or get the carpets steam cleaned, you don’t necessarily have to, even if your lease (officially called a rental agreement) says so.

Some leases dated after 29 March 2021 include a term about professional cleaning, or cleaning to a professional standard. This only applies if:

• The property was professionally cleaned, or cleaned to a professional standard, immediately before you moved in, and Homes Victoria told you this had been done, or
• Professional cleaning, or cleaning to a professional standard, is needed to restore the property to the same condition as when you moved in, taking into account fair wear and tear

If your lease says anything else about professional cleaning, like having to get the carpets steam cleaned, you can argue that this is not valid under the law. The law says you must leave the property reasonably clean, and you cannot be asked to do more than the law requires. Find out more about what can be included in leases on our page about rental agreements (leases).

Amount claimed for cleaning

If you agree that you didn’t do all the cleaning you should have done, but think Homes Victoria is claiming too much to get it done professionally, get evidence to show this. For example, contact cleaning companies to see how their rates compare to what Homes Victoria is claiming.

Homes Victoria has policies (rules) about exemptions to maintenance claims. Homes Victoria should not make a maintenance claim against you if:

• The repairs are considered fair wear and tear. For more about fair wear and tear, see our page on the Consumer Affairs Victoria guidelines
• The damage was caused by an accident or actions that could not be reasonably prevented – for example, you (or a member of your household) have a disability or mental health condition or are experiencing family violence
• Previous repairs completed by Homes Victoria did not meet the required standards
• The damage was caused by someone else’s criminal actions, and it was beyond your control to stop it happening
• The damage was the result of police intervention at the property
• The damage was caused by natural disasters, such as storms or floods
• The property is vacant and it is not clear who is responsible for the damage

Homes Victoria will also consider your individual and household’s circumstances. Some circumstances may reduce the amount you are asked to pay or may mean a maintenance claim is not made at all. These circumstances include:

• Family violence – for example, you had to leave the property at short notice because of family violence and were unable to clean before you left or take all of your belongings
• Disability or health conditions – for example, you have a physical disability that made it difficult for you to scrub the bathroom, or your wheelchair damaged the floor
• Mental health conditions – for example, you had an acute psychotic episode during which you damaged the property
• Children with a disability such as difficulty with mobility or emotional regulation

In these circumstances, Homes Victoria may meet with you to develop a plan to minimise the risk of damage or uncleanliness happening again. If you end up going to Rental Dispute Resolution Victoria (RDRV) or VCAT, you can also raise these circumstances then.

If you report that repairs are needed or there is damage to your home, Homes Victoria will visit to inspect the property. It is important that you let Homes Victoria know about repairs or damage as soon as possible, especially if not fixing the issue could make it worse.

Homes Victoria may also identify damage or other maintenance issues during a routine inspection or when inspecting the property after you have moved out.

Homes Victoria will discuss the damage or other maintenance issues with you and you can explain how they happened. If needed, you can back up your explanation with statements from support workers, medical practitioners, witnesses, the police and others.

If Homes Victoria decides you are responsible for the damage or maintenance issues, and exemptions do not apply, it may send you a:

• Notice of repairs
• Notice of cost of repairs
• Notice of breach of duty

Notice of repairs

Homes Victoria will send a notice of repairs to you by regular mail (and if possible by email). This notice says:

• What damage was caused intentionally or negligently
• That if you don’t arrange for the repairs to be done within 14 days, Homes Victoria will arrange for them to be done
• That you may be liable for the reasonable cost of the repairs

If you disagree that you caused the damage, it may be best to allow the repairs to be done and wait for Homes Victoria to apply to Rental Dispute Resolution Victoria (RDRV).

You can also talk to Homes Victoria to see if you can reach an agreement that is acceptable to you.

If you cannot reach an agreement and Homes Victoria applies to RDRV, you will be able to have your say at RDRV. Find out more on this page about next steps if Homes Victoria applies to RDRV.

If you have moved out, you will receive a ‘notice of repairs letter’ instead of a notice of repairs. The letter will say what damage Homes Victoria believes you are responsible for and will ask for your response.

Notice of cost of repairs

Homes Victoria will send a notice of cost of repairs to you by registered post (and if possible, by email). This is sent regardless of whether you are living at the property or have moved out. The notice says:

• When the repairs were done and how much they cost
• That Homes Victoria will be arranging a negotiation meeting with you
• If you don’t want to negotiate, Homes Victoria may apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute

Homes Victoria will attach to this notice:

• Photos of any damage
• A copy of the exit condition report, if you have moved out
• A copy of the notice of repair sent to you, or the notice of repair letter if you have moved out
• An ‘acceptance of liability form’ for your consideration

Do not sign the acceptance of liability form if you do not think you are responsible for the damage, if you believe the amount of the claim is unreasonable, or if you think an exemption applies. Find out more on this page about exemptions to Homes Victoria maintenance claims.

Notice of breach of duty

Instead of sending you a notice of repairs or a notice of cost or repairs, Homes Victoria may send you a notice of breach of duty if you are still living at the property and have breached your duties relating to cleanliness and damage. This includes:

• Causing damage
• Not keeping the property reasonably clean
• Installing a fixture without permission from Homes Victoria – where permission is required

If you receive this notice, see our page on renter breaches.

After sending you a notice, Homes Victoria should contact you to arrange a negotiation meeting. This may be face-to-face or by phone. The meeting is to discuss whether you accept responsibility for the damage, and the next steps if you do accept responsibility, or if you don’t.

You can get someone to speak on your behalf at the negotiation meeting. See the information on this page about getting help.

At the meeting, you should check that Homes Victoria has taken into account the age and condition of the damaged item and applied depreciation to the costs it is claiming.

Homes Victoria also has policies that outline exemptions to maintenance claims. You can discuss your individual and household’s circumstances at the meeting if you think there should be an exemption. Find out more on this page about exemptions to Homes Victoria maintenance claims.

If Homes Victoria does not contact you for a negotiation meeting, or if you do not want to go to a negotiation meeting, and you do not agree you are responsible for costs, you can wait until Homes Victoria applies to Rental Dispute Resolution Victoria (RDRV) and have your say there. Find out more on this page about next steps if you do not agree you are responsible for costs.

You do not need to agree to pay just because Homes Victoria wants you to.

If you accept that you are responsible for damage or cleaning costs and agree on the amount with Homes Victoria, make sure you get the agreement in writing.

The agreement should clearly say:

• What you have agreed to pay for – specifically, the extent of damage or cleaning you have agreed you are responsible for
• How much you have agreed to pay
• How it will be paid
• That Homes Victoria will not make any further claim against you for this issue in the future

You have 2 payment options:

• Pay the amount in full, or
• Enter into a maintenance payment agreement to pay the amount off in weekly or fortnightly instalments

If you are experiencing financial hardship, we recommend you pay the amount off in instalments that you can afford. The minimum amount payable under a payment agreement is $5 a week or $10 a fortnight. Consider seeking financial counselling before entering into any repayment plan. Find out about free financial counselling on our page on financial hardship.

You should get a receipt for any payment you make to Homes Victoria.

If you agree you are responsible for some of the damage or cleaning, but not all of it, you can try to negotiate a smaller amount to pay.

If you don’t agree you are responsible for any of the damage or cleaning, Homes Victoria must review its decision to make a claim against you.

After it has reviewed its decision, you will receive a letter saying whether or not the claim has been changed. If it has not been changed, Homes Victoria will continue to negotiate with you.

If you still don’t agree you are responsible for any of the claim, or you don’t agree on the amount of the claim, Homes Victoria can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute. Find out more on this page about next steps if you do not agree you are responsible for costs.

If you think Homes Victoria is not following its own policies (rules) in making its claim against you, you may wish to request an internal appeal against its decision. You can find out more on this page about Homes Victoria’s policies.

The HousingVic website has information on how to appeal a decision made by Homes Victoria. Generally, if you request an appeal, Homes Victoria should not apply to Rental Dispute Resolution Victoria (RDRV) until the appeal process has finished.

If Homes Victoria has already applied to RDRV, you should ask Homes Victoria for an explanation of how the claim against you aligns with its policies. You can also raise Homes Victoria’s policies at RDRV to show that the claim against you does not align with these policies. You can still request an internal appeal, even if the dispute goes to RDRV.

If the dispute is not resolved at RDRV and is referred to VCAT before Homes Victoria has made a decision about your appeal, you should ask VCAT to reschedule (adjourn) the hearing until Homes Victoria has made a decision. In most cases, Homes Victoria should agree to having the hearing adjourned.

The Victorian Ombudsman can also help resolve complaints about repairs and maintenance in public housing. If you are not happy with Homes Victoria’s decision, you can make a complaint to the Victorian Ombudsman.

Find out more about appeals and complaints on our page about public housing.

If you need advice about making an appeal or complaint, see the information on this page about getting help.

If Homes Victoria applies to RDRV, it must give you a copy of the application and any documents or evidence attached to it.

An RDRV resolution coordinator will contact you to find out your perspective on the dispute, and may then invite you to participate in dispute resolution at RDRV. For more on the RDRV process, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If you think further negotiation won’t help or that Homes Victoria is being unreasonable, you can choose not to participate in RDRV. You can tell the resolution coordinator that you want the dispute to go straight to a formal VCAT hearing.

If you have experienced family or personal violence

If you experienced family or personal violence during the tenancy, and Homes Victoria applies to RDRV, let the resolution coordinator know as soon as possible. They should refer the application directly to VCAT for a formal hearing.

Generally, the RDRV process of discussion or mediation is not considered appropriate in circumstances of family or personal violence.

Family violence is committed by a relative, partner or former partner, or someone who is like family. Personal violence is committed by someone who is not family. Violence may also include financial, emotional and other types of coercive control.

If the matter goes to VCAT, the VCAT family violence team can support you. Find out more on the VCAT website about family violence support.

If you experienced family or personal violence during your tenancy, it may help to tell Homes Victoria. Homes Victoria has internal policies that may mean you are eligible for a ‘waiver’ (which means you won’t have to pay the claim amount) or that the amount you have to pay is reduced. Homes Victoria may also be able to offer extra support or connect you with specialist services.

There is also more information on our page about family violence.

Get together any evidence that will help you dispute Homes Victoria’s claim.

This may include:

• Condition reports from when you moved in and when you moved out
• Photos of the property at the time you moved in and, if you have moved out, at the time you left
• Receipts for any cleaning you may have done, or arranged to be done
• Your own quotes for cleaning, repairing or replacing items, if you want to show that the amount Homes Victoria is asking for is unreasonable
• Any statements from witnesses that support what you are saying
• Any communication you have had with Homes Victoria about the claim

The resolution coordinator will let you know if you need to provide further documents or evidence at Rental Dispute Resolution Victoria (RDRV). Homes Victoria may also ask you to provide evidence during an RDRV session, and you can ask it to do the same.

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

This example about a claim for damage to a carpet shows how you can approach collecting evidence for Rental Dispute Resolution Victoria (RDRV) or a formal VCAT hearing.

Homes Victoria’s claim

Homes Victoria makes a claim for the full replacement cost of new, high-quality carpet throughout the property because there is a small stain on the carpet in one of the rooms, caused while you were living there. It says that if the carpet is replaced in that room, it won’t match the carpet in the other rooms, so the entire place needs to be re-carpeted.

At the time you moved in:

• The property had the original carpet from when it was built 20 years ago
• The carpet did not appear to be of high quality as it showed signs of wear in high-traffic areas and was worn through in some places
• There were several small pre-existing stains on the carpet throughout the property
• The condition report when you moved in noted stains and marks on the carpet due to wear
• Photos you and Homes Victoria took show that the stains and marks were there before you moved in

Homes Victoria needs to show that:

• It has suffered financial loss or property damage
• The loss or damage happened because you breached your lease (officially called a rental agreement) or Victoria’s rental laws, the Residential Tenancies Act 1997
• The amount it is claiming is reasonable

Has Homes Victoria suffered property damage?

A small stain might be considered property damage, but it may also be seen as minor or not enough to justify replacing the carpet. It could also fall under normal wear and tear, especially if it is a worn patch rather than a stain.

Has Homes Victoria suffered financial loss?

Even if there is property damage, you can argue that Homes Victoria has not suffered financial loss because:

• The carpet has no financial value as its age means it has fully depreciated according to the Australian Taxation Office’s (ATO’s) rental properties depreciation guide
• It has not spent any money changing the carpet

Is the amount reasonable?

You can also argue that Homes Victoria’s claim is not reasonable because:

• Asking for the carpet to be replaced throughout the entire property because of a small stain in one room is not in proportion to the damage caused
• There are methods other than replacing the carpet that could deal with the stain, such as cleaning or repairing the existing carpet, which cost less
• The replacement quality of the carpet Homes Victoria is claiming for is not reasonable compared to the lower-quality carpet that is there now
• The carpet was old, stained and worn before you moved in, and should be replaced as part of Homes Victoria’s duty to maintain the property in good repair, regardless of any stain caused while you were living there

Your evidence for RDRV or VCAT

Your evidence for RDRV or VCAT could include:

• Condition reports from when you moved in and when you moved out
• Photos of the property from when you moved in and when you moved out
• Quotes for cleaning or repairing the carpet
• Quotes for new carpet of a similar quality to the existing carpet to show that what Homes Victoria is asking for is excessive and not reasonable
• Any communication you have had with Homes Victoria about the damage

Even if VCAT decides that the damage was your fault and you have to pay, well-prepared evidence can help reduce the amount to a cost that is reasonable.

If Homes Victoria delayed repairs or caused you loss or damage in some other way while you were living at the property, you can also apply to Rental Dispute Resolution Victoria (RDRV) with your own compensation claim. Make sure you give Homes Victoria a copy of your application and any supporting evidence.

Making a counter claim can give you leverage in negotiations and help encourage Homes Victoria to reach an agreement.

If you don’t reach an agreement through RDRV, VCAT will be able to hear both claims together and make one decision. This may involve VCAT ‘offsetting’ the claims. For example, if Homes Victoria owes you $800 but you caused $1200 worth of damage, VCAT will order you to pay the difference. In this case, you would need to pay Homes Victoria $400.

Find out more on our page about claiming compensation.

After the resolution coordinator has spoken separately with you and Homes Victoria, they may organise a facilitated discussion through Rental Dispute Resolution Victoria (RDRV), where you can both try to negotiate an agreement. The resolution coordinator will guide the discussion as an independent mediator.

The facilitated discussion usually takes place by phone, videoconference or email. The resolution coordinator may bring you and Homes Victoria 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.

For more on what happens at RDRV and tips for participating in dispute resolution, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If you reach an agreement at RDRV

If you and Homes Victoria 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 Homes Victoria 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 at any time.

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 maintenance claims are usually held within 4 weeks of Homes Victoria applying to Rental Dispute Resolution Victoria (RDRV).

If you don’t go to the hearing, VCAT can still make a decision about the claim. For this reason, it is good to attend the hearing if you can. If you are there to tell your side of the dispute, you may get a better result.

Request to change the hearing date

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

Request to attend the hearing by phone or video

If the hearing is going to be in person but you would prefer to attend by phone or video, you can request this using VCAT’s:

• Telephone attendance request form – for requesting a phone hearing
• Application to use technology – for requesting either a phone or video hearing

You will need to provide reasons for your request. Make sure you submit the request form several days before the hearing date, otherwise VCAT may reject your request.

If you and Homes Victoria 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 you caused a problem, or if Homes Victoria admits that a charge is too high, these statements cannot be used as evidence at VCAT.

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

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

Before the hearing, Homes Victoria must make sure you have a copy of any documents or evidence it will use. If it presents 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.

You should also make sure Homes Victoria 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 dispute a maintenance claim. You can also see our example of evidence for disputing a damage claim. The VCAT website has more tips on preparing evidence.

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

Protecting your personal information

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

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

At the hearing, Homes Victoria must prove to VCAT why you should pay for the damage or cleaning. It must show that:

• It has suffered financial loss or property damage
• The loss or damage happened because you breached your lease (officially called a rental agreement) or Victoria’s rental laws, the Residential Tenancies Act 1997
• The amount it is claiming is reasonable

You can tell VCAT your side of the story. If you disagree with what Homes Victoria is claiming, or you think the claim is for too much money, you can say why and give any evidence to support your reasons.

VCAT may consider:

• Whether you took all reasonable steps to meet your duties under Victoria’s rental laws and your lease
• Whether Homes Victoria consented to, or contributed to, any failure to meet your duties
• What Homes Victoria did to minimise its losses or stop things from getting worse. For example, if you reported damage but Homes Victoria did nothing to prevent further loss
• What you did to fix things. For example, repainting a marked wall or patching a damaged plaster wall. Even if the work is not perfect, VCAT can consider these efforts when deciding if the amount claimed by Homes Victoria is reasonable
• Whether you have already given Homes Victoria money or any other form of compensation to resolve the issue
• Whether Homes Victoria refused any fair offers from you to resolve the issue
• Whether the damage was caused by an accident or actions that could not be reasonably prevented – for example, you (or a member of your household) have a disability or mental health condition or are experiencing family violence
• 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 (like Homes Victoria) must follow the rental laws. See our page on the Consumer Affairs Victoria guidelines

VCAT makes decisions based on Victoria’s rental laws. It doesn’t take into account Homes Victoria internal policies, including those about exemptions due to personal circumstances.

VCAT usually makes a decision, called an order, on the day of the hearing. At VCAT the person who hears and decides 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, you can ask the member to explain it to you again.

If VCAT makes an order that you have to pay compensation to Homes Victoria, you will need to consider how and when you will pay it. You have 2 options:

• Pay the amount in full, or
• Enter into a maintenance payment agreement with Homes Victoria to pay the amount off in weekly or fortnightly instalments

If you are experiencing financial hardship, seek financial counselling before entering into any repayment plan. Find out about free financial counselling on our page on financial hardship.

If you want to repay the debt, we recommend you pay the amount off in instalments that you can afford. The minimum amount payable under a payment agreement is $5 a week or $10 a fortnight. You should get a receipt for any payment you make to Homes Victoria.

Even after VCAT has made the order, you can still negotiate the amount to be paid and ask for a waiver if Homes Victoria was not aware of your circumstances. For example, if Homes Victoria and VCAT were not aware you were experiencing family violence at the time the compensation order was made.

If a VCAT hearing happens without your knowledge, and orders are made, you can apply to VCAT to reopen the order. You generally need to do this within 14 days of finding out about the order.

Because applications to Rental Dispute Resolution Victoria (RDRV) and VCAT can be made after you have moved out, give Homes Victoria your forwarding address or contact information. Otherwise, you could find out about a maintenance claim after it has gone to VCAT.

If you need support in disputing maintenance claims, help is available.

There are step-by-step guides and other resources to assist you with disputing maintenance claims.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (like Homes Victoria) in numbered sections.

The sections in this list relate to compensation claims in public housing. Click on a link to see more about the section.

• Section 27C – Professional cleaning
• Section 61 – Renter and visitor must not damage premises or common areas
• Section 62 – Renter must notify of damage
• Section 63 – Renter must keep and leave property reasonably clean
• Section 64 – Modifications to rented premises
• Section 72AA – Renter must report damage or breakdown of facilities
• Section 78 – Rental provider may give repair notice
• Section 79 – Rental provider may do repairs and renter liable for costs
• Section 208 – Breach of duty notice
• Section 209 – Application for compensation or compliance order for a breach of duty
• Section 210 – Application for compensation order on other grounds
• Section 211A – Matters to be considered by VCAT in a compensation matter
• Section 211B – Director’s guidelines to be considered by VCAT in a compensation matter
• Section 447 – Limits of jurisdiction of VCAT

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

The Limitation of Actions Act 1958 also applies to maintenance and compensation claims in public housing: Section 5 – Contracts and torts.

Homes Victoria’s 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 operational guidelines outline the processes staff must follow when dealing with maintenance and compensation claims:

• Business practice operational guidelines – includes policies and procedures for dealing with housing appeals, managing claims and handling client information
• Property management and maintenance operational guidelines – includes policies and procedures for dealing with property damage
• Tenancy management operational guidelines – includes policies and procedures for dealing with condition reports, rent arrears, rental breaches and tenancy terminations

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