Sending your landlord an official notice

Landlord duties are set out in the Residential Tenancies Act. See the full list of duties under rental laws on our page about private rentals.

You should only send a notice of breach of duty when your landlord (officially called the rental provider) does not follow these specific duties, so it is important to understand what is and is not a breach of duty.

Consumer Affairs Victoria guidelines

If you believe that your landlord has breached one of their duties, Consumer Affairs Victoria has guidelines that you can refer to. These include guidelines on maintenance, cleanliness, damage and urgent repairs.

These guidelines show you what VCAT considers before making a decision about a breach of duty, including whether to pay compensation. If there are guidelines that relate to your circumstances, reading them first may help you decide whether the landlord has breached their legal duties. Learn more on our page about the Consumer Affairs Victoria guidelines.

If the issue is not a breach of duty

If you think that the landlord has not breached a duty but has failed to follow a term in your lease (officially called the rental agreement), or another section of the Residential Tenancies Act, you still have options. Depending on the issue, your options include:

• Sending the landlord or their agent a notice to the rental provider of rented premises
• Talking directly with the landlord or their agent
• Applying to Rental Dispute Resolution Victoria (RDRV) or VCAT to resolve the issue

See the information on this page about when to send other types of notices to your landlord. See also our pages on going to RDRV and going to VCAT.

If the breach of duty relates to something urgent or serious, such as failing to carry out urgent repairs, illegally entering your home, harassing you or wrongfully giving keys to a person that poses a threat to you or your family,  you do not have to send a notice of breach of duty to the landlord first. Depending on what the breach relates to, you can apply directly to Rental Dispute Resolution Victoria (RDRV) or VCAT to resolve the issue.

Going to RDRV

RDRV is a free service that helps resolve rental disputes without needing to go straight to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and your landlord as you try to reach an agreement.

RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the landlord failing to meet their duty to keep the property in good repair).

An example of an issue you can take to RDRV – without sending a notice of breach of duty first – is when your landlord fails to attend to urgent repairs that you have told them about. To learn more about the process for getting repairs done and applying to RDRV, see our page on repairs and maintenance.

If you and your landlord cannot reach an agreement at RDRV, your dispute may be referred to VCAT. You can also request a formal hearing at VCAT at any point during the RDRV process. If your landlord is being unreasonable, you may get a better outcome at VCAT.

For more on what happens at RDRV, see our page on going to RDRV.

Going to VCAT

If the breach of duty is urgent and relates to something that RDRV does not deal with, such as the quiet enjoyment of your home, you can apply to VCAT to have it resolved without first sending a breach of duty notice. This can include asking for a restraining order or other urgent action because the landlord or agent has illegally entered your home, harassed you, or given keys to someone who is being violent towards you. To learn more, see our page on privacy and entry.

If you applied to RDRV and the dispute is not resolved at RDRV, it may be referred to VCAT. If you have already applied to RDRV, you will not need to make a separate application to VCAT. You may need to pay a VCAT application fee, but you can ask VCAT to consider reimbursing you.

For more information on what happens at VCAT, see our page on going to VCAT.

If you want to claim compensation

If the landlord has breached one of their legal duties under Victoria’s rental laws and you have suffered loss or major inconvenience as a result, you can claim compensation from the landlord at RDRV. You can do this if you are still living at the property or you have moved out. You can also wait until the issue is fixed, so that you can better calculate your loss.

If you are still living at the property and want to claim compensation for loss or inconvenience because of the landlord’s breach of duty, it is best to send a notice of breach of duty. This is because if your dispute ends going to a formal VCAT hearing, you may need to show VCAT that you gave the landlord a notice of breach of duty.

For more information on how to calculate and claim compensation, see our page on claiming compensation.

If you decide to send a notice of breach of duty, certain things must be included for it to be legally valid.

We recommend that you use the official Consumer Affairs Victoria form: Notice of breach of duty to rental provider of rented premises [Word]. This is so you include all the information that the rules require. If you do use this form, it will need to be signed by any co-renters (other renters whose names are on the lease).

Whether you use the form or not, the notice of breach of duty must include all of the following:

• Be in writing
• Be signed by you and any co-renters. This can be an electronic signature
• Your reasons for giving the notice, including which legal duty under the Residential Tenancies Act has been breached
• Details of what loss or damage the breach has caused
• What the landlord (officially called the rental provider) needs to do to fix the problem and/or compensate you
• The timeframe the landlord has to fix the problem and/or pay compensation (7 days for breach of quiet enjoyment; 14 days for anything else)
• That the landlord must not commit the same or similar breach again
• That if the landlord does not follow the notice, you can apply to VCAT for compensation or a compliance order, or send a notice of intention to vacate if they have breached the same duty 3 times and you have already given 2 or more breach of duty notices. See information on this page about what to do if the landlord repeats or does not fix the issue
• Outline how the notice was sent and what date it was sent. See the information on this page about how to send the notice
• The address of your rental property
• Your name and the name of any co-renters on the lease (officially called a rental agreement)
• Be addressed to your landlord or their real estate agent

To learn more about how to complete the ‘reason for notice’ on a notice of breach of duty form when a landlord has breached the law relating to repairs and quiet enjoyment, see also our sample breach of duty notice [PDF].

Providing evidence

When giving a breach of duty notice, you can include copies of any evidence that supports what you are writing in the notice. This could include photos, videos, official reports and communications with the landlord or their agent.

Keep copies of anything you send with the breach of duty notice in case you need them later – for example, if you need to go to RDRV or VCAT, or if you want to apply for compensation.

Claiming compensation

If you want to claim compensation from the landlord for loss or inconvenience caused by the landlord or agent’s breach of duty, you can do this when you send the initial breach of duty notice, or you can wait until after the breach has been fixed. Waiting might be useful when you cannot fully calculate the loss you have suffered until the problem is fixed.

For information on how to calculate and claim compensation, see our page on claiming compensation.

We recommend you keep a copy of your signed breach of duty notice and any attached evidence before sending it to the landlord (officially called the rental provider) or their agent.

The notice must be sent to the landlord or their agent in one of these ways:

• In person: If you hand deliver the notice, write down the date, time, and name of the person you handed it to
• By post: If you mail the notice, we recommend using registered post and keeping your receipt and tracking number
• Electronically (such as email or text), if the landlord or agent has agreed to receive communications from you this way

Note: If you choose to use an email or text as your notice (if the landlord has agreed to receive notices this way), you can sign it by typing your full name at the end of the email or text.

If you send the notice by post, the notice period begins when the landlord or their agent is estimated to receive this notice. You need to allow enough time for the landlord or their agent to comply (do what you have asked in the notice). For information on estimated postage times from different locations, visit the Australia Post website.

If you sent the notice by email or text, ask the landlord or agent to confirm they have received it. Check to see if you can add a delivery or read receipt before you send it, so you get an automatic reply.

The landlord (officially called the rental provider) needs to follow what’s in the breach of duty notice within the timeframe listed in the notice. The timeframe will depend on which duty the landlord has breached:

• 7 days for breach of your quiet enjoyment
• 14 days for anything else

If the landlord has fixed the problem and/or paid the requested compensation within the required time in the breach of duty notice, then you do not need to take any further action.

However, if the landlord has not fixed the problem and/or paid compensation within the timeframe or has repeated the same or a similar breach of duty, you can either send them another breach of duty notice or apply to Rental Dispute Resolution Victoria (RDRV) or VCAT to have the matter resolved.

Going to RDRV

RDRV is a free service that helps resolve rental disputes without needing to go straight to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and your landlord as you try to reach an agreement.

RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the landlord failing to meet their duty to keep the property in good repair).

Learn more about how to apply to RDRV on our pages about repairs and maintenance and claiming compensation.

Note: Before applying to RDRV, you need to wait the required amount of time listed in the breach of duty notice, plus any postage timeframes, to give the landlord or agent the opportunity to fix the issue.

If you and your landlord cannot reach an agreement at RDRV, your dispute may be referred to VCAT. You can also request a formal hearing at VCAT at any point during the RDRV process. If your landlord is being unreasonable, you may get a better outcome at VCAT.

For more on what happens at RDRV, see our page on going to RDRV.

Going to VCAT

If the breach of duty relates to something that RDRV does not deal with, such as a breach of your privacy or ‘quiet enjoyment’ of your home, you can apply to VCAT to have it resolved. Learn more on our page about privacy while renting.

Note: Before applying to VCAT, you need to give the landlord or agent the required amount of time listed in the breach of duty notice, plus any postage timeframes, to fix the issue.

If you applied to RDRV because the breach of duty relates to something RDRV deals with, such as urgent repairs, and the dispute is not resolved at RDRV, it may be referred to VCAT. You will not need to make a separate application to VCAT, but you may need to pay a VCAT application fee. You can ask VCAT to consider reimbursing you.

For more on what happens at VCAT, see our page on going to VCAT.

If you want to move out of the property

If your landlord does not do what is listed in the breach of duty notice, depending on the type of issue, you can apply to Rental Dispute Resolution Victoria (RDRV) or VCAT for a ‘compliance order’ (an order telling your landlord to fix the problem within a particular time). If your landlord ignores this order, you can send them a 14-day ‘notice of intention to vacate’.

Only VCAT can issue a binding compliance order, but RDRV can refer your case to VCAT for this purpose.

If you have already given your landlord 2 breach of duty notices for the same issue and they haven’t fixed the problem in the required time, and they repeats the behaviour a third time, you can send your landlord a 14-day ‘notice of intention to vacate’, provided you mention the third breach of duty (and previous breaches) as the reason for the notice of intention to vacate.

To learn more about the process for sending a notice of intention to vacate for these reasons, see our page on ending or breaking your lease.

If the landlord (officially called the rental provider) disagrees with something about your notice of intention to vacate, they may apply to VCAT to have it resolved. For example, they may think you have not followed the rules when creating or sending it.

If there is a VCAT hearing, it is important that you attend so that you can tell your side of the story.

To learn more, see our page on going to VCAT.

If you need legal advice, Tenants Victoria and other organisations can help. See the information on this page about how to get help.

You can send a notice to your landlord (officially called the rental provider) or their agent to request non-urgent repairs.

To learn about the difference between urgent and non-urgent repairs, and how to request repairs, see our page on repairs and maintenance.

Note: You can also use a notice of breach of duty to request non-urgent repairs, especially if you think you may want to claim compensation because of loss and inconvenience.

You can send a notice to ask for reimbursement from the landlord (officially called the rental provider) or their agent if:

• You have arranged and paid for urgent repairs, and you want the landlord to pay you back, or
• You have paid utility charges that are not your responsibility, and you want the landlord to pay you back

If you are requesting reimbursement for completion of urgent repairs you paid for, you need to provide in writing:

• The date you told the landlord that the repairs were needed
• The amount you had to pay
• Evidence of both these things

The landlord or their agent then has 7 days to reimburse you. See our page on repairs and maintenance.

If you are requesting reimbursement for utility charges that you paid, you need to provide the amount you paid and evidence of this. The landlord or their agent then has 28 days to reimburse you. For information on the utility costs and charges you are responsible for and those the landlord is responsible for, see our page on utility charges.

If you or a visitor caused or became aware of damage to the premises, the law says that you have a legal duty to let the landlord or agent know, as soon as possible after becoming aware of it. Sending a notice to your landlord or their agent is a way of doing so.

If you don’t, your landlord may send you a notice of breach of duty and ask for compensation.

You can send a notice if you want to object to the landlord or their agent taking photos or videos of your rental home for advertising.

Learn more on our page on privacy while renting.

When sending a notice to your landlord (officially called the rental provider) or their agent, you can include copies of any evidence that supports what you are writing in the notice. This includes VCAT orders, photos, videos, receipts, official reports, and letters and emails with the landlord or their agent.

Keep copies of anything you have sent or want to send with the notice in case you need them later, for example, if the matter needs to be resolved at Rental Dispute Resolution Victoria (RDRV) or VCAT, or if you want to claim compensation because of the issue in the notice.

See our page on claiming compensation.

Once you have completed and signed the notice, make a copy of the notice and any evidence attached.

You can send the notice to the landlord (officially called the rental provider) or their agent in one of these ways:

• In person: If you hand deliver the notice, write down the date, time, and name of the person you handed it to
• By post: If you mail the notice, we recommend using registered post and keeping your receipt and tracking number
• Electronically (such as email or text) if the landlord or agent has agreed to receive communications from you this way

If you send the notice by post, the notice period begins when the landlord or their agent is estimated to receive this notice. You need to allow enough time for the landlord or their agent to comply (do what you have asked in the notice). For information on postage times from different locations, visit the Australia Post website.

If you send the notice by email or text, ask for the landlord or agent to confirm they have received it. Check if you can add a delivery or read receipt to your email before you send it, so you get an automatic reply.

Note: If you choose to use an email or text as your notice (if the landlord has agreed to receive notices this way), you can sign it by typing your full name at the end of the email or text.

If the landlord (officially called the rental provider) or their agent does what the notice requests in the timeframe in the notice, then you do not need to take any further action.

If the landlord or their agent does not do what the notice requests in the timeframe in the notice, you can apply to Rental Dispute Resolution Victoria (RDRV) or VCAT to resolve the dispute.

Going to RDRV

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 your landlord as you try to reach an agreement.

RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the landlord failing to meet their duty to keep the property in good repair).

To learn more about how to claim compensation at RDRV, see our page on claiming compensation. To learn more about going to RDRV about requests for non-urgent repairs, see our page on repairs and maintenance.

If you and your landlord cannot reach an agreement at RDRV, your dispute may be referred to VCAT. You can also request a formal hearing at VCAT at any point during the RDRV process. If your landlord is being unreasonable, you may get a better outcome at VCAT.

For more on what happens at RDRV, see our page on going to RDRV.

Going to VCAT

If your dispute relates to something that RDRV does not deal with, such as objecting to photos and videos, you can apply to VCAT to have it resolved. Learn more about this process on our page about privacy while renting.

If you applied to RDRV because the dispute relates to something RDRV deals with, such as a request for non-urgent repairs, and the dispute is not resolved at RDRV, it may be referred to VCAT. You will not need to make a separate application to VCAT, but you may need to pay a VCAT application fee. You can ask VCAT to consider reimbursing you.

For information on what happens at VCAT and how to apply, see our page on going to VCAT.

If the landlord (officially called the rental provider) disagrees with what you have stated in the notice, they may apply to Rental Dispute Resolution Victoria (RDRV) or VCAT to have this resolved.

If the landlord applies to RDRV, a resolution coordinator will contact you to get your perspective on the dispute. They may then invite you to participate in dispute resolution at RDRV. If you choose not to participate, the dispute may be referred to a formal hearing at VCAT.

If the landlord applies to VCAT, or if they apply to RDRV and you choose not to participate, VCAT will let you know the time, date and location of the hearing.

If there is a VCAT hearing, it is important that you attend so that you can tell your side of the story. If you have any witnesses, it is a good idea to ask them to prepare a statutory declaration about what they witnessed so that it can be used at the hearing. If they give an unsworn witness statement, they may need to attend the hearing in-person.

To learn more, see our pages on going to VCAT and going to RDRV.

If you need legal advice, Tenants Victoria and other organisations can help. See the information on this page about how to get help.

If you need support to send a notice to your landlord or their agent, help is available.

There are resources to assist you with understanding more about sending official notices to your landlord or their agent.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords in numbered sections.

The sections in this list relate to breach of duty notices and other official notices you can send to your landlord. Click on a link to see more about the section.

• Section 55 – Reimbursement
• Section 62 – Renter must notify rental provider of damage
• Section 65 – Vacant and clean
• Section 65A – Minimum standards
• Section 67 – Quiet enjoyment
• Section 68 – Repairs
• Section 68A – Safety-related repairs and maintenance requirements
• Section 68B – Records of Gas and electrical safety checks
• Section 69 – Efficiency ratings
• Section 70 – Locks and keys
• Section 70A – Locks for rented premises the subject of an intervention order
• Section 70B – Locks for rented premises the subject of a creation order in circumstances of family or personal violence
• Section 72 – Urgent repairs
• Section 72AA – Renter must report damage and breakdown of facilities to rental provider
• Section 89A – Entry to produce advertising images and videos
• Section 91L – Termination by renter before possession
• Section 91Z – Notice of intention to vacate
• Section 91ZC – Rental agreement of more than 5 years does not comply with standard form
• Section 91ZD – Premises destroyed or unfit for habitation
• Section 91ZE – Failure of rental provider to comply with VCAT order
• Section 91ZF – Successive breaches by rental provider
• Section 91ZZN – Form of notice of intention to vacate
• Section 91ZZQ – How can a notice be withdrawn
• Section 208 – Breach of duty notice
• Section 209 – Application for compensation or compliance for breach of duty
• Section 211A – Matters to be considered by VCAT in a compensation matter
• Section 211B – Director’s guidelines to be considered by VCAT
• Section 506 – Service of documents

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