Sending your rooming house operator an official notice

Rooming house operator duties are set out in the Residential Tenancies Act. See the full list of duties on our page about rooming houses.

You should only send a notice of breach of duty when your rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator has not breached a duty but has failed to follow a term in your rooming house agreement, or another section of the Residential Tenancies Act, you still have options. Depending on the issue, your options include:

• Sending the rooming house operator a notice to rooming house operator
• Talking directly with the rooming house operator
• 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 rooming house operator. See also our pages on going to RDRV and going to VCAT.

If the breach of duty relates to something urgent or serious, such such as failing to carry out urgent repairs, illegally entering your room or harassing you, you do not have to send a notice of breach of duty to the rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator or agent has illegally entered your home or harassed you. To learn more, see our page on privacy while renting.

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 rooming house operator 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 rooming house operator at RDRV. You can do this if you are still living at the property or you have moved out. If you are still at the property, 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 rooming house operator’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 rooming house operator 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 owner of rooming house [Word]. This is so you include all the information that the rules require.

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 other person listed on your rooming housing agreement. You can use 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 rooming house operator needs to do to fix the problem and/or compensate you
• The timeframe the rooming house operator has to fix the problem and/or pay compensation (7 days for breach of quiet enjoyment; 14 days for anything else)
• That the rooming house operator must not commit the same or similar breach again
• That if the notice is not followed, you can apply for compensation or a compliance order to VCAT or send a notice of intention to vacate if there have been 3 breaches of the same duty and you have already given 2 or more breach of duty notices
• Outline how the notice was sent and what date it was sent. See the information on this page about how to send the notice
• Be addressed to your rooming house operator or their real estate agent

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 rooming house operator.

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 rooming house operator for loss or inconvenience caused by the rooming house operator’s breach of duty, you can do this when you send the initial breach of duty notice, or you can wait until after the problem 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 rooming house operator or their agent.

The notice must be sent to the rooming house operator 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 rooming house operator or agent has agreed to receive communications from you this way

If you send the notice by post, the notice period begins when the rooming house operator is estimated to receive this notice. You need to allow enough time for the rooming house operator 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 rooming house operator 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.

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

The rooming house operator 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 rooming house operator has breached:

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

If the rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator or agent the opportunity to fix the issue.

If you and your rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator does not do what is listed in the breach of duty notice, depending on the type of issue, you can apply to RDRV or VCAT for a ‘compliance order’ (an order telling your rooming house operator to fix the problem within a particular time). If your rooming house operator ignores this order, you can send them a ‘notice of intention to vacate’. If you have a periodic rooming house agreement, you can give a 2-day notice of intention to vacate. If you have a fixed-term rooming house agreement, you can give 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.

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 rooming house operator 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 sent the rooming house operator a notice of intention to vacate but have changed your mind, you can request that the rooming house operator agrees to withdraw it. If they agree, get confirmation from them in writing via letter, text or email. You can also use the Consumer Affairs Victoria form: Notice to rooming house operator [Word], which the rooming house operator must sign if they agree.

If the rooming house operator does not agree, you can apply to VCAT.

You can send a notice to your rooming house operator 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. See the information on this page about how to complete a breach of duty notice.

You can send a notice to ask for reimbursement from the rooming house operator or their agent if you have arranged and paid for urgent repairs, and you want the rooming house operator to pay you back. The rooming house operator then has 7 days to reimburse you.

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

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

See our page on repairs and maintenance.

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

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

If the rooming house operator wants to add capacity for an extra person, or people, to a shared room that legally has space for more residents, they must get permission from the current residents using a particular form from Consumer Affairs Victoria.

You do not have to agree to the rooming house operator increasing your room capacity. If you do agree but later change your mind, you have 3 days from the time you signed the form to take back your permission. To do this, you need to sign and date the second page of the form and give it back to the rooming house operator, or you can send a notice to rooming house operator.

To learn more, see our page on rooming houses.

When sending a notice to your rooming house operator 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 rooming house operator.

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 rooming house operator 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 rooming house operator or agent has agreed to receive communications from you this way

If you send the notice by post, the notice period begins when the rooming house operator is estimated to receive this notice. You need to allow enough time for the rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator 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 rooming house operator failing to meet their duty to keep your room and the rooming house 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 rooming house operator 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 rooming house operator 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 withdrawing consent for an increase in room capacity, you can apply to VCAT to have it resolved.

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 rooming house operator 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 rooming house operator 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 rooming house operator 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 support to send a notice to your rooming house operator (sometimes called rental provider), help is available.

There are resources to assist you with understanding more about sending official notices to your rooming house operator.

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

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

• Section 92A – Exclusive occupancy right
• Section 92B – Shared room right
• Section 92C – Notice of residency right – own or shared room
• Section 94D – Consent of resident to increased room capacity
• Section 116 – Resident must notify and compensate rooming house provider for damage
• Section 120 – Rooming house must be kept in good repair
• Section 120A – Rooming house operator must comply with rooming house standards
• Section 121 – Rooming house operator must provide access
• Section 122 – Resident’s right to quiet enjoyment
• Section 126 – House rules can be made
• Section 127 – House rules to be provided and followed
• Section 128 – Can apply to VCAT if house rules are unreasonable
• Section 129 – Urgent repairs
• Section 142B – Standards for rooming houses
• Section 142P – Termination if room or rooming house is destroyed
• Section 142W – Notice of intention to vacate room
• Section 142ZS – Form of notice of intention to vacate
• Section 142ZV – How can a notice be withdrawn?
• Section 142ZX – Resident may apply to Tribunal
• Section 208 – Breach of duty notice
• 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.

The Residential Tenancies (Rooming House Standards) Regulations 2023 set out the privacy, safety, security and amenity standards in rooming houses.