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Common residential tenancy issues and section numbers
This is a list of the most common types of rental property disputes taken to VCAT. The section numbers may help you complete your application, understand why you have been taken to VCAT and learn the types of supporting documents you should gather.
This page lists common types of renting issues taken to VCAT.
If you are applying to VCAT, you must quote the section number of the Residential Tenancies Act 1997 that your issue falls under. Write the section number in the claim details section of the application form. You may also have to provide supporting documents as part of your application.
If you have received a notice of hearing, you can read what the section numbers on your notice mean.
Rental providers (landlords)
Issues commonly lodged by rental providers (landlords)
Description of application | Section number | Documents or information to include with the application |
Bond The renter and rental provider have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond – unpaid rent and loss or damage or both The rental provider wants money out of the bond for unpaid rent, and/or compensation for loss or damage to the property. The renter has not agreed to it. | 419A |
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Bond and compensation The rental provider wants money out of the bond and for the renter to pay further compensation for unpaid rent, and/or loss or damage to the property. | 419A, 452 |
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Compensation or compliance order (up to $40,000) The rental provider wants an order that the renter must comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the renter. The renter still lives at the property. | 209 |
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Compensation (up to $40,000) The rental provider wants to claim compensation from the renter for loss or damage up to $40,000. | 452, 472(1)(f) |
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Restraining orders/injunctions The rental provider wants an order that the renter stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 472(1)(a), (b) |
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General issue The rental provider wants compensation or other orders against the renter not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the rental agreement. | 452(1) |
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Reduction of a fixed term tenancy – severe hardship The applicant wants VCAT to make orders reducing the term of a fixed term agreement because of severe hardship. | 91U |
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Order declaring premises abandoned The rental provider believes the renters have left permanently and wants VCAT to declare the premises abandoned. | 91ZG |
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Order terminating rental agreement – death of renter The rental provider wants to end a rental agreement because the renter has passed away and it is not possible to give a notice to vacate to the renter's legal personal representative or next of kin. | 91N(4) |
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Possession – unpaid rent The rental provider wants to take back the property because the renters owe at least 14 days of rent. | 91ZM |
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Possession – damage The rental provider wants to take back the property because the renter caused serious damage to the property. | 322(1), 91ZI |
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Possession – danger The rental provider wants to take back the property because the renter put in danger the safety of neighbours, the rental provider or anyone working for the rental provider. | 322(1), 91ZJ |
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Possession – threats and intimidation The rental provider wants to take back the property because the renter threatened or intimidated the rental provider or anyone working for the rental provider. | 322(1), 91ZK |
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Possession – condition of premises The rental provider wants to take back the property because it is unsafe or unsuitable for living in. | 322(1), 91ZL |
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Possession – renter has given a notice of intention to vacate but has not left The rental provider wants to take possession of the property where the renter has given the rental provider a notice of intention to vacate, but has not left. | 322(2) |
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Possession – premises occupied without consent The rental provider wants to take back the property where the renters have left within the last 12 months and squatters are now the only people living there – that is, the property is occupied solely by a person without the rental provider's consent. | 344 |
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Extension of time for a warrant to be executed The rental provider wants the time in which a warrant of possession may be executed by police to be extended. | 354 |
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Subsequent warrant A warrant of possession has lapsed and the rental provider is applying for another warrant. | 472(g) |
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Renters (tenants)
Issues commonly lodged by renters (tenants)
Description of application | Section number | Documents or information to include with the application |
Bond The renter and rental provider have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond and compensation The renter wants VCAT to order that the bond be paid back to the renter and for the rental provider to pay further compensation for loss because the rental provider has not complied with a duty or obligation. | 419A, 452 |
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Rent increase or excessive rent The renter wants VCAT to declare that a proposed rent increase or current rent amount is unreasonably high, and for VCAT to order that rent must not exceed a specific amount for a set period of time. | 46(1) |
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Compensation or compliance order (up to $40,000) The renter wants an order that the rental provider comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the rental provider. This does not include compliance with repairs notices under section 75. | 209 |
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Compensation (up to $40,000) The renter wants to claim compensation of up to $40,000 for loss because the rental provider breached a duty or obligation. | 452, 472(1)(f) |
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Urgent repairs The renter wants VCAT to direct the rental provider to carry out an urgent repair. | 73 |
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Non-urgent repairs The renter wants VCAT to direct the rental provider to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria or has given the rental provider a notice to repair. | 75 |
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Restraining orders/injunctions The renter wants an order that the rental provider stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 472(1)(a), (b) |
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General issue The renter wants compensation or orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the rental agreement. | 452(1) |
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Ending or creating a new rental agreement due to personal or family violence Someone living in a rental property wants to end a rental agreement or enter into a new rental agreement because they are experiencing (or have experienced) personal or family violence from a person on the rental agreement. | 91V |
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Creation of a rental agreement A person who is not a renter but lives at the rented premises wants the rental provider to enter into a rental agreement with them because either the rental provider has applied to VCAT for a possession order, the renter has given notice of intention to vacate, the renter has left the premises, or the renter has died. | 91S |
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Compensation or return of goods or personal documents The renter or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation. | 397 |
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Compensation for loss of goods or personal documents The renter or owner of goods or documents wants compensation because the rental provider wilfully or recklessly damaged or lost the stored goods or personal documents after the end of the tenancy. | 398 |
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Rooming house operators
Issues commonly lodged by rooming house operators
Description of application | Section number | Documents or information to include with the application |
Bond The resident and rooming house operator have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond – unpaid rent and loss or damage or both The rooming house operator wants money out of the bond for unpaid rent and/or compensation for loss or damage to the property. The resident has not agreed to it. | 419A |
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Bond and compensation The rooming house operator wants money out of the bond and for the resident to pay further compensation for unpaid rent and/or loss or damage to the property. | 419A, 452 |
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Compensation or compliance order (up to $20,000) The rooming house operator wants an order that the resident comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the resident. The resident still lives at the property. | 209 |
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Compensation (up to $20,000) The rooming house operator wants to claim compensation from the resident for loss or damage up to $20,000. | 452, 472(1)(f) |
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Restraining orders/injunctions The rooming house operator wants an order that the resident stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 472(1)(c)-(d) |
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General issue The rooming house operator wants orders against the resident not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency. | 452(2) |
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Order declaring premises abandoned The rooming house operator claims the resident has left permanently and wants VCAT to declare the room abandoned. | 142Z |
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Extension of time for a warrant to be executed The rooming house operator wants the time in which a warrant of possession may be executed by police to be extended. | 354 |
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Subsequent warrant of possession A warrant of possession has lapsed and the rooming house operator is applying for another warrant. | 472(g) |
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Rooming house residents
Issues commonly lodged by rooming house residents
Description of application | Section number | Documents or information to include with the application |
Bond The resident and rooming house operator have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond and compensation The resident wants money out of the bond and for the rooming house operator to pay further compensation for loss. | 419A, 452 |
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Excessive rent After a rooming house stops providing a service, the resident wants VCAT to declare that the rent is unreasonably high, and for VCAT to order that rent must not exceed a specific amount for a set period of time (apply under section 106). | 103 or 106 |
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Compensation or compliance order (up to $20,000) The resident wants an order that the rooming house operator comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the rooming house operator. This does not include compliance with a repairs notice under section 132. | 209 |
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Compensation (up to $20,000) The resident wants to claim compensation up to $20,000 for loss. | 452, 472(1)(f) |
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Urgent repairs The resident wants the rooming house operator to carry out an urgent repair. | 130 |
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Non-urgent repairs The resident wants the rooming house operator to carry out non-urgent repairs and has obtained a report from Consumer Affairs Victoria or has given the rooming house operator a notice to repair. | 132 |
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Restraining orders/injunctions The resident wants an order that the rooming house operator stop doing something that is a breach of their obligations, or that they do something to meet their obligations. | 452, 472(1)(a)-(db) |
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General issue The resident wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency agreement. | 452(2) |
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Unreasonable house rules The resident wants VCAT to declare a house rule to be unreasonable and invalid. | 128 |
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Compensation or return of goods or personal documents The resident or owner of the goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation. | 397 |
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Compensation for loss of goods or personal documents The resident or owner of goods or documents wants compensation because the rooming house operator wilfully or recklessly damaged or lost their stored goods or personal documents after the end of the residency. | 398 |
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Caravan owners or caravan park owners
Issues commonly lodged by caravan owners or caravan park owners
Description of application | Section number | Documents or information to include with the application |
Bond The resident and owner have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond – unpaid rent and loss or damage or both The caravan park/caravan owner wants money out of the bond for unpaid rent or hiring charges, and/or compensation for loss or damage to the property. The resident has not agreed to it. | 419A |
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Bond and compensation The caravan park/caravan owner wants money out of the bond and for the resident to pay further compensation for unpaid rent or hiring charges, and/or loss or damage to the property. | 419A, 452 |
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Compensation or compliance order (up to $20,000) The caravan park/caravan owner wants the resident to comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the resident. The resident still lives at the park. | 209 |
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Compensation (up to $20,000) The caravan park/caravan owner wants to claim compensation up to $20,000 from the resident for loss or damage. | 452, 472(1)(f) |
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Restraining orders/injunctions The caravan park/caravan owner wants an order that the resident stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 472(1)(c)-(d) |
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General issue The caravan park/caravan owner wants orders against the resident not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency agreement. | 452(3) |
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Order declaring site or caravan abandoned The caravan park/caravan owner claims the residents have left permanently and wants VCAT to declare the site or caravan abandoned. | 206AP |
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Extension of time for a warrant of possession to be executed The caravan park/caravan owner wants the time in which a warrant of possession may be executed by police to be extended. | 354 |
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Subsequent warrant of possession A warrant of possession has lapsed, and the caravan park/caravan owner wants another warrant. | 472(g) |
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Caravan residents
Issues commonly lodged by caravan residents
Description of application | Section number | Documents or information to include with the application |
Bond The resident and owner have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond and compensation The resident wants money out of the bond and for the caravan park/caravan owner to pay further compensation for loss. | 419A, 452 |
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Rent or hiring charge increase After an owner stops providing a service, the resident wants VCAT to declare that the rent is unreasonably high, and for VCAT to order that rent must not exceed a specific amount for a set period of time (apply under sections 159 and 452(3)). | 154 or 159, 452(3) |
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Compensation or compliance order (up to $20,000) The resident wants the caravan park/caravan owner to comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the owner. This does not include compliance with a repairs notice under section 191. | 209 |
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Compensation (up to $20,000) The resident wants to claim compensation up to $20,000 for loss. | 452, 472(1)(f) |
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Urgent repairs The resident wants VCAT to direct the caravan park/caravan owner to carry out an urgent repair | 189 |
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Non-urgent repairs The resident wants VCAT to direct the caravan park/caravan owner to carry out non-urgent repairs. | 191 |
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Restraining orders/injunctions The resident wants an order that the caravan park/caravan owner stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 452, 472(1)(a)-(db) |
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General issue The resident wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the residency agreement. | 452(3) |
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Unreasonable park rules The resident wants VCAT to declare a park rule to be unreasonable and invalid. | 187 |
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Ending or creating a new residency agreement due to personal or family violence in a caravan park Someone living in a caravan/caravan park wants to end a residency agreement or enter into a new residency agreement because they are experiencing (or have experienced) personal or family violence from a person on the residency agreement | 206AG |
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Compensation or return of goods or personal documents The resident or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the premises and wrongfully retained, and/or wants compensation. | 397 |
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Compensation for loss of goods or personal documents The resident or owner of goods or documents wants VCAT to order compensation because the caravan park/caravan owner wilfully or recklessly damaged or lost stored goods or personal documents after the end of a residency. | 398 |
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Residential Park (Part 4A site) owners
Issues commonly lodged by residential park (Part 4A site) owners
Description of application | Section number | Documents or information to include with the application |
Bond The site tenant and owner have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond – unpaid rent and loss or damage or both The site owner wants money out of the bond for unpaid rent, and/or compensation for loss or damage. The site tenant has not agreed to it. | 419A |
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Bond and compensation The site owner wants money out of the bond and for the site tenant to pay further compensation for unpaid rent and/or loss or damage. | 419A, 452 |
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Compensation or compliance order (up to $100,000) The site owner wants the site tenant to comply with a duty or to pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the site tenant. The site tenant still lives in the park. | 209 |
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Compensation (up to $100,000) The site owner wants to claim compensation from the site tenant for loss or damage up to $100,000. | 452, 472(1)(f) |
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Restraining orders/injunctions The site owner wants an order that the site tenant stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 472(1)(da), (db) |
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General issue The site owner wants orders against the site tenant not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the site agreement. | 452(3A) |
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Order declaring premises abandoned The site owner claims the site tenants have left permanently and wants VCAT to declare the site abandoned. | 207V |
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Extension of time for a warrant of possession to be executed The site owner wants the time in which a warrant of possession may be executed by police to be extended. | 354 |
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Subsequent warrant of possession A warrant of possession has lapsed and the site owner wants another warrant. | 472(g) |
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Residential park (Part 4A site) tenants
Issues commonly lodged by site tenants
Description of application | Section number | Documents or information to include with the application |
Bond – site tenant The site tenant and owner have an issue with the bond and want VCAT to make an order about the payment of the bond. | 419A |
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Bond and compensation – site tenant The site tenant wants money out of the bond and for the site owner to pay further compensation for loss. | 419A, 452 |
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Rent increase or excessive rent After an owner stops providing a service, the site tenant wants VCAT to declare that the rent is unreasonably high, and for VCAT to order that rent must not exceed a specific amount for a set period of time (apply under 206ZB and 452(3A)). | 206X or 206ZB, 452(3A) |
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Compensation or compliance order (up to $100,000) The site tenant wants an order that the site owner comply with a duty or pay compensation because a problem identified in a Breach of Duty notice has not been fixed by the site owner. The site tenant still lives in the park. | 209 |
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Compensation (up to $100,000) The site tenant wants to claim compensation for loss of up to $100,000. | 452, 472(1)(f) |
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Restraining orders/injunctions The site tenant wants an order that the site owner stop doing something that is a breach of their obligations or that they do something to meet their obligations. | 452, 472(1)(a)-(db) |
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General issue The site tenant wants orders not provided for anywhere else in the Residential Tenancies Act 1997 to resolve an issue about the site agreement. | 452(3A) |
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Unreasonable park rules The site tenant wants VCAT to declare a park rule to be unreasonable and invalid. | 206ZZA |
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Ending or creating a new site agreement due to personal or family violence A party to a site agreement, or someone living in a Part 4A dwelling who is an owner or part-owner of the dwelling but is not on the site agreement, wants to end a site agreement or enter into a new site agreement because they are experiencing (or have experienced) personal or family violence from a party to the site agreement. | 207M |
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Compensation or return of goods or personal documents The site tenant or owner of goods or documents wants VCAT to order the return of goods or personal documents that were left behind at the site and wrongfully retained, and/or wants compensation. | 397 |
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Compensation for loss of goods or personal documents The site tenant or owner of goods or documents wants compensation because the site owner wilfully or recklessly damaged or lost stored goods or personal documents after the end of a site agreement. | 398 |
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Apply now
To make an application, go to: Residential tenancies.
What are urgent repairs?
Urgent repairs are defined in the Act and include:
- repairs to restore essential services such as water, gas or electricity
- repairs to appliances for cooking or heating
- repairs required for safety reasons.
Consumer Affairs Victoria has a list of urgent repairs. All other repairs are considered non urgent.