Application guide for specialist disability accomodation (SDA) disputes

Applications that can be made

• SDA resident
• SDA provider
• Other

• Type	Section	Further documents required or useful to include with your application	Time limit for applying
  End a rental agreement (lease) because the resident was coerced or deceived into entering the agreement, did not receive an information statement, or did not receive an explanation of the information statement.	91YA(1)(a) This section does not apply to an SDA residency agreement.	Copy of rental agreement
  Terminate the existing residential rental agreement and require the SDA provider to enter a new residential rental agreement with the person (or each person) because the resident was coerced or deceived into entering the agreement, did not receive an information statement, or did not receive an explanation of the information statement.	91YA(1)(b) or (c) This section does not apply to an SDA residency agreement.	Copy of rental agreement
  Determine whether a term in the SDA residency agreement is harsh or unreasonable	498L	SDA residency agreement
  Make an exceptional agreement order	498LAA
  Order urgent repairs	498P	Photos of the urgent repairs needed
  Order non-urgent repairs	498R	Report from the Director of Consumer Affairs Victoria (if available) Notice to SDA provider to carry out repair	Apply within 60 days of receiving the Director of Consumer Affairs Victoria’s report. If you did not receive the Director of Consumer Affairs Victoria’s report within 90 days of applying for the report, you can make an application after that time.
  Order compensation if damage is caused to the SDA resident's goods when the owner or their agent entered the property	498Z
  Declare that the proposed rent increase is excessive	498ZH	Report from the Director of Consumer Affairs Victoria (if available) Notice of rent increase.	Apply within 30 days of the Director of Consumer Affairs Victoria issuing their report. You can apply to VCAT for permission (leave) to proceed without a report from the Director of Consumer Affairs. The application for leave may only be made after the end of the 30 days after the notice of rent increase is given. You must have a good reason for failing to request a report.
  Order compensation or compliance because the other party did not comply with a breach of duty notice	498ZQ	Breach of duty notice	Apply within 90 days after the compliance date on the breach of duty notice.
  Determine whether a notice to vacate is valid	498ZZC	Notice to vacate Notice of temporary relocation (if issued)	Apply within 90 days of the day the notice to vacate was issued.
  Order compensation because the SDA dwelling owner has destroyed, disposed of, or sold a former resident's goods or personal documents	498ZZZJ
  Order recovery of goods or personal documents left behind and/or for compensation if an SDA dwelling owner wrongfully retains and refuses to give them up.	498ZZZK
  Order compensation because the SDA dwelling owner willfully or recklessly damaged or lost stored goods or personal documents	498ZZZL
  Order the owner of the dwelling to store goods for more than 14 days	498ZZZM
  Determine a general dispute about an SDA dwelling or agreement	452(3B)
  Make an order declaring whether my residency agreement is valid	Clause 7 of Schedule 4

• Type	Section	Further documents required or useful to include with your application	Time limit for applying
  Make an exceptional agreement order	498LAA
  Determine whether the resident has abandoned the dwelling so the SDA provider can repossess it	498ZWA
  Make a possession order for any of the following: unpaid rent endangering the safety of other residents or staff causing serious disruption to the proper use and enjoyment of the property by other residents causing serious damage to the dwelling resident is a danger to self or can no longer be properly supported using the dwelling for illegal purposes, renovating, repairing, demolishing or selling the dwelling failing to comply with a VCAT order giving notice of intention to vacate (if the resident has not vacated)	498ZZE	Notice of temporary relocation Notice to vacate Breach of duty notice Tribunal order Notice of intention to vacate	Apply any time after the notice to vacate is given but no later than 30 days after the termination date on the notice to vacate.
  Order compensation or compliance because the other party did not comply with a breach of duty notice	498ZQ	Breach of duty notice	Apply within 90 days after the compliance date on the breach of duty notice.
  Extend the time for execution of a warrant of possession	498ZZQ		Apply within the time the warrant can be executed.
  Order a warrant to be issued without delay because the SDA resident failed to pay rent while issue of the warrant was postponed	498ZZV
  Order that the SDA dwelling can be relet before the end of 6 months after a notice to vacate	498ZZZPA(2)
  Determine a general dispute about an SDA dwelling or agreement	452(3B)
  Make an order declaring whether my residency agreement is valid	Clause 7 of Schedule 4

• Type	Section	Further documents required or useful to include with your application	Time limit for applying
  An application to VCAT for an exceptional agreement order	498LAA
  A mortgagee of an SDA dwelling can ask VCAT to make a possession order	498ZZF	Notice to vacate Copy of any court order which shows the mortgagee's entitlement to possession and to exercise the power of sale.	A mortgagee can only make an application to VCAT after 90 days after the notice to vacate is given.
  A person who obtained the warrant of possession can apply to VCAT to extend the time for execution of a warrant of possession	498ZZQ		Apply within the time the warrant can be executed.
  A mortgagee may ask VCAT to order a warrant to be issued without delay because the SDA resident failed to pay rent while issue of the warrant was postponed	498ZZV
  Any interested party may apply to VCAT for a declaration as to whether the residency agreement is valid	Clause 7 of Schedule 4