Victorian Civil and Administrative Tribunal|2026-03-20|Before: Ms J

For the reasons stated above, the Tribunal is satisfied on the balance of probabilities and taking into account where relevant fair wear and tear, the matters set out at section 211 and 211A of the RTA, and the CAV Guidelines, that the residential rental providers have suffered the following loss and damage, with all other claims being dismissed:

(a) $2,788.56 for Concrete Desire Invoice paid for repairs;

(b) $726.00 for Silavocar Invoice paid for internal cleaning;

(c) $588.50 for Concrete Desire Invoice paid for cleaning of exterior areas;

(d) $890.00 for Concrete Desire Invoice paid for gardening; and

(e) $210.00 for Matthews Cleaning Invoice paid for pet treatment to carpets

[1] While sections 211 and 211A of the RTA do not refer expressly to being applicable to a hearing under section 419A, it is accepted that those consideration are applicable when determining a claim for compensation. See for example, Wenger v Suwignjo (Residential Tenancies) [2024] VCAT 996.

[2] For example, in submission made on 9 January 2026 Ms Racovalis states at page 1:

There seems to be some confusion about what the Residential Tenancies Act 1997 and the Consumer Affairs Guidelines state regarding cleanliness, damage and modifications. There are rules and regulations about what the renters are required to do during their tenancy and the condition that the renters are required to leave the property in by the end of the tenancy. I have added copies of each so all parties and the member can familiarise themselves with the actual rules, regulations and definitions. All parties including the member are required to adhere to these definitions, rules and regulations. Please refer to the Consumer Affairs Guidelines definitions and flow chart to understand what constitutes fair wear and tear, damage and reasonably clean.

[3] The clause goes on to say 'the renter must have all or part of the rented premises professionally cleaned, or pay the cost of having all or part of the rented premises professionally cleaned, if professional cleaning becomes necessary to restore the premises to the condition they were in immediately before the start of the tenancy, having regard to the condition report and taking into account fair wear and tear'.

[4] Director of Consumer Affairs Guideline 2: Cleanliness, 5. Guidance on interpreting the professional cleaning clause (regulation 12), page 6.

[5] See Rental Minimum Standards in Schedule 4, Residential Tenancies Regulations 2021 (Vic.).

[6] Director of Consumer Affairs Guideline 2: Cleanliness, 5. Guidance on the interpretation of cleanliness, page 6.

[7] (Residential Tenancies) [2024] VCAT 996 at [16]- [17].

[8] Director of Consumer Affairs Guideline 2: Cleanliness, 5. Guidance on the interpretation of cleanliness, page 6.

[9] Section 36(1) of the RTA provides that a statement in a condition report under section 35 is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the rented premises on the day specified in the report if the condition report is signed by or on behalf of the residential rental provider and the renter.

[10] Director of Consumer Affairs Guideline 2: Cleanliness, 5. Guidance on the interpretation of cleanliness, page 6.

[11] Director of Consumer Affairs Guideline 1: Maintenance.

[12] This and other invoices provided to the Tribunal have been cropped to omit personal contact and banking details.

[13] Section 98(1)(c) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states that the Tribunal may inform itself on any matter as it sees fit.

[14] Director of Consumer Affairs Guideline 2: Cleanliness, 5. Guidance on the interpretation of cleanliness, page 7.

[15] Director of Consumer Affairs Guideline 2: Cleanliness, 5. Guidance on the interpretation of cleanliness, page 7.

[16] Director of Consumer Affairs Guideline 1: Maintenance, 5.2.3 General Maintenance Activities, page 9.

[17] Director of Consumer Affairs Guideline 3: Damage and Fair Wear and Tear, 4.2 Case Law, page 5.

[18] Director of Consumer Affairs Guideline 3: Damage and Fair Wear and Tear, 5.1 Examples, page 6.

[19] The prescribed modifications are set out at regulation 26 of the Residential Tenancies Regulations 2021 (Vic.). It is not necessary for the purposes of this decision to enumerate them.

[22] This invoice contains an original cost, being the cost paid by the rental providers, as well as a depreciated cost which is the cost claimed against the renters.

[23] Submissions of 9 January 2026, page 10.

[24] See for example S & S Freze & Duffy v Vorpasso (Residential Tenancies) [2023] VCAT 1007 at [16]:

It is not appropriate to make an award of compensation on the basis of a speculative loss that a residential rental provider may incur when they complete works. It may be that the works are never completed. It may also be the case that the scope of works is amended.

[25] Email submissions of 4 February 2026.

Tenancies Regulations 2021

Civil and Administrative Tribunal Act 1998

Crameri v Thomas [2026] VCAT 188 (20 March 2026)

Crameri v Thomas [2026] VCAT 188

At a glance

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Judgment (30 paragraphs)

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Legislation Cited (3)

Cases Cited (1)

Crameri v Thomas [2026] VCAT 188 (20 March 2026)