What to do now
Official breach path: Consumer Affairs Victoria, When a renter or rental provider breaks the law. Renter walkthrough: Tenants Victoria, Claiming compensation (private rental). Free dispute help: RDRV. Keep paying rent. Check current fees on the VCAT fees page before a hearing.
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Document the loss today. Photos, videos, invoices, quotes, higher utility bills, temporary accommodation receipts, and a timeline of when you reported the problem. Keep paying rent.
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Put a dollar figure on each head of loss. For loss of use or quiet enjoyment, Tenants Victoria's working method is days affected x daily rent x a reasonable percentage of loss, then add proven out-of-pocket costs. Daily rent is roughly (monthly rent x 12) / 365, or use the CAV rent calculator.
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If you still live there and the claim is a duty breach, serve a written Notice of breach of duty to rental provider. Say which duty was breached, the loss, what you want fixed and/or paid, and the clock: 7 days for quiet enjoyment, 14 days for most other listed duties (unsuitable premises, maintenance, efficiency of replacement appliances, external locks).
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If they ignore the notice or refuse to pay, apply to free RDRV (bonds, compensation, rent increases, repairs). Give them a copy of your application and evidence. If mediation fails, the same file can go to a VCAT hearing.
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After you have moved out, or for losses that are not a listed duty breach, you usually do not need a breach-of-duty notice. Still write once with the amount and a deadline, then RDRV if they do not pay. Apply within 6 years of the problem or loss.
Worked example
Jordan's heater failed in July. Jordan emailed the agent the same day, followed up twice, and bought a portable heater for $180 while waiting. After six weeks with no repair, Jordan served a CAV breach-of-duty notice seeking repair within 14 days plus $180 and a calculated quiet-enjoyment amount for the cold living areas. The provider ignored it. Jordan applied to RDRV with photos, emails, the notice, the receipt, and a one-page calculation table. At RDRV the parties settled on reimbursement of the heater plus a rent credit. If talks had failed, RDRV would have listed a VCAT hearing on the same application.
What you can claim for
Common provider-side examples (Tenants Victoria / CAV): delayed or refused repairs, loss of quiet enjoyment (including unlawful entry), missing or faulty locks, replacement appliances below efficiency standards, property not vacant or reasonably clean at move-in, unlawful utility charges, withdrawn facilities, and some agreement breaches.
You need to show loss, damage, or significant inconvenience caused by the breach. Personal injury compensation is a different area of law; VCAT does not award personal injury damages under the Residential Tenancies Act. Distress or disappointment awards are exceptional.
Victoria's rental jurisdiction for these claims is generally capped around $40,000 at VCAT. Larger claims may need a different pathway. Get advice if you are near that limit.
Breach-of-duty notice clocks
For ongoing tenancies and duty breaches, CAV's notice form and timeframes matter. After service, the provider must fix within:
- 7 days: quiet enjoyment
- 14 days: unsuitable for occupation, not maintained in good condition, replacement appliances below minimum efficiency, missing window locks or external deadlatches (see the CAV table)
If they do not comply, apply for compensation and/or a compliance order through RDRV / VCAT (Residential Tenancies Act 1997 (Vic) ss 208 and 209). Related duties often include ss 65, 65A, 67, 68, 69, 70, and 72.
RDRV and VCAT
RDRV is free early resolution for compensation (and bonds, repairs, rent increases). An RDRV application is also a VCAT application, so you do not re-apply if you need a hearing. Hearings are less formal than court. VCAT looks at severity, who caused the problem, how quickly you reported it, mitigation, and whether claimed costs are reasonable (s 211).
Check current VCAT residential fees before a hearing. Concession reductions may apply.
Where to get help
Consumer Affairs Victoria: 1300 558 181
When a renter or rental provider breaks the law
RDRV: rdrv.vic.gov.au or 1300 017 378 (free)
VCAT: vcat.vic.gov.au or 1300 018 228
Fees
Tenants Victoria: Claiming compensation · Renter Support Line (03) 9416 2577