The Residential Tenancies List is VCAT’s busiest List, accounting for about 60 per cent of VCAT’s total caseload.
Over 60,000 applications made to this List annually.
It is a high-volume, fast throughput list where matters are often finalised within four weeks of the original application even earlier for matters such as urgent repairs, which can be resolved within days.
Parties attending a Residential Tenancies hearing generally receive their decision on the same day as the hearing.
The List handles disputes between:
- Tenants and landlords;
- Rooming house owners and rooming house residents;
- The Director of Housing and public housing tenants;
- Caravan park owners and residents;
- Most applications were made by landlords to regain possession of their rented premises because the tenant had failed to pay rent.
- The second most common type of application was made by landlords requesting bond and/or compensation be paid to them for rent owing or damage to premises at the end of a tenancy.
For several years now, the number of applications to the Residential Tenancies List has grown about five per cent each year. This reflects Victoria’s growing population and the resulting higher number of tenancies, rather than an increase in the number of disputes per tenancy.
Enabling legislation:
- Australian Consumer Law and Fair Trading Act 2012;
- Disability Act 2006;
- Housing Act 1983;
- Landlord and Tenant Act 1958;
- Owners Corporations Act 2006;
- Residential Tenancies Act 1997;
- Supported Residential Services (Private Proprietors) Act 2010.
Daniel Epstein of Counsel
