RentingOnRecord

All topics

Can I claim compensation?

27 quoted answers, each with its source

The short answer

Victoria has a compensation pathway through Rental Dispute Resolution Victoria, which launched on 23 June 2025 and as of 1 July 2026 deals with compensation claims including breach of duty. Tenants Victoria states that a renter must apply within 6 years, that failing to give written notice of the problem before applying may affect the claim, and that no notice of breach of duty is needed after moving out; it also advises renters to keep paying rent while seeking compensation. VCAT cannot award compensation for personal injury under the Residential Tenancies Act 1997, and it may order compensation for distress or disappointment only in exceptional circumstances where the parties could not reach agreement at Rental Dispute Resolution Victoria. The monetary limit is not settled: as of 1 March 2026 Tenants Victoria's rooming-house compensation page states $20,000, while its private-rental page and Justice Connect state $40,000, and Tenants Victoria states that a claim above the Victorian rental-law limit must instead be brought under the Australian Consumer Law and Fair Trading Act 2012.

Every part of this comes from the quotes below. How we write these.

What the rules actually say12

Quoted straight from Consumer Affairs Victoria, the Residential Tenancies Act or a tribunal.

#

Tenants Victoria states that Rental Dispute Resolution Victoria deals with compensation claims including claims for breach of duty.

1 quote from 1 source
RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the landlord failing to meet their duty to keep the property in good repair).
#

Tenants Victoria states that Victoria's rental laws cover renter compensation claims of up to $40,000.

1 quote from 1 source
Note that Victoria’s rental laws cover renter compensation claims of up to $40,000.
#

Tenants Victoria states that a compensation claim above the Victorian rental-law limit must instead be brought under the Australian Consumer Law and Fair Trading Act 2012.

1 quote from 1 source
For more than that, you will need to claim under the Australian Consumer Law and Fair Trading Act 2012
#

Tenants Victoria states that VCAT cannot award compensation for personal injury under the Residential Tenancies Act 1997.

1 quote from 1 source
VCAT cannot give any compensation for personal injury under the Residential Tenancies Act 1997
#

Tenants Victoria states that VCAT may order a landlord to pay compensation for distress or disappointment in exceptional circumstances where the parties could not reach agreement at Rental Dispute Resolution Victoria.

1 quote from 1 source
In exceptional circumstances, and if you and your landlord (officially called the rental provider) cannot reach an agreement at Rental Dispute Resolution Victoria (RDRV), VCAT may order your landlord to pay compensation for distress or disappointment, not just for inconvenience.
#

Tenants Victoria publishes an equation for calculating loss of quiet enjoyment as the number of days without enjoyment or use of the home multiplied by daily rent multiplied by a percentage estimate of loss.

4 quotes from 1 source
A x B x C = amount of compensation for the loss of enjoyment or use of your home
A = the total number of days without the enjoyment or use of your home
B = your daily rent
C = percentage estimate of loss
#

Tenants Victoria states that a notice of breach of duty must set a timeframe of 7 days for breaches of quiet enjoyment.

1 quote from 1 source
Also select the timeframe for these things to be done – 7 days for breaches of quiet enjoyment or 14 days for all other breaches
#

Tenants Victoria states that a renter claiming compensation after moving out does not need to give the landlord a notice of breach of duty.

1 quote from 1 source
If you are claiming compensation after you have moved out, you do not need to give the landlord a notice of breach of duty, even if your claim is about them breaching their duty while you were living at the property.
#

Tenants Victoria states that a renter who does not send written notice of a problem to the landlord before applying to Rental Dispute Resolution Victoria may find it affects their compensation claim.

1 quote from 1 source
If you apply to Rental Dispute Resolution Victoria (RDRV) to claim compensation, but did not give written notice about the problem to the landlord or agent, it could affect your claim.
#

Justice Connect's Homeless Law in Practice states that section 447 of the Residential Tenancies Act sets a $40,000 limit on compensation claims heard by the Tribunal.

medium confidence
1 quote from 1 source
Section 447 of the RTA specifies a $40,000 limit on compensation claims to be heard by the Tribunal (or $100,000 for Part 4A site tenancy agreement claims).

Measured finding1

Something someone actually measured, with the method attached.

#

The Victorian Council of Social Service's fifth annual Renting in Victoria report draws on insights from 250 community sector workers supporting the state's most marginalised renters.

1 quote from 1 source
VCOSS’ fifth annual Renting in Victoria report provides insights from 250 community sector workers who are on the frontline of this crisis, supporting Victoria’s most marginalised renters.

Practical effect3

What is observed to happen in practice, as distinct from what is documented.

#

The Victorian Council of Social Service reports that community sector workers describe renters as unable to assert their rights out of fear of 'rocking the boat'.

1 quote from 1 source
Community sector workers report that a lack of affordable housing, a highly saturated rental market, and limited statutory enforcement of rental rights are stacking the deck against renters, perpetuating a power imbalance in which renters are unable to assert their rights out of fear of ‘rocking the boat’.
#

Tenants Victoria observes that VCAT will not always decide cases where the compensation is still adding up.

medium confidence
1 quote from 1 source
If your dispute ends up going to a formal VCAT hearing, VCAT will not always decide cases where the compensation is still adding up.
#

Justice Connect's Homeless Law in Practice states that as a general rule the Tribunal will only award compensation for direct loss or damage, not for pain and suffering or physical injury.

medium confidence
1 quote from 1 source
the Tribunal will only award compensation for direct loss or damage and not for pain and suffering or physical injury

Changed on2

A dated change. This is where advice quietly stops being true.

#

Rental Dispute Resolution Victoria helps settle disputes over bonds, compensation, repairs and excessive rents.

first-party
1 quote from 1 source
Launched today, Rental Dispute Resolution Victoria (RDRV) is a dispute resolution service to help settle disputes over bonds, compensation, repairs, and excessive rents.
#

Rental Dispute Resolution Victoria was brought into law by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024.

1 quote from 1 source
The legislation (called the Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024) also brings into law a new entity to improve the system for resolving issues in rental properties, called Rental Dispute Resolution Victoria (RDRV).

Disputed between sources5

Sources that do not agree, presented without picking a winner.

#

Landlord Wise attributes the establishment of Rental Dispute Resolution Victoria to the November 2025 reforms.

medium confidencefirst-partyvendor
2 quotes from 2 sources
Launched today, Rental Dispute Resolution Victoria (RDRV) is a dispute resolution service to help settle disputes over bonds, compensation, repairs, and excessive rents.
Rental Dispute Resolution Victoria (RDRV) is a specialist service established under the November 2025 reforms.
#
  • Tenants Victoria's rooming-house compensation page states a $20,000 limit on renter compensation claims.
  • Justice Connect's Homeless Law in Practice states section 447 sets a $40,000 limit.
2 quotes from 2 sources
Note that Victoria’s rental laws cover renter compensation claims of up to $20,000.
Section 447 of the RTA specifies a $40,000 limit on compensation claims to be heard by the Tribunal (or $100,000 for Part 4A site tenancy agreement claims).
#
  • Tenants Victoria's private-rental compensation page states a $40,000 limit on renter compensation claims.
  • Tenants Victoria's rooming-house compensation page states a $20,000 limit.
2 quotes from 2 sources
Note that Victoria’s rental laws cover renter compensation claims of up to $40,000.
Note that Victoria’s rental laws cover renter compensation claims of up to $20,000.

Often said, but we could not find it in the rules4

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

#

Crown Real Estate Agents states that rental providers who ignore the minimum standards may be ordered by VCAT to pay compensation or offer a rent reduction.

medium confidencevendor
1 quote from 1 source
Rental providers who ignore these standards face significant penalties and may be ordered by VCAT to pay compensation or offer a rent reduction.
#

Crown Real Estate Agents states that catching a minor leak or faulty seal early saves rental providers thousands in…

  • emergency repair costs.
  • potential renter compensation claims.
medium confidencevendor
1 quote from 1 source
By catching a minor leak or a faulty seal early, we save you thousands in emergency repair costs and potential renter compensation claims.
#

Landlord Wise states that Rental Dispute Resolution Victoria was established under the November 2025 reforms.

medium confidencevendor
1 quote from 1 source
Rental Dispute Resolution Victoria (RDRV) is a specialist service established under the November 2025 reforms.