The Law Handbook 2024

Chapter 6.1: Tenancy 485 Non-urgent repairs Non-urgent repairs are repairs other those defined as ‘urgent repairs’. These are required to ensure that the rented premises, fixtures and appliances supplied by the rental provider are maintained in a state of good repair. In older houses, distinguishing dilapidation and the concept of ‘good repair’ can be difficult. For example, threadbare carpet or peeling paint. When in doubt, parties should engage the non-urgent repair mechanism to determine whether the issue is a non-urgent repair, or a request for renovation or upgrading is necessary. It is also important to note that the condition of the premises may be relevant to whether a rent increase is excessive. In complex, non-urgent repairs matters, VCAT may consider it appropriate and more efficient to convene at the rented premises, so that VCAT can inform itself about the nature of the issue (s 129 VCAT Act). Although this is rare, such a consideration may be raised with VCAT to expedite some matters. Written notice of repair The renter must give the rental provider 14 days written notice that non-urgent repairs are needed (ss 72AA, 74 RT Act). The renter can use the Notice to Rental Provider form. The RT Act does not require a renter to use the Notice to Rental Provider form (s 53 Interpretation of Legislation Act 1984 (Vic)), but notice does need to be in writing. Renters may also use the Breach of Duty Notice form (this prescribed form is on CAV’s website). This also helps in the context of claims for compensation or compliance (s 209 RT Act) (see ‘Compliance orders’, below). The notice must be given to the rental provider or agent. It is best to do this via email if there is consent to give notices electronically. Alternatively, it may be given personally or via post. It is recommended to send the notice by registered post, in case of a dispute about service. Renters should keep copies of any notices sent. If a rental provider has not carried out the repairs within 14 days, or the repairs are not to a satisfactory standard, the renter can either apply to VCAT or apply in writing to the Director of CAV requesting that an inspector investigate (ss 74, 75 RT Act). In most cases, it is preferable to apply directly to VCAT as this can provide a faster resolution. A renter needs to provide VCAT with substantial evidence of the repair works required. In contrast, a CAV inspection may be useful if the repair issue is not visible (e.g. a bad smell). VCAT considers CAV inspection reports to be credible and persuasive. Notes made by a renter on a condition report are taken to be sufficient notice to the rental provider that repairs are required (s 36(1A) RT Act). All non-urgent repair applications must be heard within seven days of the application (s 75(3) RT Act). Repairs inspection report As part of the non-urgent repair process, renters may apply for CAV to complete a repairs inspection. This is a free service. Renters should use the ‘ request for repairs inspection or rent assessment’ form on CAV’s website. A copy of the Notice to Rental Provider or written notice of the repairs should be attached to this form. CAV can accept or reject the application for an inspection. If CAV rejects the application, renters can still apply to VCAT. After inspecting a premises, CAV will prepare a report that includes recommendations for the repairs needed and/or negotiate with the rental provider (s 74(b)–(c) RT Act). If a renter requests an inspection from CAV, and CAV agrees to provide one, the renter needs to wait for the report before they apply to VCAT (s 75(2)). Application to VCAT A renter can apply to VCAT for an order that a rental provider arrange non-urgent repairs if: • the renter has reported the repairs in writing; and • the repairs have not been done within 14 days; or • the renter has reported the repairs in writing; and • the repairs have not been done within 14 days; and • the renter has requested and obtained a CAV inspection report. The VCAT application should be made under section 75(1) of the RT Act. If a CAV inspection report was obtained, this should be attached to the application. Any evidence that the parties intend to use should be exchanged before the VCAT hearing. Non-urgent repair hearings must be listed within seven days of the application being lodged with VCAT (s 75(3) RT Act). Alternative repairs process Failure to ensure a premises is in good repair is a breach of a ‘duty provision’. This means that a renter