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RI-3-Legal-process-CAV-no-decision-invalid

Based on your responses, your notice of rent increase might be invalid. If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive.  

After applying for a rent assessment, a case officer from Consumer Affairs Victoria (CAV) will decide whether the rent is too high, which may involve doing an inspection of your home. 

CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT. 

If the rental provider does not want to negotiate or you do not agree with the report, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options. 

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application. 

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.   

A rent increase notice may be invalid because: 

  • the rental provider increased rent during your fixed term rental agreement but there is nothing in the agreement letting them to do so,  
  • you already had a rent increase in the last 12 months if your rental agreement started after 19 June 2019, or in the last 6 months if your rental agreement started before 19 June 2019, 
  • the new rent is excessive, 
  • the rent increase notice is not in the right form. The rental provider must use the ‘Notice of proposed rent increase’ form from CAV. 
  • the rent increase notice does not contain the correct information about how the rental provider calculated the new rent, 
  • the rental provider did not give you at least 60 days’ notice before the rent increase started.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

Posted on

RI-2-Legal process-CAV-no-decision-valid

After applying for a rent assessment, a case officer from Consumer Affairs Victoria (CAV) will contact you. They may visit your home as part of the assessment to help them decide whether the rent is too high. It is also an  opportunity to show why the rent increase should not be allowed. For example, by showing the inspector the state of the property. 

CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT.  

If the rental provider does not want to negotiate or you do not agree with the report, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  

Based on your responses, there do not appear to be reasons why your notice of rent increase may be invalid. You still have the option to negotiate with your rental provider about the rent and to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. 

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application.  

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount. 

If VCAT finds the notice invalid or the proposed rent is too high, VCAT can order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

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RI-1-No-notice

If you receive a notice of rent increase, you can return to Dear Landlord to help you to understand if the notice of rent increase is valid and help you negotiate with your rental provider if you cannot afford the rent increase. 

If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive.  

Some reasons that a rent increase notice may be invalid include: 

  • the rental provider increased rent during your fixed term rental agreement but there is nothing in the agreement letting them to do so,  
  • you have already had a rent increase in the last 12 months if your rental agreement started after 19 June 2019 or in the last 6 months if your rental agreement started before 19 June 2019, 
  • the new rent is excessive, 
  • the rent increase notice is not in the right form.  
  • the rent increase notice does not contain the correct information about how the rental provider calculated the increased rent, 
  • the rental provider did not give you at least 60 days’ notice before the rent increase started.  

If you receive a notice of rent increase from your rental provider, you can challenge the increase by applying for a free assessment from Consumer Affairs Victoria (CAV). You must apply within 30 days of receiving the notice.  

CAV will do an investigation and send you a written report with the outcome of their investigation. You can use this report to negotiate the rent with your rental provider and to apply to VCAT.  

If the rental provider does not want to negotiate or you do not agree with the report, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options. 

You have to apply to VCAT within 30 days of receiving the CAV report.  

VCAT has the power to make orders, including: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount,  
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, for example because it does not include the required information about how the rent increase was calculated. 

If VCAT finds the notice invalid or the proposed rent is too high, VCAT can order that the rental provider refund any extra rent that you have already paid.  

If you do not take any steps when you receive a notice of rent increase, the rent increase will start on the date set out in the notice.