Based on your responses, CAV has not found your rent increase notice to be excessive. There also 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. 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 to VCAT 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.
If you apply to VCAT because you consider that the rent increase was excessive, you should prepare evidence of why it was excessive. This should include information about the rent of similar properties near your home as well as information about the condition of the property.
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.
Even after you have applied to VCAT, you can still negotiate with your rental provider to try to agree on an affordable rent for your home.
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, the rent increase will start on the date set out in the notice.
