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.
