If Consumer Affairs Victoria (CAV) has found that the rent is excessive, you can use the report to negotiate with your rental provider. You can use the report’s recommendations to offer an affordable amount which is less than the proposed rent increase.
If the rental provider does not want to negotiate, 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 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.
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 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 action, the rent increase will start at the date set out on the notice.
