When & what can you claim?
If your landlord or agent has failed to carry out any of the duties in your lease or under the Residential Tenancies Act 1997, you can apply to the Victorian Civil and Administrative Tribunal for compensation. You must prove you suffered loss (eg damage to goods, or income lost) or substantial inconvenience, and that this was a result of the landlord or agent failing to do what they were supposed to.

Some examples of situations where compensation could be claimed in the Tribunal are

• when the landlord doesn't repair a problem that you have told them about (eg a leaking roof)
• when the landlord tries to evict you illegally
• when the agent has been turning up for house inspections without notice, or is constantly bringing people around to inspect the property
• when the premises were not clean when you moved in

You cannot claim compensation in the Tribunal for pain and suffering, physical injury or death. Claims for personal injury or death must be made in the courts. Contact the Tenants Union for further advice if you believe you have such a claim.

The Tribunal has a $10 000 compensation claim limit. If your compensation claim is for an amount above $10 000, you will need to go to the Magistrates' Court or a higher court. If you are considering such a claim, contact the Tenants Union for further advice.

Repairs
The most common compensation situation is when the landlord has failed to undertake repairs. See the Repairs leaflet for more information. It is a good idea to wait until the repairs have been done before you claim compensation, as the Tribunal will not always hear cases where the compensation is still adding up. However, you should notify your landlord that you intend to claim compensation, and that the longer they delay undertaking the repairs the more you will be able to claim. This will sometimes convince the landlord to undertake the repairs more quickly.

How to claim
If you want to claim compensation, you should fill out a Breach of Duty Notice. Copies of the notice are available from the Tenants Union or a tenant advice service.

When you fill out the Breach of Duty Notice, you must include

• details of the landlord's breach (what they've done wrong)
• what action the landlord should take to fix the problem (eg repair the roof)
• the amount of money you are claiming for anything that can't be fixed (eg damage done to your goods by water leaking through the roof)
• the compensation you are claiming for any money you spent (eg the cost of cleaning clothes that became wet and dirty as a result of a roof leak) or inconvenience you experienced (eg staying at a friend's house while your bedroom was flooded)

You can claim for several different matters on the one form. Attach an extra page if you need more space. If you want to claim an amount for loss of amenities, a good way to work out the amount to claim is to determine an appropriate percentage of your rental and multiply this by the number of weeks you have had to put up with the problem. You must provide proof of your claim at the Tribunal, and explain the amount you are claiming for each item.

Make sure the Breach of Duty Notice names the owner of the property (not the estate agent) as the landlord. You can find out the landlord's name by checking your lease, or by asking your estate agent. If this isn't possible, contact your local council's Rates Office to find out who owns the property.

Give a copy of the Breach of Duty Notice to the landlord or estate agent and keep a copy for yourself. Send the Notice by certified or registered mail, or deliver it personally, so you can prove that they received it. Keep copies of your mail receipts. You must then wait 14 days (or 16 if you mailed the notice) to see if the landlord pays you the compensation. If they don't, you can apply to the Tribunal. Fill in the Tribunal application form and attach a copy of the Breach of Duty Notice.

Proving your claim
If you have applied to the Tribunal for compensation, you will have to attend a hearing and prove your case. You must convince the Tribunal that your landlord or agent failed to carry out their legal obligations to you and that you suffered loss or substantial inconvenience as a result.

You will need evidence (eg photographs, witnesses, letters you have written to your landlord or agent, receipts for expenses or quotes for repairing damage to goods). You should discuss your case with the Tenants Union or a tenant advice service before attending the Tribunal.
For more information, contact the Tenants Union on % (03) 9416 2577.