A common criticism from rental providers who regularly attend VCAT has been the unpredictability of outcomes due to different VCAT Members interpreting the same RTA provisions in different ways. To improve consistency and predictability in how rental disputes are determined by the Tribunal, the recent rental reforms gave the Director of Consumer Affairs the power to issue guidelines which VCAT must consider when determining relevant applications.
The Director of Consumer Affairs has since issued five sets of guidelines, each of which can be downloaded via the links below:
- Guideline 1 – Maintenance
- Guideline 2 – Cleanliness
- Guideline 3 – Damage and fair wear & tear
- Guideline 4 – Urgent repairs
- Guideline 5 – Endanger
These guidelines are an extremely useful resource for housing workers when deciding how best to manage a dispute and help workers to understand how matters are likely to be determined if they progresses to VCAT. They also include summaries of relevant case law and other practical guidance. Member organisations needing assistance in understanding or applying these guidelines can contact CHIA Vic by emailing Jason.perdriau@chiavic.com.au