Renters sometimes need to move out into temporary accommodation while repairs are made.
If a renter can’t live in a property because of the repairs that are being done, they can ask their rental provider (landlord) to reduce or waive their rent or pay costs to help them find somewhere to stay.
While the legislation doesn’t say the rental provider has to do this, it is reasonable for them to reduce or waive rent because they are not meeting their duties in the rental agreement.
Rooming house operators must offer substitute facilities to a resident when they are making repairs to the resident's room and an equivalent spare room is available. If the resident has refused the offer of an equivalent substitute room, the operator can give the resident a notice to vacate (not less than 60 days).
See more about the responsibilities of rooming house operators.
Agreeing on who pays costs
The renter is responsible for finding and paying for their own accommodation. This includes paying for any related expenses, such as meals, transport and pet accommodation.
However, the rental provider may agree to pay some of the costs of the renter moving into temporary accommodation, or to reduce or waive the rent while they can’t live in the place that is being repaired.
There is no obligation on the renter or rental provider to agree to temporary accommodation arrangements. But any agreement reached should be in writing.
If the renter and rental provider cannot agree, either can apply to VCAT to make a decision about who should pay.
Ending the rental agreement (lease) because of repairs
Sometimes repairs being done, or needing to be done, are a reason to end a rental agreement:
Forms you might need
To tell a renter that they need to vacate the property so that repairs can be carried out, use this form:
To tell a rental provider you are vacating the property because it doesn’t meet minimum standards, use this form:
Last updated: 24 January 2023