Withholding rent is a complex issue in Victoria, and while tenants have rights regarding property maintenance, directly withholding rent is generally not the legally recommended course of action as of December 2025. It’s crucial to understand the specific processes outlined by Consumer Affairs Victoria.
Currently in Melbourne, if a landlord fails to address essential repairs – those impacting habitability like heating, plumbing, or structural issues – a tenant must first formally notify the landlord in writing. If no action is taken within a reasonable timeframe, the tenant can apply to the Victorian Civil and Administrative Tribunal (VCAT). VCAT may order the landlord to complete the repairs and potentially compensate the tenant. In the Eastern Suburbs, where we often see established family homes, issues like dampness or garden maintenance impacting building structure are common repair requests. As of December 2025, VCAT processing times are averaging 4-6 weeks. It’s important to note that even while pursuing a VCAT claim, tenants are generally expected to continue paying rent. A property’s condition can significantly impact its saleability; prospective buyers in 2026 will favour well-maintained homes, and unresolved repair issues can lower offers. Preparing a detailed property report during the selling process, including any past repair requests, is standard practice at Fletchers.
Navigating these processes requires careful adherence to Victorian legislation, and seeking legal advice is always recommended.