One of the most common disputes revolves around the condition of a property at the end of a tenancy. We manage this expectation proactively and legally. The Residential Tenancies Act requires a renter to leave the property "reasonably clean and in the same condition as when the renter entered into possession of the premises, taking into account fair wear and tear."

"Reasonably Clean" is NOT "Professionally Clean." While we encourage and coordinate professional cleaning, the legal standard is relative to the property's condition at the start of the lease and the standard of cleaning provided by the rental provider. We use detailed entry condition reports and high-resolution photography to objectively document this baseline.

Fair Wear and Tear: This refers to the deterioration that occurs through the ordinary, reasonable use of a property. Examples include faded curtains, minor traffic marks on a wall, or slight indentations in the carpet. This is the rental provider's cost of doing business and is not chargeable to the renter.

Renter Damage: This is damage that goes beyond normal use (e.g., impact damage, heavy staining, holes in walls). This is the renter's responsibility. Our expertise is in clearly defining the difference and applying for compensation correctly when required.

The Residential Tenancies Act 1997 places a strong emphasis on resolving disputes outside of formal legal proceedings.

What is RDRV? RDRV is a free and independent service run by Consumer Affairs Victoria (CAV) that was created to help rental providers and renters resolve specific disputes (like repairs and maintenance) via fast, facilitated discussions before they escalate to VCAT.

The Process: For certain issues, we must attempt to resolve the dispute through RDRV first. This step is designed to save time, reduce stress, and minimize cost.

Ascension's Implementation: We manage the entire RDRV application and mediation process, presenting your case with clarity and supporting documentation to secure the best possible outcome without unnecessary litigation

When a dispute cannot be resolved through RDRV or direct negotiation, legal action may be required.

Victorian Civil and Administrative Tribunal (VCAT) vs. Magistrates' Court of Victoria

VCAT: This is the most common with rental disputes. VCAT is the primary venue for resolving disagreements between rental providers and renters who both live in Victoria.
Magistrates: If either the rental provider (rental provider) or the renter lives in another state, the matter must be heard in the Magistrates' Court, as VCAT lacks jurisdiction in these cases.

The decision about where to go is based on the parties' residency at the time the application is lodged, not when the dispute began. Both courts deal exclusively with residential tenancy matters (disputes over bonds, compensation, termination, possession, compliance).

Ascension's Role: We prepare, file, and attend all VCAT hearings on your behalf. Our deep legislative knowledge ensures your case is presented professionally and thoroughly. If a VCAT order requires further enforcement, we advise on the process and coordinate this on your behalf.