VCAT Case Summaries

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When Can You Claim Advertising and Letting Costs?
Andrew Nguyen Andrew Nguyen

When Can You Claim Advertising and Letting Costs?

In Hogan v Joshi [2025] VCAT 548, a RRP tried to claim rent, letting fees, and advertising costs after a tenant broke their fixed-term lease early. But VCAT took a hard look at what compensation really means under the Residential Tenancies Act. The Tribunal found that routine vacancy days between tenancies aren’t compensable and that advertising and letting costs must be tied to the lease that was broken — and pro-rated accordingly. The case is a must-read for property managers who regularly file break lease claims.

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When Danger Doesn’t Automatically Mean Eviction
Andrew Nguyen Andrew Nguyen

When Danger Doesn’t Automatically Mean Eviction

In Homes Victoria v Marsden [2025] VCAT 690, a renter convicted of assaulting her elderly neighbour faced eviction under a danger notice. While the Tribunal accepted that her conduct endangered neighbours, it ruled that eviction would be disproportionate given her homelessness risk and ongoing rehabilitation. Instead, VCAT adjourned the possession application until 2027, with a right of renewal if the renter reoffends or breaches her Community Corrections Order.

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Do Renters Have to Give 28 Days’ Notice at the End of a Fixed Term?
Andrew Nguyen Andrew Nguyen

Do Renters Have to Give 28 Days’ Notice at the End of a Fixed Term?

In Tang v Ferolino [2025] VCAT 680, VCAT confirmed that a residential rental agreement does not simply “expire” at the end of a fixed term. If renters want to leave on the end date, they must give 28 days’ notice under s 91Z. Failure to do so can result in compensation to the residential provider.

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Invalid Rent Increase Doesn’t Guarantee a Refund: Janover v Liberman [2025] VCAT 264
Andrew Nguyen Andrew Nguyen

Invalid Rent Increase Doesn’t Guarantee a Refund: Janover v Liberman [2025] VCAT 264

Can a renter get their money back after paying under an invalid rent increase notice? VCAT says no — despite the notice being technically non-compliant. This case dives into the difference between invalidity and actual loss, and why VCAT refused to order a refund. Castellan unpacks the ruling and explains why property managers shouldn’t get complacent.

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