My VIC rental has no working heater in winter. what can I do?
Common VIC scenario
My ducted heating in Melbourne stopped working in early July. I reported it to the agent two weeks ago via email but they keep saying 'we are getting quotes'. It is now 5°C overnight and my kids are sleeping in jumpers. What are my actual rights?
Short answer: A working heater in the main living room is a minimum standard under Victorian law. The agent has no excuse for two-week delays. you can arrange an urgent repair yourself and claim it back, or apply to VCAT for an urgent hearing.
1. Minimum standards
Under Schedule 4 of the Residential Tenancies Act 1997 (VIC) (in force since 29 March 2021):
"There must be a fixed heater in good working order in the main living area, with a 2-star energy rating or higher, capable of heating the room to a comfortable temperature."
If the heater does not work, the rental does not meet minimum standards. You did not have to accept the rental this way. the landlord is in breach from day one of non-compliance.
2. Urgent repairs
Under s 72 of the RTA 1997 (VIC), heating failure in winter is classed as an urgent repair. The process:
1. You must give the landlord/agent a reasonable opportunity to fix it. usually 24-48 hours, NOT two weeks.
2. If they do not act, you may arrange the repair yourself with a qualified contractor up to a limit of $2,500.
3. The landlord must reimburse you within 7 days of receiving the invoice.
3. What to do today
Step 1. Send a written ultimatum (email + text, keep copies):
*"Further to my email of [date], the ducted heating has been inoperable for [X] days. This is an urgent repair under s 72 RTA 1997 (VIC), and the property is not meeting the minimum standard for fixed heating in the main living area (Schedule 4). I require the heater to be repaired by [date 48 hours from now]. If it is not, I will arrange a qualified contractor under s 72 and recover the cost from you under s 73."*
Step 2. If still no action, get a quote from a licensed contractor. Arrange the repair (within the $2,500 cap). Send the invoice to the agent for reimbursement within 7 days.
Step 3. Apply to VCAT for an urgent hearing if the agent disputes the bill or you cannot afford to front the cost. Use the Tenancy Application for Urgent Repairs form on vcat.vic.gov.au.
4. Rent reduction
You may also be entitled to a rent reduction under s 78 for the period the heating was broken, on the basis the premises were not fit for their stated purpose. VCAT routinely awards 10-30% rent reductions for unaddressed minimum-standard breaches.
Free legal help
Tenants Victoria. free advice line: (03) 9416 2577 (tenantsvic.org.au).
Not legal advice. Compass is an AI assistant. for advice on your specific situation, contact your state's free Tenants' Union.
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