VCAT Tenant Bond Claim: How to Get Your Deposit Back in Victoria

Bond Disputes Don't Go to the Civil Claims List

If your landlord or real estate agent is holding onto your bond and you want it back, VCAT is the right place — but not the Civil Claims List. Bond disputes under a residential tenancy agreement go to VCAT's Residential Tenancies List, which operates under the Residential Tenancies Act 1997 (Vic), not the consumer and trader legislation that covers the Civil Claims List.

This matters because the forms, fees, and procedures are different. Filing in the wrong list wastes your application fee and delays resolution.

How Bond Recovery Works in Victoria

Residential bonds in Victoria are held by the Residential Tenancies Bond Authority (RTBA), not by the landlord or agent. When a tenancy ends, the RTBA repays the bond as agreed by the parties or as directed by an order. If they cannot agree, the renter or rental provider can start the dispute-resolution process.

Step 1: Claim your bond through the RTBA. After the tenancy ends, a renter can start a bond claim through the RTBA. The RTBA notifies the other parties, who have 14 days to dispute the claim by applying to VCAT or Rental Dispute Resolution Victoria (RDRV). If no one contests it, the RTBA repays the bond as directed after 14 days, or sooner if everyone agrees.

Step 2: Use Rental Dispute Resolution Victoria (RDRV). For a bond or compensation dispute, start through RDRV's myRDRV portal. RDRV tries to resolve the dispute before a VCAT hearing; the resolution stage is free, and a fee is payable only if a hearing is needed. Check VCAT's current fee information before a hearing.

Step 3: Attend a hearing if the dispute is not resolved. If RDRV does not resolve the matter, it can proceed to a VCAT hearing, where a member decides the dispute. Bring evidence of the property's condition at move-in (your condition report) and move-out (your own photos, the final inspection report, and any correspondence about the claimed damage).

When a Bond Dispute Might Fit the Civil Claims List

In rare situations, a deposit dispute might belong in the Civil Claims List instead of the Residential Tenancies List:

• Short-term accommodation that isn't a residential tenancy. If you paid a deposit for a holiday rental, Airbnb-style arrangement, or commercial lease that doesn't fall under the Residential Tenancies Act, the dispute is a general consumer or contract matter — Civil Claims List.
• The deposit was for a service, not a tenancy. A cleaning deposit to a removalist, a holding deposit to a storage facility, or a prepayment for a service that was never delivered — these are goods and services disputes.

For these non-tenancy deposits, the filing fee is $202.10 (standard rate) or $67.40 (concession) for claims up to $15,000.

Landlords Claiming Unpaid Rent

If you're a landlord and your tenant left without paying rent, use the residential-tenancy dispute process for claims under the Residential Tenancies Act. Eligible bond and compensation matters can start through RDRV, with a VCAT hearing if needed. The RTBA can direct the bond towards arrears if the parties agree or an order allows it.

For debts that arise outside a residential tenancy — for example, a commercial tenant who owes rent under a commercial lease — the Magistrates' Court (for amounts up to $100,000) or VCAT's Civil Claims List (if the lease involves goods or services elements under the ACLFTA) may be appropriate.

Key Evidence for Bond Disputes

Whether you're the tenant or the landlord, the condition report is the critical document. In Victoria, landlords must provide a condition report at the start of the tenancy, and the tenant must complete and return it within five business days. At the end of the tenancy, both parties compare the condition report against the property's current state.

Bring to the hearing:

• The signed condition report from the start of the tenancy
• Photos from move-in and move-out
• The final inspection report
• Receipts for any cleaning or repairs you paid for
• Correspondence with the landlord or agent about the bond claim

If your dispute is a general goods or services matter (not a residential tenancy), the VCAT Civil Claim Filing Guide covers the full Civil Claims List process from demand letter through to hearing preparation.

See more Victoria guides →