Not Legal Advice: 'My House Has Been Without a Shower For Two Months – What Now?'

“When I moved into my inner-Melbourne sharehouse in August 2023, the shower was visibly broken. The whole house has severe water damage that has sloped the foundations – the whole structure is on a slant.

This damage to the floorboards throughout the house meant the plastic base in the shower had cracked and the water, rather than draining properly, pooled an inch or two high. The excess water caused mould and attracted a lot of slugs and flying insects.

After months of requesting it be fixed, on November 27 (with one day’s notice) the landlord’s son came and began ripping up the entire bathroom. He removed everything so we were left with a giant pit of dirt behind the door (luckily the toilet is separate) that brought other insects and rodents into the house.

We were initially told we could be without a shower for a week or two. The landlord recommended we buy gym memberships so we can bathe. It’s now January 30 and we still don’t have a complete bathroom. Works have been happening, and it’s getting close, but we don’t know when it will be finished and ready for us – “maybe next week,” they’ve told us.

It’s a private rental so we have no lease or signed rental agreement. The landlord agreed to waive rent while the works are happening, but they haven’t provided any alternatives so we’ve been calling on favours from friends and family. I would rather be paying rent and have a liveable home!

Have any Victorian laws been broken? Does the landlord have to provide an exact timeline for major repairs? Do they have to provide any other compensation or alternative accommodation?” 

Firstly, as you say it’s a private rental, we assume you’re renting directly off the owner or landlord (now legally called a ‘rental provider’), with no real estate agent. Unfortunately, it’s common for rental providers to not be fully across their legal obligations (not an excuse, but the laws can be confusing).

Being in Victoria, the state’s main rental law is called the Residential Tenancies Act 1997 (Vic). The Act requires rental properties to be reasonably clean when a renter moves in and kept in good repair throughout their stay. On top of this, there are specific minimum standards rental properties have had to meet since March 2021. Relevantly, these require that a rental property be structurally sound and waterproof, free from mould and damp related to the building structure, and contain a working shower or bath.

If these requirements are not met, the rental provider must ensure repairs are completed by someone who is suitably qualified – i.e. registered or licensed to carry out the works. Under Victorian law, there are “urgent” and “non-urgent” repairs. Urgent repairs are more serious: gas leaks, flooding, fire damage, etc (there’s a full list in the Act) and must be fixed as soon as possible. Not having a working shower and pest infestations related to the building are probably urgent repairs. A renter must give written notice to a rental provider of damage to a property.

There is no specific requirement for a rental provider to give an exact timeline of repairs or provide alternative accommodation. However, the longer repairs take and the more disruption the renter experiences, the more compensation they may be entitled to.

If repairs are not done quickly enough, the renter may apply to the Victorian Civil and Administrative Tribunal (VCAT) for orders requiring the rental provider to carry out the repairs within a certain timeframe. A renter could also report the rental provider to Consumer Affairs Victoria who might contact the rental provider and explain their obligations to them.

Unfortunately, forcing a rental provider to carry out repairs and seeking compensation can be complicated. We would recommend that you contact your local community legal service for free advice on your specific circumstances. 

Government fact sheets or tenants unions can be a good place to state – each state has them. If you live in Victoria and need to speak to a lawyer, you can contact WEst Justice or Anika Legal, which offers a free consultation service.

Or if you just need to vent about a fucked landlord, rental situation or a general rental horror story, you can email us at viceeditorial@pedestriangroup.com.au, and we’ll pass the story on.

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