A tribunal outcome can resolve a dispute. It does not automatically become a price list for every future transfer.
Quick answer: In Victoria, a rental provider cannot charge a fee for giving consent to a tenancy assignment. It may, however, require expenses that are both reasonable and reasonably incurred because of that assignment. There is no official statewide dollar cap, per-person formula, hourly rate or published “normal” fee. If VCAT has set a figure in your matter, begin with the exact operative orders and reasons: they may concern a particular payment or event, not every future transfer. For the next transfer, request written consent, ask what the proposed total covers, preserve the actual timeline and obtain tenancy advice before withholding a payment, transferring without consent or taking a review/appeal step.
Editorial note: This article is general information, not legal advice. The effect of a VCAT order, a requested amount, a transfer delay and any review or appeal option depends on the order’s exact wording, the agreement and the facts. Get qualified Victorian tenancy or legal advice promptly before a deadline or irreversible step.
When renters replace a person on a shared agreement, the conversation often becomes a debate about what is “normal.” A previous fee, an online rule of thumb or an earlier VCAT case can be useful context. None is a substitute for the statutory test or the order in front of you.
The practical question is narrower: what expense was reasonably incurred because of this specific assignment, and what does the current order actually decide?
Start with the law’s two-part distinction
Under sections 81–84 of Victoria’s Residential Tenancies Act 1997, an assignment of a rental agreement requires the rental provider’s written consent unless VCAT decides that consent is not required. The provider must not unreasonably withhold consent.
The fee rule has two parts:
| The question | Victoria’s rule |
|---|---|
| Can a provider charge for giving consent? | No. A rental provider must not demand or receive a fee or payment for consent itself, or refuse consent because the renter will not pay one. |
| Can a provider recover assignment-related expenses? | Yes, but only expenses that are reasonable and reasonably incurred because of the assignment. |
Residential Tenancies Act 1997 (Vic), sections 81–84
Consumer Affairs Victoria expresses the same distinction in plainer language: there is no fee for consent, but a provider may ask for reasonable costs of preparing a new rental-agreement document if it agrees to the transfer. Consumer Affairs Victoria: Transferring a rental agreement
The legislation does not publish a price cap, a per-person formula, a universal hourly rate or a statewide “usual” price. That means a flat fee, a two-person fee or a fee that changed over time is not automatically lawful or unlawful from its label alone. The question remains whether it is a reasonable expense reasonably incurred because of the assignment.
Read the order before trying to negotiate the number
After a VCAT hearing, the first document to study is the numbered operative order, then any written reasons. Create a one-page order map:
| Read for | Why it matters |
|---|---|
| Parties and property | Confirms who and what the order covers |
| Amount and wording | Shows whether the figure is a refund, a charge for a completed transfer, or another remedy |
| Date and payment direction | Identifies what must happen and when |
| Scope language | Reveals whether the order addresses a particular event or expressly applies more broadly |
| Reasons | May explain the evidence and statutory test, but do not replace the operative order |
Do not assume a number set in one proceeding is an approved fee for all later transfers. A later assignment is a new factual event. You can ask the provider in advance what it says the total covers, but a future email exchange does not itself rewrite an existing VCAT order.
Do not confuse three different transfer questions
| Issue | The useful question |
|---|---|
| Consent | Has written consent been requested, given or unreasonably withheld? |
| Expense | Is the requested amount a reasonable expense reasonably incurred because of this assignment, rather than payment for consent? |
| Tribunal order | What does the specific order require, and does it deal with this transfer or a completed earlier one? |
Keeping the questions separate helps avoid a common mistake: treating every administration task, every general overhead cost or every historical fee as the answer to the statutory test. It also avoids the opposite mistake of assuming that no assignment-related cost can ever be requested.
For the next transfer, build an evidence file before the dispute
The Act and Consumer Affairs Victoria do not prescribe one compulsory itemised-invoice format for every assignment. But a clean record makes it easier to discuss the reasonableness of a proposed expense and, if necessary, seek advice.
Keep these items together:
- The current rental agreement and any clause about assignment or transfers.
- Your dated written request for consent and the incoming renter’s completed documents.
- The provider’s written consent, refusal or request for more information.
- The fee request, invoice, receipt and the provider’s explanation of what it covers.
- A timeline of document preparation, information requests, applicant assessment, follow-ups, signing and bond steps.
- The final VCAT orders and written reasons from any earlier proceeding.
- RTBA transfer records, where a bond transfer occurs.
- Earlier transfer records as comparison material—not as automatic proof of a future lawful fee.
A neutral pre-transfer request could say:
Subject: Proposed tenancy assignment — consent and assignment-expense information
We are preparing a written request to assign the rental agreement. Before the request is finalised, please confirm the documents you require, the correct contact for consent, and the total assignment-related expense you propose to request if consent is given.
Please identify what the amount covers and provide it in writing. We will keep the transfer request, documents, responses and RTBA steps in a dated record. This is a request for information and does not waive any rights under the rental agreement or Victorian law.
The purpose is to create clarity without accusing the provider of wrongdoing or agreeing that an amount is reasonable before you have the documentation.
A 10-day timeline is evidence—not a statutory benchmark
It is understandable to want a clear turnaround standard. But the transfer provisions reviewed do not state a general number of days in which a Victorian rental provider must decide an assignment request. A period such as 10 days is not, by itself, proof that the provider complied with or breached the transfer rules.
There are separate post-transfer bond deadlines that are easy to mix up with consent timing. When a bond transfer applies, the rental provider must start the RTBA renter-transfer transaction within five days after the transfer occurs. Once started, renters have 14 days to accept it before it times out. Those steps are not a deadline for granting assignment consent. Consumer Affairs Victoria: Transferring renters on a bond
So record the actual process:
| Date | Record |
|---|---|
| Consent request sent | Full request and attachments |
| Any missing-information request | Exact information sought and when supplied |
| Follow-ups | Date, sender and response |
| Consent or refusal | Written decision and stated reason |
| Agreement and bond steps | Signing, RTBA initiation and acceptance dates |
This timeline may be more useful than arguing from a generic service target.
Know the narrow boundaries after an order
An order that feels too high is not automatically open to a new price negotiation. The available procedural route depends on the exact issue, attendance at the hearing and deadlines.
- Correction: VCAT can correct clerical mistakes, accidental slips or omissions, material miscalculations or misdescriptions, and defects of form. Its current practice note says a correction request cannot be used to re-argue the merits or obtain further review. VCAT Act, section 119 · VCAT Common Procedures Practice Note
- Reopening: A section 120 application is not a general do-over for a party who attended and was represented. It is for a person against whom an order was made who did not appear and was not represented, subject to the statutory test. VCAT’s application information states a 14-day window after becoming aware of the order. VCAT Act, section 120 · VCAT: Application to reopen an order
- Appeal: An appeal is on a question of law and requires leave of the relevant Supreme Court division; it is not a fresh argument about a preferred dollar figure. Time limits can be short. VCAT Act, section 148
These are procedural signposts, not a recommendation to take any of them. Get individual legal advice promptly if you think the order contains a material error or a legal issue.
Do not substitute a lease-break formula for an assignment rule
An assignment places another renter into the agreement. Ending a fixed-term agreement early can involve a different legal and factual analysis, including actual loss, advertising and re-letting costs. Consumer Affairs Victoria treats those topics separately. Do not apply a lease-break formula to an assignment fee without advice. CAV: Leaving a rental property early
Official sources
- Residential Tenancies Act 1997 (Vic), sections 81–84
- Consumer Affairs Victoria: Transferring a rental agreement
- Consumer Affairs Victoria: Transferring renters on a bond
- Victorian Civil and Administrative Tribunal Act 1998
- VCAT Common Procedures Practice Note
- Consumer Affairs Victoria: Leaving a rental property early
Frequently asked questions
Is there an official 2026 “normal” tenancy transfer fee in Victoria?
No statewide official tariff, dollar cap, per-person formula or average was identified in the current Act and Consumer Affairs Victoria guidance. The legal question is whether an amount is a reasonable expense reasonably incurred because of the assignment.
Is a per-person transfer fee automatically unlawful?
No. The current sources do not create a standalone per-person rule. The amount and structure still need to be considered against the reasonable-expenses test for the actual assignment.
Does a 10-day transfer process prove the provider is too slow?
Not by itself. The transfer provisions reviewed do not prescribe a general consent-decision timeframe. Keep a dated record of the request, documents, follow-ups and decision rather than treating one duration as a legal benchmark.
Can I transfer without written consent if I think the fee is unfair?
No. An assignment without written consent is invalid unless VCAT decides consent is not required. Get advice before taking a step that could affect the rental agreement. Residential Tenancies Act 1997 (Vic), sections 81–82
Can I ask VCAT to change an order because I now think the figure is too high?
Do not assume that you can. A clerical correction, reopening and appeal have narrow, different purposes and may have short deadlines. Read the order and obtain Victorian legal advice about the exact facts before filing anything.
Replace argument with a usable record
Pine can help you organise transfer requests, quotes, fee explanations, RTBA records, VCAT documents and a dated communication timeline. It cannot interpret an order, determine a reasonable expense or replace a Victorian tenancy service or lawyer. Open Pine to prepare the next step.
This article is general information, not legal advice. For an existing VCAT order, a disputed assignment expense or an impending transfer, get qualified Victorian tenancy or legal advice promptly.
