Legislation

29 Jan

NOTE: For more information about any of the topics covered in this chapter, and for legal advice in relation to tenancy, contact Tenants Victoria (www.tenantsvic.org.au; 9416 2577).

The Residential Tenancies Act 1997 (Vic) (‘RT Act’) sets out the rights and duties of:
- residential renters (renters) and rental providers (landlords);
- caravan park residents and caravan park owners;
- rooming house residents and rooming house owners;
- site tenants and site owners; and
- specialist disability accommodation residents and specialist disability accommodation providers.
This chapter focuses on the law relating to renters and rental providers. There is also information about the rights and obligations of site tenants, and of residents of rooming houses, caravan parks and specialist disability accommodation – these are quite different from those of renters.
ANTICIPATED CHANGES
In September 2023, the Victorian Housing Statement foreshadowed numerous changes to the Act which may amend certain laws in the near future. .
For more information, see www.vic.gov.au/protecting-renters-rights; and www,engage.vic.gov.au/new-minimum-standards-for-rental-properties-and-rooming-houses.
TIPS FOR PROTECTING YOUR RIGHTS
- Wherever possible, download prescribed forms to take action, from the ‘Housing’ section of www.consumer.vic.gov.au.
- To apply to the Victorian Civil and Administrative Tribunal (VCAT), visit www.vcat.vic.gov.au. Look under ‘Residential Tenancies List’ to download the general application form and guides for renters or rental providers – or you can register online.
- If you are experiencing family violence or personal safety issues, consider using the Application by a Person Experiencing Personal or Family Violence – Residential Tenancies Application on VCAT’s website. You should also seek support from a family violence service or from VCAT’s family violence support worker.
- Always take extensive photos of a property at the beginning and end of a rental agreement.
- Put any additional terms of the rental agreement (lease) in writing in the ‘additional or special terms’ part of the rental agreement before signing the agreement.
- Always get receipts when you make cash payments and be mindful of scams involving rental properties.
- Correspond by email to ensure you have a copy; after phone calls, send an email confirming the discussion.
- Attach photos of issues in dispute to emails.
- Scan or photocopy rental documents.
- In cases of severe breaches or hostile conduct, get to safety, call the police on 000, seek advice about getting an intervention order if appropriate, and consider using a video phone to record incidents (only if safe to do so).