(a) must be in writing; and
(b) must be in the prescribed standard form for a fixed term residential rental agreement of more than 5 years unless it is in the form referred to in subsection (1).
Penalty: 25 penalty units.
(a) in the standard form for a fixed term not exceeding 5 years; or
(b) in the standard form for a fixed term of more than 5 years.
Penalty: 25 penalty units.
Notes1. Section 27C provides that terms about cleaning and safety-related repairs and related obligations may be included in a residential rental agreement in the standard form.2. In the case of a residential rental provider who is an SDA provider providing an SDA enrolled dwelling to an SDA resident, see Division 2 of Part 12A.
(a) a prescribed prohibited term for a residential rental agreement; or (b) a term referred to in section 27B.
Penalty: 25 penalty units.
(a) it purports to exclude, restrict or modify, or purports to have the effect of excluding, restricting or modifying—
(i) the application to that residential rental agreement of all or any of the provisions of this Act; or (ii) the exercise of a right conferred by this Act; or
(b) it is a prohibited term or a term that this Act provides must not be included in a residential rental agreement.
NoteSection 27A provides for terms that are additional to the terms contained in the standard form.
* * * * *
NoteThe Tribunal may declare under sections 28 and 472 that a term of a residential rental agreement is invalid.
(a) excludes, restricts or modifies a provision of the standard form for that agreement; or (b) purports to exclude, restrict or modify a provision of the standard form tenancy agreement for that agreement.
Penalty: 25 penalty units.
(a) a term that requires the renter to take out any form of insurance; (b) a term that exempts the residential rental provider from liability for an act of—
(i) the residential rental provider or that person's agent; or (ii) a person acting on behalf of the residential rental provider or that person's agent;
(c) a term that provides that if the renter contravenes the residential rental agreement, the renter is liable to pay—
(i) all or part of the remaining rent under the residential rental agreement; or (ii) increased rent; or (iii) a penalty; or (iv) liquidated damages;
(d) a term that requires all or part of the rented premises to be professionally cleaned at the end of the tenancy, unless that term is contained in the standard form; (e) a term that requires the renter to pay the cost of having all or part of the rented premises professionally cleaned at the end of the tenancy, unless that term is contained in the standard form; (f) a term that provides that, if the renter does not contravene the residential rental agreement—
(i) the rent is reduced; or (ii) the rent may be reduced; or (iii) the renter is to be paid a rebate or other benefit; or (iv) the renter may be paid a rebate or other benefit;
(g) any other prescribed prohibited term.
NoteSection 27 provides that terms which must not be included in a residential rental agreement are invalid.
(a) a prescribed term providing for all or part of the rented premises to be professionally cleaned if, during the term of the residential rental agreement, professional cleaning becomes required to restore the premises to the condition they were in immediately before the start of the tenancy, taking into account fair wear and tear; and (b) a prescribed term providing for the renter to pay the cost of having all or part of the rented premises professionally cleaned if, during the term of the residential rental agreement, professional cleaning becomes required to restore the premises to the condition they were in immediately before the start of the tenancy, taking into account fair wear and tear.
NoteSection 63A provides for the safety-related duties of a renter.
(a) a proposed residential rental agreement; or
(b) any other document which contains terms that are proposed to form part of the residential rental agreement—
to sign unless the residential rental provider has given the renter a copy of that proposed agreement or other document for the renter's own use.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
NoteIn the case of a residential rental provider who is an SDA provider providing an SDA enrolled dwelling to an SDA resident, see Division 2 of Part 12A.
(a) accepts rent without reservation; or (b) otherwise acted in part performance of the residential rental agreement.
(a) the day on which the rent was accepted, if the residential rental provider or that person's agent has accepted rent without reservation; or (b) if the residential rental provider or that person's agent has otherwise acted in part performance of the residential rental agreement, the day on which the act was performed.
(a) the residential rental provider and renter are subject to an existing residential rental agreement that is not in writing or that is only partly in writing; and (b) the renter is continuing in occupation of the rented premises after a previous fixed term residential rental agreement has ended.
(a) the terms of the residential rental agreement; and (b) a commencement date for the residential rental agreement which may be a date that is before the date the order was made.
A residential rental provider or that person's agent must not provide a person with an application form to apply to enter into a residential rental agreement unless the application form includes a statement that contains the prescribed information.
(a) refuse to let rented premises; or (b) instruct or permit that person's agent to refuse to let rented premises—
to another person under a residential rental agreement on the ground that the other person intends to live on the premises with a child.
Penalty: 25 penalty units.
(a) premises proposed to be let by a public statutory authority or body corporate for which the authority or body receives financial assistance for the provision of housing for lone persons or childless couples under an Act or an Act of the Commonwealth; or (b) premises that are the principal place of residence of the person refusing or instructing or permitting that person's agent to refuse to let the premises to a person intending to live with a child; or (c) premises that by reason of their design or location are unsuitable or inappropriate for occupation by a child.
(a) to refuse to let rented premises; or (b) to carry out any other function referred to in that subsection.
(a) Homes Victoria or its agent; (b) a registered agency or the registered agency's agent; (c) an authorised person (within the meaning of section 4(1) of the Housing Act 1983) who provides rented premises for a purpose referred to in section 142A(2)(a) of that Act; (d) a person who provides rented premises in accordance with a determination made under section 142E of the Housing Act 1983;
(da) an entity that provides rented premises as affordable housing in accordance with the Victorian Affordable Housing Programs; (e) a person who provides rented premises as affordable housing within the meaning of section 3AA of the Planning and Environment Act 1987.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered loss as a result of discrimination by the residential rental provider or that person's agent in contravention of this Division.
A residential rental provider or that person's agent must not use personal information disclosed by a person on an application form used to apply to enter into a residential rental agreement unless the use is for—
(a) assessing the person's suitability as a renter; or (b) any other requirement of this Act.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
(a) the renter's or the applicant's account; or (b) an account of any other adult member of the renter's or the applicant's household.
ExampleA redacted statement.
(a) Homes Victoria or its agent; (b) a registered agency or the registered agency's agent; (c) an authorised person (within the meaning of section 4(1) of the Housing Act 1983) who provides rented premises for a purpose referred to in section 142A(2)(a) of that Act; (d) a person who provides rented premises in accordance with a determination made under section 142E of the Housing Act 1983; (e) a person who provides rented premises as affordable housing within the meaning of section 3AA of the Planning and Environment Act 1987; (f) a residential rental provider of rented premises which are subject to a current allocation under the National Rental Affordability Scheme; (g) an entity that provides rented premises as affordable housing in accordance with the Victorian Affordable Housing Programs.
Before entering into a residential rental agreement, a residential rental provider must disclose the following information to the renter—
(a) if the residential rental provider has engaged an agent to sell the rented premises or prepared a contract of sale, that there is a proposal to sell the rented premises; (b) if a mortgagee has commenced a proceeding to enforce a mortgage over the rented premises, that a mortgagee is taking action for possession of the rented premises; (c) if the residential rental provider is not the owner of the rented premises, that the residential rental provider has a right to let the rented premises; (d) if the rented premises are supplied with electricity from an embedded electricity network, the prescribed details of the embedded electricity network; (e) any other prescribed information in relation to the rented premises.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
(a) a residential rental provider who is not acting in trade or commerce in entering into a residential rental agreement; and (b) the agent of a residential rental provider referred to in paragraph (a) who is not acting in trade or commerce.
(a) the residential rental provider's interest in the land; (b) the rent payable under the agreement; (c) the location of the premises to be let under the agreement; (d) the characteristics of the premises to be let under the agreement; (e) the use to which the premises to be let under the agreement are capable of being put or may lawfully be put; (f) the existence or availability of facilities associated with the premises to let under the agreement.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
NoteSection 472(1A) provides for orders that the Tribunal may make on an application or in proceedings in respect of a contravention of this section.
Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.
(a) that advertises or offers premises for rent; and (b) that does not state an amount of rent for premises.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
(a) a residential rental provider who is not acting in trade or commerce in entering into a residential rental agreement; and (b) the agent of a residential rental provider referred to in paragraph (a) who is not acting in trade or commerce.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
(a) the amount of rent payable under the residential rental agreement for one month, unless an order is in force under section 33; or (b) the maximum amount of the bond determined under an order in force under section 33.
Penalty: 60 penalty units.
* * * * *
A residential rental provider who wishes to demand a bond in relation to a residential rental agreement or proposed residential rental agreement which exceeds the limit set under section 31 may apply to the Tribunal for an order determining the maximum amount of the bond.
On an application under section 32, the Tribunal may make an order determining the maximum amount of bond payable if it considers that it is reasonable to increase the bond having regard to—
(a) the character, condition or quality of the goods, furniture or fittings let or provided under the residential rental agreement or proposed residential rental agreement; and (b) the character and condition of the rented premises.
(a) has paid a bond for the initial residential rental agreement under which the amount of rent payable for one week does not exceed the amount prescribed for the purposes of section 31; and
(b) continues in occupation of those premises under the subsequent residential rental agreement.
Penalty: 60 penalty units.
(a) a residential rental agreement for a fixed term of more than 5 years in the form referred to in section 26(1A)(b); or (b) an additional bond payable in respect of a renter's obligation to restore any modification the renter has made to the rented premises under section 64.
(a) the residential rental provider has given 120 days written notice in a form approved by the Director to the renter requiring an additional payment of bond; and
(b) the additional payment of bond is required by the residential rental provider after the expiry of a period of 5 years of continuous occupation by the renter; and
(c) the fixed term of the residential rental agreement—
(i) is extended by a period of at least 5 years from the expiry of the first fixed term; or (ii) has an unexpired period of 5 years or more; or
(iii) commences after a periodic residential rental agreement; or
(iv) commences after the expiry of a fixed term residential rental agreement, whether in the form prescribed for the purposes of section 26(1) or 26(1A)(b)(ii).
(a) calculating a total amount of bond for the next 5 year period of the residential rental agreement by using the rent payable at the commencement of the next 5 year period of the residential rental agreement as a basis for that bond's calculation; and (b) subtracting the total amount of bond currently lodged with the Authority from the total amount of bond calculated under paragraph (a).
ExampleFor the first 5 year period of a residential rental agreement, the rent payable is $400 per week. The bond is 4 weeks rent, or $1600. For the next 5 year period of the residential rental agreement, occurring immediately after the first period, the rent payable is increased to $520 per week. The bond amount calculated by 4 weeks rent at the new amount of rent payable ($520 per week) is $2080. If a term referred to in this section is included in the residential rental agreement, the residential rental provider would be permitted to require the renter to pay an additional amount of bond for $480. This amount is proportionate to the increase in rent payable under the residential rental agreement.
(a) to vary any term in the residential rental agreement that permits the residential rental provider to require an additional amount of bond; or (b) to vary the amount of additional amount of bond to be paid.
(a) whether the residential rental provider or renter are otherwise in breach of any term of the residential rental agreement or this Act; and
(b) the financial circumstances of the renter and the residential rental provider; and (c) the condition of the rented premises; and (d) any other matter VCAT considers to be relevant to the making of the order.
Penalty: 25 penalty units.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) signed by or on behalf of the renter; or
(b) with an endorsement so signed to the effect that the renter agrees or disagrees with the whole or any specified part of the report.
(a) in the presence of the other party; or (b) in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.
(a) that the condition report is to be amended in the manner specified in the order; or (b) that the condition report is not required to be amended.
(a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the premises; or
(b) any statement in the report about which the renter records a written comment disagreeing with that statement on the copy of the report completed by the renter; or
(c) a statement that the residential rental provider has disagreed with in writing on the condition report, if the report was completed by the renter before it was completed by the residential rental provider.
Penalty: 60 penalty units.
(a) has not paid a bond or has not been required to pay a bond; and
(b) has obtained a guarantee in relation to a residential rental agreement—
the guarantee is unenforceable against the guarantor to the extent to which the amount guaranteed exceeds the amount of rent payable under the residential rental agreement for 1 month.
For the purposes of this Act, rent under a residential rental agreement accrues from day to day and, subject to section 91ZH, is recoverable or refundable on that basis.
Penalty: 60 penalty units.
Despite section 40, a residential rental provider must not require a renter to pay rent under a residential rental agreement more than 2 weeks in advance if the period in respect of which rent is payable under that agreement is not more than 1 week.
Penalty: 60 penalty units.
(a) if a place for payment of rent is specified in the agreement, at that place; or (b) if no place is specified in the agreement, at the rented premises.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth; (b) any prescribed payment method.
(a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.
Penalty: 25 penalty units.
(a) the end of 12 months after receiving the payment; or
(b) if a renter requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the renter.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
(a) the name of the renter and the rented premises; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent.
(a) the amount of the rent increase; and (b) the method by which the rent increase was calculated; and (c) a statement informing the renter of the renter's right under section 45 to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.
(a) provides for a rent increase within the fixed term of a specified amount and the increase is not more than that amount; or (b) specifies the method by which a rent increase within the fixed term is to be calculated and the increase is not more than an amount calculated using the specified method.
(a) a rental rebate is applied, adjusted or cancelled under a residential rental agreement where the residential rental provider is Homes Victoria, a registered agency or a provider of affordable housing under the Victorian Affordable Housing Programs; and (b) the application, adjustment or cancellation of that rental rebate caused an increase in the amount payable by the renter under that residential rental agreement.
(a) considers that the rent under a residential rental agreement is excessive having regard to the fact that the residential rental provider has reduced or withdrawn services, facilities or other items provided with the rented premises; or
(b) has received a notice of a rent increase and the renter considers that the proposed rent is excessive.
(a) carry out an investigation; and
(b) give a written report to the renter and a copy of the report to the residential rental provider.
(a) include a statement informing the renter of the renter's right under section 46 to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in section 47(3).
(a) be made within 30 days after the renter receives the Director's report;
* * * * *
(a) make an order—
(i) declaring the rent or proposed rent excessive; and (ii) directing that for the period specified in the order the rent must not exceed the amount specified in the order; or
(b) dismiss the application.
(a) the rent payable for comparable rented premises let under a residential rental agreement by a residential rental provider, other than a public statutory authority, in the same locality; (b) the state of repair and general condition of the rented premises; (c) the cost of goods and services and facilities provided with the rented premises;
(d) any charges in respect of the rented premises for which the residential rental provider is or may be liable under this Act or any other Act or the residential rental agreement;
(e) the cost of goods and services and facilities provided by the renter under the residential rental agreement;
(f) any charges payable by the renter under this Act or any other Act or the residential rental agreement;
(g) any work which the renter has done with the residential rental provider's consent or agreed with the residential rental provider to do to the premises;
(h) any changes in the rent and the condition of the rented premises or facilities since the commencement of the residential rental agreement and since the last rent increase;
(ha) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases; (i) any valuation of the rented premises.
(a) the amount of rent payable under the residential rental agreement for the period commencing on the day that the renter—
(i) applied to the Director to investigate; or (ii) applied to the Tribunal under section 46(3)—
and ending on the day immediately before the day on which the order is made; and
(b) the maximum amount of rent that would have been payable for that period if the order had been made on the day on which that application was made.
A person must not take or dispose of a renter's goods on account of any rent owing by the renter.
Penalty: 60 penalty units.
A person who in respect of a proposed residential rental agreement receives a payment from a renter as a sign of good faith must refund the payment to the renter—
(a) on the agreement being entered into, if it is entered into before the end of 14 days after the day on which the person received the payment; or (b) on the next business day after the end of that period, if the agreement was not entered into within that period.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the first issue of a rent payment card under a residential rental agreement; or
(b) the establishment or use of direct debit facilities or any other electronic payment facility for payment of rent under a residential rental agreement.
Penalty: 60 penalty units.
Subject to section 53AA, a renter is liable for—
(a) all charges for the supply or use of electricity, gas or oil in respect of the renter's occupation of rented premises that are separately metered, except for the installation costs and charges for the initial connection of the service to the rented premises; and (b) all charges for the use of any gas bottles (including supply or hire of the bottles) in respect of the renter's occupation of the rented premises; and (c) in respect of rented premises that are separately metered—
(i) the cost of all water supplied to the premises during the renter's occupancy if the cost is based solely on the amount of water supplied; and (ii) that part of the charge that is based on the amount of water supplied to the premises during the renter's occupation if the cost of water supplied is only partly based on the amount of water supplied to the premises; and (iii) all sewage disposal charges imposed during the renter's occupation of the rented premises by a water corporation under the Water Act 1989.
(a) the installation costs and charges in respect of the initial connection to rented premises of any electricity, water, gas, bottled gas or oil supply service;
(ab) all rates, taxes or charges payable under any Act other than charges payable by the renter under this Division;
(b) all charges in respect of the supply or use of electricity, gas (except bottled gas) or oil by the renter at rented premises that are not separately metered; (c) all charges arising from a water supply service to separately metered rented premises that are not based on the amount of water supplied to the premises;
(d) water charges in respect of rented premises which are not separately metered, including—
(i) all sewage disposal charges imposed by a water corporation under the Water Act 1989; and (ii) all costs and charges related to a water supply service; and (iii) water supplied to the rented premises;
* * * * *
(f) all charges related to the supply of sewerage services or the supply or use of drainage services to or at the rented premises;
(g) all charges related to the supply or hire of gas bottles to the rented premises;
(h) any other prescribed charges.
ExampleExcessive usage charges caused by a leak in the underground pipe of a water service connected to rented premises.
(a) the renter notified the residential rental provider, as soon as practicable, of—
(i) the excessive usage charges; and (ii) the fault that caused the excessive usage; and
(b) the fault was not caused by any action or omission of the renter.
(a) whether the renter had knowledge of the fault; (b) whether the renter took reasonable steps to notify the residential rental provider, or that person's agent, of the fault; (c) whether the renter has been compensated by another person for any part of the excessive usage charges; (d) whether the residential rental provider has complied with this Act in respect of any urgent repairs; (e) any diagnosis made by a water authority or other suitably qualified person in respect of the fault; (f) any maintenance and repairs conducted by the residential rental provider; (g) any other matter the Tribunal considers appropriate.
(a) a key or another security device to enable each renter to access and enjoy the rented premises; or (b) a key and another security device if both are required to enable each renter to access and enjoy the rented premises.
Penalty: 60 penalty units.
(a) must be claimed by the renter and the residential rental provider has given the renter an opportunity to claim it and the renter does not do so by the payment date set by the relevant supplier of the utility; or
(b) is paid directly to the renter as a refund.
(a) the imposition of the service charge; or (b) the increase or decrease made to the service charge, including particulars of the change in the cost of providing the services or facilities referred to in subsection (3).
(a) withdraw the service charge; or (b) vary the amount of the service charge; or (c) otherwise vary the service charge as the Tribunal thinks fit.
(a) rates or taxes based solely on the amount of a substance or service that is supplied to the premises; or
(b) a fixed term residential rental agreement for a period exceeding 1 year.
A renter must not use the rented premises or permit their use for any purpose that is illegal at common law or under an Act.
(a) use the rented premises or common areas; or (b) permit his or her visitors to use the rented premises or common areas; or (c) otherwise permit the use of the rented premises—
in any manner that causes an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) rented premises; and (b) any common area in respect of the rented premises.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) the fact that the damage has occurred; and (b) the nature of the damage.
(a) may be given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; and (b) is not otherwise subject to the requirements of section 506.
(a) reasonably clean; and (b) in the same condition as when the renter entered into possession of the premises, taking into account fair wear and tear to the premises.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) install any fixtures on the rented premises; or (b) make any alteration, renovation or addition to the rented premises that are not prescribed modifications under subsection (1).
(a) that do not penetrate or permanently modify—
(i) surfaces; or (ii) fixtures; or (iii) the structure of the property; or
(b) that are required for health and safety purposes; or (c) that are—
(i) reasonable alterations within the meaning of section 55 of the Equal Opportunity Act 2010; and (ii) assessed and determined to be required modifications by an accredited occupational therapist or a prescribed practitioner; or
(d) that ensure access to telecommunications services; or (e) that are reasonable security measures; or (f) that are necessary to ensure the safety of a party to the existing residential rental agreement who—
(i) has been or is being subjected to family violence by another party to that agreement (including a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO); or (ii) is a protected person under a personal safety intervention order made against another party to that agreement; or
(g) that are necessary to—
(i) increase the thermal comfort of the premises; or (ii) reduce energy and water usage costs for the premises; or
(h) that are prescribed modifications for the purposes of this subsection.
(a) a valid notice to vacate has been given to the renter in connection with an imminent change of possession, use or ownership of the rented premises; or (b) the modification—
(i) would significantly change the premises; or (ii) would require modifications to other premises or common areas; or
NoteSection 56 of the Equal Opportunity Act 2010 applies to alterations to common property.
(iii) would result in non-compliance with any other Act or law; or
ExampleNon-compliance with the Building Act 1993.
(iv) would result in additional maintenance costs for the residential rental provider if the rented premises were not restored at the end of the renter's occupation of premises; or
(c) any action required to restore the rented premises to the condition the premises were in immediately before the modification is not reasonably practicable in the circumstances.
(a) restore the premises to the condition they were in immediately before the installation, renovation or addition, fair wear and tear excepted; or
(b) pay the residential rental provider an amount equal to the reasonable cost of restoring the premises to that condition.
(a) the residential rental agreement otherwise provides; or
(b) the residential rental provider and the renter otherwise agree.
(a) the amount of bond is less than $500; or (b) the amount of bond is not proportionate to the reasonable costs of restoring the premises to the condition the premises were in immediately before the modification; or (c) the residential rental provider and renter have agreed under subsection (3) that the renter is not required to restore the premises; or (d) the residential rental provider has agreed that the modification is funded by a scheme under a condition that the rented premises does not need to be restored.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) are vacant; and (b) are in a reasonably clean condition.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Penalty: 60 penalty units.
(a) written notice of the residential rental provider's full name and address for the service of documents; and (b) an emergency telephone number to be used in the case of the need for urgent repairs.
Penalty: 60 penalty units.
(a) written notice of the agent's full name and address for service of documents and the agent's telephone number and facsimile number; and (b) a written statement setting out—
(i) whether or not the agent can authorise urgent repairs; and (ii) if the agent can authorise urgent repairs, the maximum amount for repairs which the agent can authorise; and (iii) the agent's telephone number or facsimile number for urgent repairs.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
A residential rental provider must take all reasonable steps to ensure that the renter has quiet enjoyment of the rented premises during the residential rental agreement.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) in good repair; and (b) in a reasonably fit and suitable condition for occupation.
(a) whether or not the renter was aware of any disrepair at the rented premises before entering into occupation of the premises; and (b) despite the amount of rent paid by the renter; and (c) despite the age and character of the rented premises.
(a) damage to the rented premises is caused by the renter's failure to ensure that care was taken to avoid damaging the premises; and
(b) the residential rental provider has given the renter a notice under section 78 requiring the renter to repair the damage.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A residential rental provider must comply with any prescribed requirements for the keeping and production of records of gas and electrical safety checks conducted at the rented premises.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A residential rental provider must ensure that if an appliance, fitting or fixture provided by the residential rental provider that uses or supplies water, electricity or gas at the rented premises needs to be replaced, the replacement has at least a rating that is of or above a prescribed level of rating in an efficiency rating system.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) another Act or law provides for a different type of lock or device for the premises; or (b) the external door cannot be accessed because of another security barrier at the rented premises.
key of a lock means a device or information normally used to operate the lock;lock means a device for securing a door or window or other part of premises;master key system means a set of locks in which—
(a) each lock or sub-set of locks has a unique key; and (b) one single key or master key can operate all the locks in the set.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) a renter is excluded from rented premises because of an exclusion condition included in a family violence intervention order, family violence safety notice or recognised non-local DVO or a personal safety intervention order; and
(b) a protected person under the notice or order—
(i) is also a party to the residential rental agreement for the rented premises; or (ii) has been residing in the rented premises as the protected person's principal place of residence but is not a party to the residential rental agreement; and
(c) the Tribunal has not made an order made under section 91W(1)(b) in relation to the protected person.
(a) give the residential rental provider or that person's agent—
(i) a key to the lock; and
(ii) either a certified extract of the family violence intervention order, family violence safety notice or recognised non-local DVO or a personal safety intervention order or a copy of the order or notice; and
(b) give a key to the lock to the parties to the residential rental agreement, other than the excluded renter.
(a) in the case of a family violence intervention order, a recognised non-local DVO made by a court or a personal safety intervention order, unless the exclusion condition in the order ends;
(b) in the case of a family violence safety notice or recognised non-local DVO made by a police officer, until the notice or DVO ends.
(a) if given to the residential rental provider, that person's agent;
(b) if given to the residential rental provider's agent, the residential rental provider;
(c) in either case, the legal representative of the residential rental provider or that person's agent; (d) any other person as prescribed.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) give the residential rental provider or that person's agent a key to the lock; and (b) give a key to the lock to the other parties to the residential rental agreement (if any).
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) the residential rental provider withholds consent; and
(b) the renter believes that the withholding of the consent is unreasonable.
A renter may keep a pet at the rented premises if—
(a) the residential rental provider has consented in writing to the renter keeping the pet on the premises; or (b) the Tribunal has made an order permitting the renter to keep the pet on the rented premises.
NoteA residential rental provider is taken to have consented to a request to keep a pet on the rented premises unless, within 14 days of being given the request, the residential rental provider makes an application to the Tribunal—see section 71C(2).
(a) an order that the renter is permitted to keep the pet on the rented premises; or (b) if satisfied that it is reasonable to refuse consent to the keeping of the pet on the rented premises, the following—
(i) an order that it is reasonable to refuse consent to the keeping of the pet on the rented premises; (ii) an order excluding the pet from the rented premises.
(a) the type of pet the renter proposes to keep, or is keeping, on the rented premises; (b) the character and nature of the rented premises; (c) the character and nature of the appliances, fixtures and fittings on the rented premises; (d) whether refusing consent to keep the pet on rented premises is permitted under any Act; (e) any prescribed matters; (f) any other matter the Tribunal considers relevant.
A renter must give written notice to the residential rental provider as soon as practicable after becoming aware of—
(a) damage to the rented premises; or (b) the breakdown of facilities, fixtures, furniture or equipment provided by the residential rental provider.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) the renter has taken reasonable steps to arrange for the residential rental provider or that person's agent to immediately carry out the repairs; and
(b) the renter is unable to get the residential rental provider or agent to carry out the repairs.
(a) the renter must give the residential rental provider 7 days written notice of the repairs carried out and the cost; and
(b) the residential rental provider is liable to reimburse the renter for the reasonable cost of the repairs or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate), whichever is less; and
(c) the residential rental provider must reimburse the renter for the reasonable cost of repairs within 7 days after receiving written notice of—
(i) the repairs; and (ii) the cost of the repairs.
(a) the renter cannot meet the cost of the repairs; or
(b) the repairs cost more than the prescribed amount (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate); or
(c) the residential rental provider refuses to pay the cost of the urgent repairs if carried out by the renter.
(a) the renter has given the residential rental provider written notice advising the residential rental provider that repairs (other than urgent repairs) are required to the rented premises; and
(b) the residential rental provider has not carried out the repairs within 14 days after being given the notice.
(a) must be in writing; and (b) may be made or issued, as the case requires, by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) may investigate; and
(b) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the residential rental provider is in breach of the duty to maintain the rented premises in good repair; and
(c) may issue a report that—
(i) states the duty to maintain the rented premises in good repair and in a reasonably fit and suitable condition for occupation has been breached; and (ii) directs the residential rental provider to do any thing in order to comply with the duty to maintain the rented premises in good repair and in a reasonably fit and suitable condition for occupation.
(a) to carry out specified non-urgent repairs if—
(i) the renter has given the residential rental provider written notice under section 74(1)(a); and (ii) the residential rental provider has not carried out the repairs within 14 days after receiving the notice; or
(b) to comply with a report issued by the Director under section 74.
(a) whether the repairs are needed because of—
(i) an act or omission of the renter; or (ii) non-compliance by the renter with a provision of the residential rental agreement or the renter's duty not to damage the rented premises under section 61;
(b) whether the residential rental provider or that person's agent—
(i) was notified of the repairs; and (ii) was given a reasonable opportunity to carry out the repairs;
(c) whether the renter has provided documentary evidence of the repair.
(a) the residential rental provider to carry out specified repairs; and (b) the use of a suitably qualified person to carry out the repairs; and (c) compensation to be paid in accordance with section 212(2).
(a) a notice referred to in subsection (1) has been given to the residential rental provider; and
(b) the residential rental provider has failed to comply with the duty to carry out the repairs; and
(c) the residential rental provider has not demonstrated that the residential rental provider—
(i) is experiencing financial hardship; or (ii) would experience financial hardship if the rent was paid into the Rent Special Account.
(a) the amount of the rent held in the Rent Special Account at the end of that period must be paid to the residential rental provider; and
(b) on application by the residential rental provider, the Tribunal may order that the whole or such part of the rent as it may determine be paid to the residential rental provider before the end of that period, if it is satisfied that the residential rental provider has fulfilled or is fulfilling the residential rental provider's duty to carry out repairs to the premises; and
(c) the whole or any part of the rent may be paid to the residential rental provider before the end of that period, if the residential rental provider and the renter agree to early payment.
(a) the Tribunal has made an order under subsection (2) that rent be paid into the Rent Special Account in respect of a breach of section 68 or the rental minimum standards; and (b) the residential rental provider has not effected any required repairs at the rented premises by the end of the period stated in that order.
(a) an eviction notice given to the residential rental provider; (b) a disconnection notice in respect of a service or utility account held by the residential rental provider; (c) a notice of legal proceedings issued against the residential rental provider; (d) a letter from a non-profit organisation about the residential rental provider's loss of employment or financial hardship; (e) a notice from a lender to the residential rental provider, including—
(i) an overdraft call; or (ii) a repossession notice in respect of a mortgaged property;
(f) outstanding medical bills of the residential rental provider; (g) a letter from a doctor in respect of the impact of the residential rental provider's illness or carer's responsibility on the ability of the residential rental provider to earn an income; (h) a final notice from a school to the residential rental provider in respect of the payment of mandatory schooling fees; (i) funeral expenses payable by the residential rental provider; (j) a repossession notice served on the residential rental provider in respect of an essential item; (k) a hardship variation, or a written request to vary the terms of an existing loan held by the residential rental provider; (l) any other prescribed document.
(a) damage is caused to the rented premises because of a failure of the renter to comply with section 61(1); and (b) the residential rental provider has not given a breach of duty notice in respect of that damage.
(a) the nature of the damage; and
(b) that the damage was caused by the failure of the renter to ensure that care was taken to avoid damaging the premises; and
(c) if the residential rental provider wishes the renter to repair the damage—
(i) that the residential rental provider requires the renter to repair the damage at the renter's expense within 14 days after the giving of notice by the residential rental provider; and
(ii) that if the renter has not repaired the damage in a tradesman-like manner within that period, the residential rental provider may repair the damage at the renter's expense; and
(d) if the residential rental provider wishes to repair the damage, that the residential rental provider is undertaking the repairs and the renter is liable for the reasonable cost of the repairs.
(a) the renter is unable to reimburse the residential rental provider within 14 days after the repairs are completed; and (b) the residential rental provider does not agree to a period to provide reimbursement that is longer than the 14 day period referred to in subsection (4).
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered loss as a result of discrimination by the residential rental provider or that person's agent in contravention of this section.
NoteIn the case of a residential rental provider who is an SDA provider, see Division 2 of Part 12A.
(a) the residential rental provider withholds consent; and
(b) the renter believes that the withholding of the consent is unreasonable.
(a) the rented premises are public housing; and (b) the ground for withholding that consent is that the assignment or sub-letting would disadvantage persons on a public housing waiting list.
(a) the rented premises are provided as affordable housing under the Victorian Affordable Housing Programs; and (b) the ground for withholding that consent is that the assignment or sub-letting would disadvantage persons eligible for affordable housing under a relevant Victorian Affordable Housing Program.
(a) demand or receive a fee or payment for giving consent to the assignment or sub‑letting of rented premises; or
(b) refuse to consent to an assignment or sub‑letting of rented premises on the ground that the renter has refused to pay a fee or amount for the consent.
Penalty: 60 penalty units.
A residential rental provider or that person's agent has a right to enter rented premises together with any persons who are necessary to achieve the purpose of the entry—
(a) at any time agreed with the renter if the renter has consented within 7 days before the entry; or
(b) at any time between 8 a.m. and 6 p.m. on any day (except a public holiday)—
(i) for a purpose set out in section 86(1)(a) or (b), if at least 48 hours notice has been given to the renter in accordance with section 88; or (ii) for a purpose set out in section 86(1)(ab), if at least 7 days notice has been given to the renter in accordance with section 88; or (iii) for a purpose set out in section 86(1)(c), (e) or (g), if at least 24 hours notice has been given to the renter in accordance with section 88; or (iv) for a purpose set out in section 86(1)(d) or (f), if at least 7 days notice has been given to the renter in accordance with section 88.
(a) subject to subsection (2), before giving notice of entry, a notice to vacate or a notice of intention to vacate the rented premises had been given and entry is required—
(i) to show the premises to a prospective renter; or (ii) to conduct an open inspection of the premises for prospective renters; or
(ab) to produce advertising images and videos in accordance with section 89A; or
(b) subject to subsection (2A), if the premises are to be sold or used as security for a loan and entry is required—
(i) to show the premises to a prospective buyer or lender; or (ii) to conduct an open inspection of the premises for prospective buyers; or
(c) entry is required to enable the residential rental provider to carry out a duty under this Act, the residential rental agreement or any other Act; or (d) entry is required for valuation purposes; or
(e) the residential rental provider or that person's agent has reasonable grounds to believe that the renter has failed to comply with his or her duties under this Act or the residential rental agreement; or
(f) entry is required to enable inspection of the premises and entry for that purpose has not been made within the last 6 months; or
(g) entry is required to enable inspection of the premises for the purposes of proceedings arising from or relating to an application made under section 91V(1).
(a) the right of entry may only be exercised—
(i) in the period within 21 days before the termination date specified in the notice to vacate or notice of intention to vacate; and (ii) up to twice a week, unless otherwise agreed with the renter; and (iii) for a period of no longer than one hour, unless a longer period is agreed with the renter;
(b) it is not unreasonable for a protected person residing at the premises to require that any inspections be by appointment.
(a) the right of entry may only be exercised—
(i) if the residential rental provider has given the renter notice of intention to sell in the form approved by the Director at least 14 days before entry is proposed; and (ii) if the residential rental provider has made all reasonable efforts to agree with the renter on days and times for the property to be available for inspection; and (iii) up to twice a week, unless otherwise agreed with the renter; and (iv) for a period of no longer than one hour, unless a longer period is agreed with the renter;
(b) it is not unreasonable for a protected person residing at the premises to require that any inspections be by appointment; (c) a renter at the premises is entitled to the prescribed compensation for sales inspections.
A person exercising a right of entry under this Division—
(a) must do so in a reasonable manner; and
(b) must not stay or permit others to stay on the rented premises longer than is necessary to achieve the purpose of the entry without the renter's consent.
A notice requiring entry must—
(a) be in writing; and
(b) state why the residential rental provider or that person's agent wishes to enter; and (c) be given—
(i) by post; or
(ii) by delivering it personally to the renter between the hours of 8 a.m. and 6 p.m.; and
(d) if entry is pursuant to section 86(1)(g), and the residential rental provider has been given the name and contact details required under that paragraph, state the name of the excluded renter's representative (if any).
(a) a residential rental provider or that person's agent; and (b) an agent for the sale of the rented premises or other persons.
(a) a residential rental provider or that person's agent; and (b) an agent for the sale of the rented premises; and (c) any other person specified in the order.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) shows a possession of the renter that—
(i) directly identifies the renter or another occupant; or (ii) reveals sensitive information about the renter or another person who resides at the premises; or (iii) is valuable and would increase the risk of theft at the premises; or (iv) would be unreasonable to expect the renter to remove or conceal; or
(b) may identify a person residing at the premises who is at risk of family violence or personal violence.
(a) reviewed the images or video; and (b) given written consent to the residential rental provider, or that person's agent, for the images or video to be advertised.
(a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the renter's goods on the rented premises; or (b) may refuse to make an order.
(a) may make an order prohibiting the residential rental provider and that person's agent from exercising a right of entry under section 85 (except for a purpose set out in section 86(1)(c) or (e)) during the period specified in the order if it is satisfied that it is reasonable to do so; or (b) may refuse to make an order.
A residential rental provider or that person's agent must not, without reasonable excuse, enter rented premises otherwise than in accordance with this Division.
Penalty: 60 penalty units.
Despite any Act or law to the contrary, a residential rental agreement does not terminate and must not be terminated except in accordance with this Division or Part 7 or 8.
A residential rental agreement may be terminated by agreement of the residential rental provider and the renter.
(a) the renter vacates the rented premises on or after the termination date specified in the notice; or (b) the residential rental agreement terminates in accordance with section 334.
(a) the termination date specified in the notice to vacate under section 91ZZL or 91ZZM; or (b) if a notice of intention to vacate has been given under section 91Z(3), the termination date specified in that notice of intention to vacate.
ExampleEarlier termination may occur by a notice to vacate given under section 91ZI or 91ZQ.
A residential rental agreement terminates if the renter abandons the rented premises.
A residential rental agreement terminates if—
(a) the renter is not in possession of the rented premises because the renter has sub-let them; and (b) the residential rental provider or the renter gives a notice to vacate or a notice of intention to vacate the rented premises under this Division; and (c) the period (if any) between the date on which the notice is given and the termination date specified in the notice has expired.
A residential rental agreement terminates if the owner of the rented premises gives a notice to vacate in accordance with section 91ZZJ and—
(a) the renter vacates the rented premises on or after the termination date specified in the notice; or (b) the residential rental agreement terminates in accordance with section 334.
A residential rental agreement terminates if a mortgagee in respect of rented premises gives a notice to vacate under section 91ZZK and—
(a) the renter vacates the rented premises on or after the termination date specified in the notice; or (b) the residential rental agreement terminates in accordance with section 334.
A residential rental agreement may terminate by merger (that is, where the interests of the residential rental provider and the renter become vested in one person).
A residential rental agreement may terminate by disclaimer (for example, on repudiation of the agreement by the renter accepted by the residential rental provider).
A residential rental agreement terminates if the renter has not entered into possession of the rented premises and has given a notice of termination of the residential rental agreement to the residential rental provider on the ground that the premises—
(a) are not in good repair; or (b) are unfit for human habitation; or (c) are destroyed totally or to such an extent as to be rendered unsafe; or (d) are not vacant; or (e) are not legally available for use as a residence; or (f) do not meet any rental minimum standards; or (g) are for any other reason unavailable for occupation.
A residential rental agreement terminates if the renter has not entered into possession of the rented premises and the residential rental provider has given a notice of termination of the residential rental agreement to the renter on the ground that the premises—
(a) are unfit for human habitation; or (b) are destroyed totally or to such an extent as to be rendered unsafe.
(a) the termination date specified in the notice of intention to vacate given under subsection (2); or (b) the termination date specified in the notice to vacate given under subsection (3); or (c) the termination date specified in the Tribunal order under subsection (5); or (d) a date agreed in writing between the residential rental provider and the legal personal representative or next of kin of the deceased renter.
(a) an order to terminate the residential rental agreement; and (b) if required, a possession order.
(a) make an order terminating the residential rental agreement; and (b) make a possession order under Part 7.
A residential rental agreement does not terminate merely because—
(a) an application for a licence, or for a renewal of a licence, to operate a rooming house under the Rooming House Operators Act 2016 is refused; or (b) a licence to operate a rooming house under the Rooming House Operators Act 2016 expires; or (c) the Tribunal cancels a licence to operate a rooming house under the Rooming House Operators Act 2016.
NoteSee sections 16, 20 and 33(1)(a)(v) of the Rooming House Operators Act 2016.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) the term of a fixed term residential rental agreement ends; and (b) the renter under that agreement continues in occupation of the rented premises—
(i) otherwise than as a renter under a fixed term residential rental agreement; or (ii) in the case of a fixed term residential rental agreement for more than 5 years, otherwise than in accordance with a term in the agreement permitting the extension of the term of that agreement at the end of the fixed term.
(a) if the rental period under the fixed term residential rental agreement was more than one month, a monthly period; and (b) if the rental period under the fixed term residential rental agreement was one month or less, a period equivalent to that rental period.
(a) in the case of a residential rental agreement for a fixed term not exceeding 5 years, is on the same terms, so far as applicable, as the terms of the fixed term residential rental agreement; and (b) in the case of a residential rental agreement for a fixed term of more than 5 years, the periodic residential rental agreement is on the same terms, so far as applicable, as the terms of a standard form fixed term residential rental agreement not exceeding 5 years.
(a) the person is in possession of the premises under a residential rental agreement (a sub‑residential rental agreement) granted to that person by a person who is a renter of the premises under another residential rental agreement (the head residential rental agreement) granted to the person who is the head renter by the residential rental provider; and (b) the head residential rental agreement terminates or is terminated; and (c) the sub-residential rental agreement does not terminate or is not terminated in accordance with this Act.
(a) an application for a possession order for the premises has been made under Part 7; or (b) the renter has abandoned the rented premises; or (c) the renter has delivered up vacant possession of the rented premises; or (d) the renter has given a notice of intention to vacate the rented premises; or (e) the renter has died and there is no surviving renter.
(a) the applicant could reasonably be expected to comply with the duties of a renter under a residential rental agreement to which this Act applies; and (b) the applicant would be likely to suffer severe hardship if the applicant were compelled to leave the premises; and (c) the hardship suffered by the applicant would be greater than any hardship that the residential rental provider would suffer if the order were made.
(a) be entered into before the end of the time stated in the order; and (b) be on the same terms and conditions as the residential rental agreement which applied in respect of the rented premises before the order is made, subject to any changes that the Tribunal determines.
(a) make an order—
(i) reducing the term of the agreement by a period stated in the order; and (ii) making any variations to the terms of the agreement that are necessary because of the reduction of the term; or
(b) make an order terminating the fixed term residential rental agreement.
(a) the reduction in the term of the residential rental agreement; or (b) the termination of the fixed term residential rental agreement.
(a) an order terminating the existing residential rental agreement; or (b) an order—
(i) terminating the existing residential rental agreement; and (ii) requiring the residential rental provider of the premises to enter a residential rental agreement with the person and other persons (if any) specified in the application.
(a) a party to the existing residential rental agreement—
(i) who has been or is being subjected to family violence by another party to the existing residential rental agreement; or (ii) who is a protected person under a personal safety intervention order made against another party to the existing residential rental agreement;
(b) a person—
(i) who is residing in the rented premises as the person's principal place of residence; and (ii) who is not a party to the existing residential rental agreement; and (iii) who—
(A) has been or is being subjected to family violence by a party to the existing residential rental agreement; or (B) is a protected person under a personal safety intervention order made against a party to the existing residential rental agreement.
(a) the applicant or the person on whose behalf the application is made; (b) the residential rental provider; (c) any other party to the existing residential rental agreement; (d) any other person specified in the application.
(a) within 3 business days of the application being made; or (b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(a) terminating the existing residential rental agreement; and (b) requiring the residential rental provider to enter into a new residential rental agreement with the person and other persons (if any) referred to in the application.
(a) the specified person or that person's dependent children would be likely to suffer severe hardship if the residential rental agreement were not terminated; and (b) the hardship suffered by the specified persons would be greater than any hardship the residential rental provider would suffer if the order were made; and (c) if a renter of the rented premises is excluded from the rented premises under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing residential rental agreement; and (d) it is reasonable to do so given the interests of any other renters (other than any excluded renter) under the existing residential rental agreement and, in particular, whether the other renters support the specified person's application.
(a) the specified person and other persons (if any) could reasonably be expected to comply with the duties of a renter under a residential rental agreement to which this Act applies; and (b) the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the premises; and (c) the hardship suffered by the specified person would be greater than any hardship the residential rental provider would suffer if the order were made; and (d) if a renter of the rented premises is excluded from the rented premises under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing residential rental agreement; and (e) it is reasonable to do so given the interests of any other renters (other than any excluded renter) under the existing residential rental agreement and, in particular, whether the other renters support the specified person's application.
(a) whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person; (b) if an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the person—
(i) whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and (ii) if there is a notice or an order in effect, whether a renter of the rented premises is excluded from the rented premises under the notice or order;
(c) any prescribed matters; (d) any other matter the Tribunal considers relevant.
(a) is subject to the same rent and frequency of rent payments as the existing residential rental agreement; and (b) if the existing residential rental agreement is a fixed term agreement, runs for a term not longer than the remainder of that fixed term; and (c) otherwise, is on the same terms and conditions as the existing residential rental agreement, subject to any changes the Tribunal determines.
(a) an order that the residential rental provider or that person's agent must ensure that the specified person has access to the rented premises or former rented premises to remove the person's goods; (b) an order that the residential rental provider or that person's agent must not list information about the specified person on a residential tenancy database within the meaning of Part 10A.
specified person means a person specified in section 91V(2).
(a) a bond paid for the rented premises; and (b) any existing liability under the existing agreement, including—
(i) liability relating to outstanding rent; and (ii) liability relating to damage caused to the rented premises; and (iii) liability relating to outstanding utility charges.
(a) a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and (b) a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.
(a) as to those matters set out in section 91W(2), in the case of an application under section 91V(1)(b); and (b) as to those matters set out in section 91W(1B), in the case of an application under section 91V(1)(a); and (c) in accordance with any conditions to which the leave given is subject.
(a) an order terminating the existing residential rental agreement; (b) an order—
(i) terminating the existing residential rental agreement; and (ii) requiring the SDA provider who is a residential rental provider to enter a new residential rental agreement with the person who is an SDA resident and other persons (if any) specified in the application;
(c) if all the renters under the existing residential rental agreement are SDA residents, an order—
(i) terminating the residential rental agreement; and (ii) requiring the SDA provider who is a residential rental provider to enter into, or establish, an SDA residency agreement with each person who is a renter under the existing residential rental agreement.
(a) the SDA resident was coerced or deceived into entering into the residential rental agreement; (b) the SDA resident did not receive an information statement as required under section 498D before entering into the residential rental agreement; (c) the SDA resident was given an information statement under section 498D but did not receive an explanation of that statement under section 498E.
(a) the SDA resident or one of the following persons who may make an application on behalf of the SDA resident—
(i) the Director; (ii) the SDA resident's guardian (if any); (iii) the SDA resident's administrator (if any); (iv) the Public Advocate;
(b) the SDA provider; (c) any other party to the existing residential rental agreement; (d) any other person specified in the application as a party.
(a) within 3 business days of the application being made; or (b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(a) order the dismissal of the application; or (b) if satisfied that the SDA resident was coerced or deceived into entering a residential rental agreement or that the SDA resident did not receive an information statement under section 498D or an explanation of the information statement under section 498E—
(i) order the termination of the existing residential rental agreement; or (ii) order the termination of the existing residential rental agreement and that the SDA provider enter into a new residential rental agreement with the SDA resident and other persons (if any) specified in the application; or (iii) if all renters to the agreement are SDA residents, order the termination of the existing residential rental agreement and require the SDA provider to enter into or establish an SDA residency agreement with each SDA resident.
(a) adjourn the application to determine a termination date in consultation with the renters party to the existing residential rental agreement; or (b) adjourn the application to allow the parties to the agreement to enter into a new residential rental agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or (c) if, during an adjournment the parties to the residential rental agreement are—
(i) unable to enter into a new residential rental agreement, direct the parties to enter into a new residential rental agreement on terms declared by the Tribunal; or (ii) unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct the parties to enter into one or multiple new SDA residency agreements (as appropriate) on terms declared by the Tribunal.
(a) order that any bond paid by the renter under the existing residential rental agreement be paid out by the Authority to the renter and, if there is more than one renter under the existing residential rental agreement, apportion the bond to be paid out by the Authority between the renters; and (b) revoke any compensation orders that have been issued against the renter.
NoteSee section 18.
(a) if the agreement includes a provision enabling the residential rental provider or the renter to end the agreement by notice (otherwise than on the grounds of a breach of the agreement) if—
(i) the period after the giving of the notice and before the termination date specified in the notice is less than the period of notice required under that provision; or (ii) the termination date specified in the notice is a date other than a date on which under that provision the agreement may be ended; or
(b) in any other case, if it specifies a termination date that is earlier than the end of the term of the residential rental agreement.
(a) the renter has been given a notice to vacate under section 91ZX, 91ZY, 91ZZ, 91ZZA, 91ZZB, 91ZZC, 91ZZD, 91ZZDA, 91ZZE, 91ZZEA or 91ZZEB; or (b) the renter requires special or personal care and needs to vacate the rented premises in order to obtain that care; or
(c) the renter has been offered and accepted accommodation by Homes Victoria or a registered housing agency; or
(ca) the rented premises are provided under the Victorian Affordable Housing Programs and the renter has found alternative accommodation and needs to vacate the premises to take up that accommodation; or (d) the renter requires temporary crisis accommodation and needs to vacate the rented premises in order to obtain that accommodation; or (e) the renter has been given a notice of intention to sell by the residential rental provider in accordance with section 86, unless the renter was notified of the proposed sale of the rented premises in accordance with section 30D before entering into the residential rental agreement; or (f) the residential rental provider has refused the request of a renter with a disability to make reasonable alterations to the rented premises pursuant to section 55 of the Equal Opportunity Act 2010; or (g) the renter, who is an SDA resident, has been given a notice under section 498DA.
(a) assistance with one or more of the following—
(i) bathing, showering or personal hygiene; (ii) toileting; (iii) dressing or undressing; (iv) meals; or
(b) physical assistance for persons with mobility problems; or (c) assistance for persons who are mobile but require some form of supervision or assistance; or (d) assistance or supervision in dispensing medicine; or (e) the provision of substantial emotional support in a health or residential service.
(a) are unfit for human habitation; or (b) have been destroyed totally or to such an extent as to be rendered unsafe.
(a) the residential rental provider has breached a duty provision; and (b) on 2 previous occasions the residential rental provider has been in breach of the same provision; and (c) the renter has on each occasion referred to in paragraph (b) given a breach of duty notice to the residential rental provider.
(a) that amount; or (b) such part of that amount as does not exceed the amount of loss or damage suffered as a result of the abandonment.
ExampleSafety equipment such as smoke alarms.
(a) occupiers of neighbouring premises; or (b) the residential rental provider or the provider's agent; or (c) a contractor or employee of a person referred to in paragraph (b).
(a) the residential rental provider or the provider's agent; or (b) a contractor or employee of a person referred to in paragraph (a).
(a) are unfit for human habitation; or (b) have been destroyed totally or to such an extent as to be rendered unsafe.
(a) the residential rental provider may give a notice to vacate under this section to the renter; and (b) if the renter pays the unpaid rent on or before the termination date in the notice under paragraph (a), the notice is of no effect; and (c) if the renter does not pay the unpaid rent on or before the termination date in the notice under paragraph (a), the residential rental provider may apply to the Tribunal for a possession order; and (d) on an application for a possession order, if the Tribunal has made an assessment under section 331 in respect of the application, the Tribunal—
(i) may place the renter on a payment plan and adjourn the application for the possession order; or (ii) may make a possession order.
(a) the residential rental provider may give a notice to vacate under this section to the renter; and (b) the notice given under paragraph (a) remains in effect despite the renter paying the unpaid rent on or before the termination date in the notice; and (c) the residential rental provider may apply to the Tribunal for a possession order after the expiry of the notice under paragraph (a); and (d) section 331 does not apply to an application under paragraph (c); and (e) on an application under paragraph (c), the Tribunal may make a possession order.
(a) the Tribunal is to dismiss the application for the possession order; and (b) the residential rental agreement continues despite any notice to vacate that has already been given to the renter.
occasion of non-payment of rent means an occasion where the renter owes at least 14 days rent within a 12 month period of the residential rental agreement, but does not include any amount owing under a payment plan ordered by the Tribunal;12 month period means—
(a) the first 12 month period of the residential rental agreement that begins on the first day of the residential rental agreement; or (b) the second 12 month period of the residential rental agreement, if any, that begins on the day after the end of the first 12 month period of the residential rental agreement; or (c) any consecutive 12 month period of the residential rental agreement, if any, that begins immediately after the end of the first or a subsequent 12 month period of the residential rental agreement.
(a) the renter has breached a duty provision; and (b) on 2 previous occasions the renter has been in breach of the same provision; and (c) the residential rental provider or the residential rental provider's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the renter.
(a) trafficked or attempted to traffick a drug of dependence; or (b) supplied a drug of dependence to a person under 18 years of age; or (c) possessed a preparatory item with the intention of using the item for the purpose of trafficking in a drug of dependence; or (d) possessed, without lawful excuse—
(i) a tablet press; or (ii) a precursor chemical; or
(e) intentionally caused another person to traffick in a drug of dependence by threatening to harm that person or another person or by using violence against that person or another person; or (f) intentionally permitted another person to use those premises or the common area for—
(i) trafficking in a drug of dependence; or (ii) cultivating a drug of dependence; or
(g) cultivated or attempted to cultivate a narcotic plant.
cultivate, narcotic plant and traffick have the same meanings as in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981;drug of dependence, substance and supply have the same meanings as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;precursor chemical means a prescribed precursor chemical within the meaning of section 71D of the Drugs, Poisons and Controlled Substances Act 1981;preparatory item means a substance, material, equipment or document containing instructions relating to the preparation, cultivation or trafficking of a drug of dependence.
(a) which related to a matter on which eligibility to rent the premises depended; and (b) which the renter knew to be false or misleading.
(a) the rented premises were the residential rental provider's principal place of residence—
(i) immediately before the residential rental agreement was entered into; or (ii) if the residential rental agreement is the second residential rental agreement entered into since the premises were the residential rental provider's principal place of residence, immediately before the first residential rental agreement was entered into; and
(b) the residential rental agreement states that the rented premises were the residential rental provider's principal place of residence—
(i) immediately before the residential rental agreement was entered into; or (ii) if the residential rental agreement is the second residential rental agreement entered into since the premises were the residential rental provider's principal place of residence, immediately before the first residential rental agreement was entered into; and
(c) the residential rental agreement states that the residential rental provider intends to resume occupancy of the premises on the termination of the agreement.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
(a) the residential rental provider intends to repair, renovate or reconstruct the premises—
(i) in the case of a building owned by a residential rental provider containing 5 or more rented premises, immediately after the last renter vacates; or (ii) in any other case, immediately after the termination date; and
(b) the residential rental provider has obtained all necessary permits and consents to carry out the work; and (c) the work cannot be properly carried out unless the renter vacates the rented premises.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
(a) the residential rental provider intends to demolish the premises—
(i) in the case of a building owned by a residential rental provider containing 5 or more rented premises, immediately after the last renter vacates; or (ii) in any other case, immediately after the termination date; and
(b) the residential rental provider has obtained all necessary permits and consents to demolish the premises.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
(a) by the residential rental provider; or (b) in the case of a residential rental provider who is an individual—
(i) by the residential rental provider's partner, child, parent or partner's parent; or (ii) by another person who normally lives with the residential rental provider and is wholly or substantially dependent on the residential rental provider.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
(a) the premises are the property of a public statutory authority authorised to acquire land compulsorily for its purposes; and (b) immediately after the termination date the premises are required for public purposes.
NoteSee section 91ZZO regarding requirements for accompanying documentary evidence.
(a) in the case of a fixed term residential rental agreement for 6 months or more (but not exceeding 5 years), not less than 90 days before the end of the initial fixed term; or (b) in the case of a fixed term residential rental agreement for less than 6 months, not less than 60 days before the end of the initial fixed term.
(a) not less than the prescribed period before the end of the initial fixed term; or (b) if no period has been prescribed under paragraph (a), 90 days before the end of the initial fixed term.
initial fixed term includes any extension of the initial fixed term agreed to by the residential rental provider and the renter under the residential rental agreement.
(a) the rented premises are premises only available to be let to persons who meet the eligibility criteria for housing published by the public statutory authority under subsection (3); and (b) the renter ceases to meet one or more of the eligibility criteria.
(a) the renter submits documentation to the residential rental provider which shows that the renter no longer meets the NRAS eligibility criteria; or (b) subject to subsections (2), (3) and (4)—
(i) the residential rental provider has given a written request to the renter to submit documentation to the residential rental provider for the sole purpose of assessing the renter's ongoing eligibility; and (ii) within 60 days of that request, the renter has not provided that documentation.
(a) the renter gives the residential rental provider the requested documentation during the 90 day notice period in accordance with subsection (3); and (b) the documentation shows that the renter meets the NRAS eligibility criteria.
(a) may be given to a renter whether the residential rental agreement is a fixed term residential rental agreement or a periodic residential rental agreement; and (b) subject to subsection (6), if the residential rental agreement is a fixed term residential rental agreement—
(i) may specify a termination date that is before the end of the fixed term; and (ii) may be given during the initial fixed term or a subsequent fixed term or any subsequent periodic residential rental agreement.
(a) rented premises are provided under the Victorian Affordable Housing Programs; and (b) the residential rental provider gave written notice to the renter before the residential rental agreement was entered into of the following—
(i) that the rented premises are being provided under the Victorian Affordable Housing Programs; (ii) that entering into a residential rental agreement and the ongoing occupation of the premises is subject to that renter meeting the relevant Victorian Affordable Housing Programs eligibility criteria.
(a) the renter submits documentation to the residential rental provider which shows that the renter no longer meets the relevant Victorian Affordable Housing Programs eligibility criteria; or (b) subject to subsections (3), (4), (5) and (6)—
(i) the residential rental provider has given a written request to the renter to submit documentation to the residential rental provider for the sole purpose of assessing the renter's ongoing eligibility; and (ii) within 60 days of that request, the renter has not provided that documentation.
(a) if the relevant VAHP declaration or VAHP determination specifies a period, in accordance with the period of frequency specified in the relevant VAHP declaration or VAHP determination for the provision of documentation; or (b) if no period of frequency is specified in the VAHP declaration or VAHP determination—
(i) once every 12 months, commencing from the date that the residential rental agreement starts; or (ii) in the case of a periodic residential rental agreement, once every 12 months from the date that the periodic residential rental agreement starts.
(a) the renter may give the residential rental provider the requested documentation during the 90 day notice period; and (b) if the documentation shows that the renter does meet the relevant Victorian Affordable Housing Programs eligibility criteria, the notice to vacate ceases to have effect and is taken to be withdrawn.
(a) may be given to a renter whether the residential rental agreement is a fixed term residential rental agreement or a periodic residential rental agreement; and (b) subject to subsection (8), if the residential rental agreement is a fixed term residential rental agreement—
(i) may specify a termination date that is before the end of the fixed term; and (ii) may be given during the initial fixed term or a subsequent fixed term or any subsequent periodic residential rental agreement.
(a) the rented premises were provided as transitional housing; and
(b) Homes Victoria, under this section, has published requirements for renters of transitional housing to seek alternative accommodation; and (c) the renter has—
(i) unreasonably refused to seek alternative accommodation in accordance with those requirements; or (ii) refused a reasonable offer of alternative accommodation made in accordance with those requirements.
(a) the Tribunal has made an order under section 71E excluding a pet from the rented premises; and (b) at least 14 days have passed since the order took effect; and (c) the renter has not complied with the order.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) to the letting of the premises to a person referred to in section 91ZZA; or (b) if the Tribunal determines that the premises may be let.
(a) if the agreement includes a provision enabling the residential rental provider or the renter to determine the agreement by notice (otherwise than on the grounds of a breach of the agreement) if—
(i) the period after the giving of notice and before the termination date specified in the notice is less than the period of notice required under that provision; or (ii) the termination date specified in the notice is a date other than a date on which under that provision the agreement may be determined; or
(b) in any other case, if it specifies a termination date that is earlier than the end of the term of the residential rental agreement.
(a) the exercise, or proposed exercise, by the renter of a right under this Act; or (b) the renter making a report under section 72AA.
(a) in the case of a notice under section 91ZZD or 91ZZDA relating to a fixed term residential rental agreement for a fixed term of 6 months or more, after the end of 28 days after the date on which the notice is given; or (b) in the case of a notice under section 91ZZD or 91ZZDA relating to a fixed term residential rental agreement for a fixed term of less than 6 months, after the end of 21 days after the date on which the notice is given.
(a) to give the renter a notice to vacate the premises (except under section 91ZW); or (b) to recover possession of the premises; or (c) to give a breach of duty notice that applies to the residential rental agreement.
(a) the rooming house operator's application for renewal of a licence under the Rooming House Operators Act 2016 is refused by the Business Licensing Authority and section 29(1) or 29(2) of that Act apply; or (b) the rooming house operator's application for a licence under the Rooming House Operators Act 2016 is refused by the Business Licensing Authority and section 82(2) of that Act applies.
A notice of intention to vacate rented premises is not valid unless—
(a) it is in writing; and (b) it is signed by the person giving the notice or by that person's agent.
A notice to vacate given under this Division is not valid unless—
(a) it is in the relevant prescribed form; and (b) it is addressed to the renter; and (c) it is signed by the person giving the notice or by that person's agent; and (d) it specifies the reason or reasons for giving the notice; and (e) in the case of a notice to vacate given under section 91ZW, 91ZX, 91ZY, 91ZZ, 91ZZA, 91ZZB or 91ZZC, it is accompanied by documentary evidence, as approved by the Director from time to time, which supports the reason for giving the notice; and
NoteSee section 486A.
(f) it specifies the termination date which is the date by which compliance is required.
If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division—
(a) the invalidity of any of the notices does not affect the validity of any other notice; and (b) each valid notice has full force and effect.
(a) in writing; and (b) signed by the person who gave the notice; and (c) signed by the person to whom the notice was given.
Nothing in this Subdivision affects any right a renter may have to challenge the validity of any other notice to vacate under this Act.
On an application under section 91ZZU, the Tribunal must make an order that the notice to vacate is invalid if satisfied that—
(a) the applicant has been, or is being, subjected to family violence or personal violence; and (b) the relevant act or breach on which the notice to vacate was given was caused by the act of a person who has subjected the applicant to family violence or personal violence.