Landlord and Tenant Rights and Obligations in Victoria

Landlord and tenant rights and obligations in Victoria vary between residential and commercial premises. Residential tenancy agreements are regulated by the Residential Tenancies Act 1997.

What are ‘landlords’ and ‘tenants’?

In Victoria, for residential properties, a landlord is a property owner who gives another party the right to live in their property for a time. The person or people who have been granted the right to live in the property are known as the ‘tenant’.

The landlord must be informed of all tenants living in the property and all tenants should be named in the tenancy agreement. If a tenant decides to move out before the end of the lease, the consent of the landlord is required to replace the tenant.

Am I in a landlord/tenant relationship?

A landlord/tenant relationship is established when the landlord confers the ‘right to occupy’ on the tenant. The right to occupy a property can be given by verbal or written agreement. However, where a written agreement is given (normally called a ‘lease’ or ‘tenancy agreement’) it must be in the standard form required by the Victorian Government.

Regardless of whether the agreement is referred to as a lease, rental agreement, or tenancy agreement, the same rules regarding residential rental properties will apply.

There are two types of leases: fixed term and periodic. A fixed term lease grants the tenant the right to live in the property for a set period of time and makes it harder for the landlord to evict the tenant prior to the end of the lease. A periodic lease is a month-to-month agreement, with either party able to end the lease at the end of each month.

Landlord obligations and rights

Landlord and tenant rights and obligations in Victoria arise even before a landlord/tenant relationship is formed and continue after the tenancy ends.

The landlord’s obligations include:

preparing a tenancy agreement (in the standard form)
preparing a report concerning the condition of the property
lodging the bond with the Residential Tenancies Bond Authority (RTBA)
respecting the tenant’s privacy
ensuring the property is in a liveable condition
organising repairs to the property
ensuring any pools or spas are fenced
ensuring replacement water fittings are three-star rated
completing a final inspection at the end of the tenancy
refund the bond.

The landlord’s rights include:

to receive a damage (or rental) bond
to receive rent on time
to be able to complete inspections of the property
that the tenant keep property maintained and clean
that the tenant report any damage or any necessary repairs
to claim a portion of the bond where damage is done to the property.

Tenant obligations and rights

The tenant’s obligations include:

completion of a condition report
payment of damage (rental) bond
payment of rent on time
allowing the landlord to complete inspections of property
keeping the property clean and free from damage
reporting any repairs to the landlord
complying with any other conditions agreed upon
cleaning the property at the end of the tenancy
returning all keys and remotes to landlord upon vacating.

The tenant’s rights include:

to receive a signed copy of the tenancy agreement
to receive a condition report
to have quiet enjoyment of the property
that the property be properly maintained and suitable for living in
that repairs are done within a reasonable time frame
to receive bond back once the tenancy has ended.

Resolving disputes over landlord and tenant rights and obligations in Victoria

To resolve a dispute between a landlord and a tenant, the parties should first have a discussion about the issue. If the landlord has appointed a property manager, communicating the issues through the property manager will sometimes lead to an agreed outcome without the hassle of formal proceedings.

If an agreement can be reached, it is important to avoid further disputes by putting the agreement in writing and having both parties sign it.

If no agreement can be reached, Consumer Affairs Victoria provides a free conciliation service. During conciliation, Consumer Affairs will assist both parties to voice their opinion and come to an agreement. However, the conciliator cannot force the tenant or the landlord to do so or even to attend the meeting.

The final option is to file an application with the Victorian Civil and Administrative Tribunal (VCAT). VCAT is similar to a court; however, the proceedings are less formal as the parties represent themselves. VCAT will hear both parties’ arguments and then come to a final decision. Once VCAT makes a decision both parties are bound by the decision regardless of whether they agree.

During the dispute process, the tenant can seek free assistance from the Tenants Union of Victoria.

If you require legal advice or representation in any legal matter, please contact www.gotocourt.com.au.

Author

Michelle Makela

Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.

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