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Residential Tenancies (Vic)

Michelle Makela

Residential Tenancies (Vic)

In Victoria, residential tenancies are governed by the Residential Tenancies Act 1997 and the Residential Tenancies Regulations 1998. These pieces of legislation contain the rights and responsibilities of tenants and landlords, and the processes for resolving tenancy disputes. There have been numerous changes to tenancy law in Victoria in recent years, with the latest changes to come into effect in late 2025. This page gives a brief overview of residential tenancy law as it now stands in Victoria.

2025 changes

The rental changes that will come into effect during 2025 are contained in the Consumer and Planning Legislation Amendment (Housing Statement) Reform 2024 and include the following.

Rent

The Act will state that premises must be rented at a fixed price. Landlords must not accept offers of higher amounts of rent than the advertised price.

Landlords will have to give 90 days’ notice of a rental increase.

Landlords must not require tenants to pay rent through a method that involves being charged a transaction fee.

Eviction without grounds

Under the changes, landlords will no longer be able to terminate a tenancy without an acceptable reason.

Rental Dispute Resolution Victoria

The changes also create a new agency, Rental Dispute Resolution Victoria, to assist with resolving tenancy disputes.

Rights and obligations of landlords and tenants

Under the Residential Tenancies Act 1997, tenants have the right to quiet enjoyment of the rental property and the right to be given information about their rights and duties. Tenants must not use the premises for any illegal purpose, must pay their rent on time, and must keep the property reasonably clean and avoid causing damage. If damage does occur, the landlord or agent must be notified.

Landlords have the right to enter the property at any time with the agreement of the tenant, or after giving seven days’ notice. Landlords must ensure that premises are vacant, reasonably clean and in good repair at the start of a lease. Landlords must ensure that the premises comply with the rental minimum standards, which include having a functioning bathroom, safe access to electricity, a kitchen, lighting, and external doors with functioning deadlocks.

Residential tenancy disputes

Residential tenancy disputes may involve disputes about the refund of the bond, the payment of rent, repairs of the rental property, or the termination of a tenancy.

Parties should try to settle residential tenancy disputes directing with the other party where possible. Where parties cannot reach an agreement, a specialist conciliation service offered by Consumer Affairs Victoria can be used for some residential accommodation issues. This process will involve an impartial person assisting parties to identify the issues and explore options for resolution.

If conciliation cannot settle the dispute, the matter may be taken to the Victorian Civil and Administrative Tribunal (VCAT).

Consumer Affairs Victoria can also issue infringement notices against parties that breach certain provisions of the Residential Tenancies Act 1997.

VCAT tenancy disputes

VCAT hears disputes between tenants and rental providers, rooming house owners and rooming house renters, Director of Housing and public housing tenants, and caravan park owners and caravan park residents. It does not hear neighbourhood disputes or disputes between one tenant and another.

VCAT has a jurisdictional limit of $25,000.

Commencing VCAT proceedings

If you want VCAT to hear your residential tenancy dispute, you must file an application, which must be accompanied by all the evidence and information you intend to rely on in the hearing. There is also an application fee.

The applicant may either lodge the application at VCAT and serve a copy on the respondent (the other party) within seven days or serve it on the respondent first and then lodge it at VCAT within seven days.

Respondents may defend themselves at the VCAT hearing, and/or file a counterclaim.

A person may represent themselves during VCAT proceedings, or they may be represented by a lawyer.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Michelle Makela

Legal Practice Director

Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.

Home Civil Law Victoria Residential Leasing Residential Tenancies (Vic)

Michelle Makela

Legal Practice Director

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Michelle Makela

Residential Tenancies (Vic)

2025 changes

Rent

Eviction without grounds

Rental Dispute Resolution Victoria

Rights and obligations of landlords and tenants

Residential tenancy disputes

VCAT tenancy disputes

Commencing VCAT proceedings

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