Residential Tenancy Offences (Vic)

In Victoria, residential leases are governed by the Residential Tenancies Act 1997 (RTA) and disputes about tenancies are heard by the Victorian Civil and Administrative Tribunal (VCAT). As well as regulating relationships between tenants and renters, the RTA contains a range of civil offences for which landlords and real estate agents can be penalised if they do not comply with the Act. This page outlines some of the offences that exist under the Victorian Residential Tenancies Act 1997.

Consumer Affairs Victoria

If a party commits a residential tenancy offence, the matter should be reported to Consumer Affairs Victoria (CAV).  CAV can issue infringement notices or apply to the Magistrates Court to order a party to pay a financial penalty.

False representations

Under section 501 of the RTA, it is an offence to make a false or fraudulent misrepresentation as to a provision of the RTA, a person’s rights or duties under the RTA or a term of a lease in relation to a residential rental agreement, a proposed residential rental agreement, a site agreement or a residential right.

A person who commits this offence may be fined up to 150 penalty units (or 750 in case of a body corporate).  

Persuade person not to exercise their rights

Under section 502 of the RTA, it is an offence to, by threat or intimidation, persuade a person not to exercise their rights or initiate proceedings under the Act.

This offence is punishable by a fine of up to 150 penalty units (or 750 in case of a body corporate).

Where tenant required to vacate premises

Where a rental provider issues a tenant with a Notice to Vacate under section 91ZY – 91ZZB of the Act, it is an offence to rent the premises to a person to use as a residence within six months of the date of the Notice to Vacate, unless it is leased for occupation by a family member under section 91ZZA.  

This offence is punishable by a fine of up to 150 penalty units (or 750 in case of a body corporate).

Property must meet minimum standards

Under section 65 of the RTA, it is an offence to rent out a residential property that is not vacant and in a reasonably clean condition. A renter is not required to take up occupation of premises that do not comply with this requirement.

Under section 65A of the RTA, it is an offence to rent out a residential property that does not comply with the prescribed rental minimum standards. These standards are detailed in Schedule 4 of the Residential Tenancies Regulations 2012.  A renter may issue a request for urgent repairs if premises do not meet these standards.

These offences are punishable by a fine of up to 60 penalty units (or 300 in case of a body corporate).

Rental agreements

The RTA also contains offences relating to rental agreements. A rental agreement must be in a standard form provided by Consumer Affairs Victoria. It must not contain prohibited terms.

These offences are punishable by a fine of up to 25 penalty units.

Misleading or deceptive conduct

The RTA contains offences relating to misleading or deceptive conduct by a rental provider. It is an offence under section 30G to make a false or misleading statement about the rent of premises. It is an offence under section 30E to engage in misleading or deceptive conduct to get a person to enter into a rental agreement.

These offences are punishable by a fine of up to 60 penalty units (or 300 in case of a body corporate).

Misconduct by tenant

The RTA also contains provisions relating to misconduct by tenants. However, these are not civil offences, but acts that amount to breaches of a tenancy agreement for which the agreement may be terminated.

Misconduct by a tenant that can lead to the termination of a residential tenancy agreement includes:

• the nonpayment of rent (section 91ZM)
• the nonpayment of bond (section 91ZN)
• failure to comply with a tribunal order (section 91ZO)
• where the tenant has breached the same term of the lease on more than two occasions (successive breaches) (section 91ZP)
• where the tenant has used the premises for illegal purposes (section 91ZQ).

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