Landlord and Tenant Rights and Obligations in Victoria

Transcript

Landlord and tenant rights and obligations in Victoria In Victoria, if you rent from another person a residential property or a room in a residential property or if you are the one renting the property or room, it is important to understand your legal rights and obligations. These rights and obligations differ from those which apply to rental of commercial premises. Residential tenancy agreements are regulated by the Residential Tenancies Act 1997. For residential properties in Victoria, the name given to a property owner who grants another party the right to live in their property for a time is the landlord. The person or people who have been granted the right to live in the property are known as the tenant or tenants. 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 before the tenant can be replaced. 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 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 a residential tenancy's bond authority, ensuring the property is in a liveable condition, organizing repairs to the property, ensuring any pools or spas are fenced and that the fencing complies with legal requirements, ensuring replacement water fittings are three-star rated, completing a final inspection at the end of the tenancy and refunding the bond at the end of the tenancy. Throughout the course of the tenancy, the landlord must respect the tenant's privacy.

If the landlord wishes to enter the property, they must observe the relevant rules and notice periods which apply. This varies according to the purpose for which the landlord wishes to enter. The landlord's rights include the right to receive a damage or rental bond, the right to receive rent on time, the right to be able to complete inspections of the property, that the tenant keep the property maintained and clean, that the tenant report any damage or any necessary repairs, and the right to claim a portion of the bond where damage is done to the property. The tenant's obligations include completion of a condition report, payment of damage or 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 necessary repairs to the landlord, complying with any other conditions agreed upon, cleaning the property at the end of the tenancy, and returning all keys and remote controls to the landlord upon vacating. The tenant's rights include the right to receive a signed copy of the tenancy agreement, the right to receive a condition report, the right to quiet enjoyment of the property, that the property must be properly maintained and suitable for living in, the repairs are done within a reasonable time frame, and the right to receive bond back once the tenancy has ended.

Should a dispute arise between a landlord and a tenant, to resolve it, the party 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 a tenant or the landlord to agree to anything or even to attend the meeting. The final option is to file an application with the Victorian Civil and Administrative Tribunal, or 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 or someone you know is concerned about landlord or tenant rights and obligations, or a residential tenancy's agreement, Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted), where you can talk directly to a lawyer 7am till midnight 7 days a week. Your call will be treated with the strictest confidentiality and without judgment. The lawyer will assess your matter and recommend a course of action. Should you need a lawyer, even if it is at very short notice, the legal hotline staff will be able to arrange legal representation for you.

You can also request a call back via the website gotocourt.com.au, and a lawyer will call you back to assess your matter.