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 the Residential
Tenancies Bond Authority, • ensuring the property is in a liveable
condition, • organising 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 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 be properly maintained and suitable for living in,
• that 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 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 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 tenancies agreement, Go To
Court Lawyers operate a Legal Hotline on 1300 636 846 where you can talk directly to a lawyer
7am – 9pm, 7 days/week.
Your call will be treated with the strictest confidentiality and without judgement.
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 www.gotocourt.com.au and a lawyer will call you
back to assess your matter.
