Renting a home A guide for tenants - consumer.vic.gov.au
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Renting a home A guide for tenants consumer.vic.gov.au
Renting a home
The app for renters
Learn your rights and responsibilities as
a renter, understand condition reports,
contact your agent and more – all from
your smartphone.
Disclaimer, copyright and About this guide
publisher information Renting a home: A guide for tenants is the
Because this publication avoids the use of legal summary approved by the Director of Consumer
language, information about the law may have Affairs Victoria of the rights and duties of a
been expressed in general statements. This landlord and tenant under a tenancy agreement.
guide should not be relied upon as a substitute
for the Residential Tenancies Act 1997 or Under section 66 of the Residential Tenancies
professional legal advice. Act 1997 (the Act) landlords and agents must
give the tenant this guide on or before the day
Authorised and published
they move in.
by the Victorian Government,
1 Treasury Place, Melbourne Consumer Affairs Victoria can take tenants,
September 2015 landlords and agents to the Magistrates’ Court
for not obeying certain obligations under the
ISBN: 978 1 921079 61 0
Act. In some circumstances, the Magistrates’
Court may impose a fine.
Unless indicated otherwise, this work is Additional copies
made available under the terms of the Additional copies of this guide are available
Creative Commons Attribution 3.0 Australia from the Consumer Affairs Victoria website.
Licence. To view a copy of this licence, visit To order more than five copies, download an
creativecommons.org/licenses/by/3.0/au order form from the website.
It is a condition of this Creative Commons
Attribution 3.0 Licence that you must give Information about renting is available in
credit to the original author who is the State 20 languages at consumer.vic.gov.au/
of Victoria. languages.
If you would like to receive this publication
in an accessible format, please telephone
Consumer Affairs Victoria on 1300 55 81 81.
2
Contents
Essentials for tenants.............................. 4 Smoke alarms...................................... 22
At the beginning of a tenancy............... 4 Swimming pools and spas................... 23
During a tenancy................................... 4 Entry to the premises........................... 23
At the end of a tenancy......................... 4 Rent increases...................................... 24
RentRight app........................................ 5 Part 3: Ending a tenancy...................... 25
Part 1: Beginning a tenancy................... 6 Ending a tenancy agreement............... 26
At the start of your tenancy................... 7 When your landlord wants
Tenancy agreements ............................. 7 to end the tenancy.............................. 26
Signing your rental agreement ............. 8 When you want to end the tenancy .... 29
Tenancy databases................................. 9 Calculating minimum notice periods.... 31
Guarantees.......................................... 10 Challenging a ‘Notice to Vacate’.......... 32
Rent in advance................................... 10 Getting evicted.................................... 32
Deposits and charges........................... 10 Part 4: Leaving a tenancy after
The bond............................................. 11 giving or receiving notice.................... 34
The ‘Condition Report’........................ 12 Preparing to leave the property........... 35
Water meter readings.......................... 12 Agreeing on the return of the bond .... 35
Utility connections............................... 13 Final meter readings............................ 36
Part 2: During a tenancy...................... 14 Belongings left behind......................... 36
Paying rent.......................................... 15 Providing a forwarding address............ 37
Rent receipts........................................ 15 Part 5: Solving tenancy problems......... 38
Utilities................................................ 16 What you can do to solve a tenancy
Looking after the property................... 17 problem.............................................. 39
Your privacy......................................... 18 Reaching an agreement....................... 39
If you do not meet your Consumer Affairs Victoria..................... 39
responsibilities .................................... 18 Tenants Union of Victoria (TUV)........... 40
If a landlord or agent does not Housing for the Aged
meet their responsibilities.................... 18 Action Group (HAAG).......................... 40
Sharing a property............................... 18 Victorian Civil and Administrative
Change of landlord or tenant.............. 19 Tribunal (VCAT)................................... 41
Repairs................................................. 20
Useful contacts.................................... 42
Gas appliance safety............................ 22
3
Renting a home
Essentials for tenants
• Do not sign anything unless you • Official notices you give your
understand what it means. landlord or agent must include
all the required details. Use the
• Never sign a blank form – for
forms on the Consumer Affairs
example, a bond form – even if
Victoria website or the RentRight
it looks official.
app to ensure you provide the
right information to your landlord
or agent.
At the beginning of a tenancy • keep your property reasonably clean;
• read and sign your ‘Residential this will minimise any problems that
Tenancy Agreement’ form may occur during a landlord or agent
• keep a copy of anything you sign inspection
• seek advice if you have a tenancy issue • get written permission from your
or question landlord if you wish to sub-let or
• check that your new home is completely assign the tenancy agreement to
safe, and raise any issues with your someone else
landlord or agent • let your landlord or agent know
• complete a ‘Condition Report’ if you of any repairs that need to be done
have paid a bond – you can add to or > see Repairs on page 20 for details
edit a ‘Condition Report’ completed • put all requests to your landlord or
by a landlord or agent > see The agent in writing. Forms are available
‘Condition Report’ on page 12 for details from Consumer Affairs Victoria.
• consider taking photos of the property At the end of a tenancy
before or on the day you move in
• give adequate notice when planning
• complete and sign the ‘Bond Lodgement’
to leave; the notice period will depend
form and keep the receipt > see The bond
on your reason for leaving
on page 11 for details
> see When you want to end the tenancy
• contact the utility companies of your
on page 29 for details
choice to ensure these are connected
• pay any outstanding rent
by the time you move in.
• check your responsibilities for
During a tenancy separately metered utilities
• communicate with your landlord or • clean the property
agent and keep them informed of any • consider taking photos after you
problems that may arise move your furniture out to show the
• make sure you pay your rent on time condition of the property
• keep all records such as rent receipts
4
Essentials for tenants
• take all your belongings with you
> see Belongings left behind on page 36
for details
• keep the ‘Condition Report’ in case
of a dispute
• try to agree with your landlord or
agent on the return of the bond
> see Agreeing on the return of the bond
on page 35 for details
• if you have paid a bond, complete the
‘Bond Claim’ form and return it to the
Residential Tenancies Bond Authority.
The form must be signed by you and
your landlord or agent
• leave a forwarding address with your
landlord or agent or Australia Post.
RentRight app
RentRight is a free mobile app for renters,
available for iPhone and Android users.
RentRight has information and tools to
help you manage your tenancy.
You can use RentRight to:
• correctly contact your landlord or
agent
• adapt and send sample emails on a
range of issues, including repairs and
written agreement to accept electronic
ending a lease
communication. You will be prompted to
• access information to help resolve
do this when you first use the app.
problems you may encounter
• calculate how much a week’s rent is Private renters in Victoria can use all parts
per month, six months and yearly of this app. Some of its functions can
• calculate your up-front costs when also apply to public housing tenants; for
moving into a new rental. further advice, contact your local Housing
office.
To send your landlord or agent notices
via the RentRight app (for example, about For more information and to download
repairs, damages, utilities, moving out the app, visit consumer.vic.gov.au/
or breaches of duty) you must get their rentright
5
Renting a home PART 1: Beginning a tenancy 6
PART 1: Beginning a tenancy
At the start of your tenancy
• Carefully read and understand • Pay the bond if required.
the tenancy agreement before • Pay rent in advance if required.
you sign it.
• Fill out and keep a copy
• Get the landlord or agent’s of the ‘Condition Report’.
contact details.
Tenancy agreements Most people who sign a tenancy
A tenancy agreement, also called a lease, agreement pay rent to a landlord or
can be in writing or verbal. If a tenancy agent working for the landlord.
agreement is in writing it must be in
the proper legal form. Tenancy agreement Note:
forms are available from the Consumer If you or your landlord do
Affairs Victoria website. not give notice to end a
fixed‑term agreement, you
There are two types of tenancy
will automatically roll over to a
agreements: periodic tenancy agreement at the
1. A fixed-term agreement is for an initial end of the fixed term.
set period. For more information about
2. A periodic agreement has no end date. ending a tenancy, see Ending a
tenancy agreement on page 26.
A tenancy agreement is a legal contract
between you and your landlord.
It outlines:
• the rent you need to pay and
how to pay it
• the length and type of tenancy
• the amount of bond required
• other conditions and rules.
7
Renting a home
Signing your rental agreement Your landlord or agent can be fined if:
Before you sign the tenancy agreement: • they do not provide these details on or
before the first day of your occupancy
• your landlord or agent must give you
• they do not advise you of any changes
a copy of the unsigned document
to their contact details within seven
• read it carefully and make sure you
days.
understand it.
Extra terms and conditions may be Tenants with children
included if you and your landlord or In most circumstances, a landlord or
agent agree, but these must comply agent cannot legally refuse to rent a
with the Act. property to tenants with children. This is
discrimination and is against the law.
Once the tenancy agreement has been
signed, your landlord or agent must give For information about discrimination in
you a copy within 14 days. accommodation, contact the Victorian
Equal Opportunity and Human Rights
Your landlord or agent must give you: Commission > see Victorian Equal
• their full name and address Opportunity and Human Rights Commission
• an emergency telephone number and (VEOHRC) on page 43 for contact details.
(in the case of agents) a fax number
to be used for urgent repairs. Pets
The Residential Tenancies Act 1997 does
If an agent (rather than the landlord) not make any mention of pets.
manages your property, they must also
provide in writing: However, it may be possible to have
a clause in a tenancy agreement that
• details of whether or not the agent can bans pets.
authorise urgent repairs, and
• if the agent can authorise urgent If you have a pet or intend to get one, you
repairs, the maximum amount they should let your landlord or agent know as
can authorise. it may be in breach of the terms of your
tenancy agreement.
The landlord or agent should also give
you a copy of the owners corporation If you keep a pet that has been causing
rules, if any apply to the property. This is damage or nuisance, or interfering with
likely if you are renting an apartment, a the reasonable peace and comfort of
townhouse or a unit. The rules may cover neighbours, you can be issued with a
day-to-day issues such as parking, pets ‘Breach of Duty’ notice by the landlord
and noise. or agent.
If your pet has been found to be
endangering the safety of neighbours,
you may be given an immediate
‘Notice to Vacate’ by the landlord
or agent.
8
PART 1: Beginning a tenancy
Tenancy databases The landlord or agent can face
Tenancy databases, also referred to as significant penalties for not advising
‘blacklists’ or ‘bad tenant databases’, you about databases.
contain information about the renting Listing a tenant on a database
history of certain tenants.
You can only be listed on a database if:
A landlord or agent can pay a • you were named on the tenancy
membership fee to access a database agreement
when choosing a tenant for a property. • the agreement has ended
They can use the database to: • you breached the agreement and
• search for and screen prospective because of the breach, you owe an
tenants amount more than the bond, or VCAT
• list previous tenants. has made a possession order.
Notifying prospective tenants This applies if you breached your tenancy
about databases agreement by:
When you apply to rent a property, • maliciously damaging property
and the landlord or agent are using • endangering neighbours’ safety
a database to help decide whether a • not paying rent
tenancy agreement should be entered • failing to comply with a VCAT order
into, they must: • using the property for illegal purposes
• sub-letting the property without the
• advise you if they subscribe to
landlord or agent’s consent.
a database
• provide you with the contact details Before listing a tenant on a database,
of the database operator. the landlord or agent (or the database
operator) must notify the tenant in
The details must be in writing.
writing, and provide them with 14 days
If the landlord or agent finds personal to object and make submissions.
details of you on a database, they must
Updating or removing listings
advise you in writing, within seven days, of:
Listings more than three years old must
• the name of the database and the be removed from a database.
person who listed the information
If the landlord or agent become aware
• the personal information held in the
that information listed is inaccurate
database
or out-of-date, they must notify the
• how you can check, change or remove
database operator within seven days.
the listing (that is, by contacting the
database operator or the person who The operator must then change or
listed you). remove the listing within 14 days.
You can apply to VCAT to change or
remove inaccurate or out-of-date listings.
9
Renting a home
Rent in advance
If you pay rent weekly, your landlord or
agent cannot ask for more than 14 days’
rent at the beginning of a tenancy. In any
other case, provided the rent is $350 a
week or less, the landlord or agent cannot
ask for more than one month’s rent in
advance.
Deposits and charges
A landlord or agent can ask you for a
holding deposit. This must be refunded
when the tenancy agreement is signed.
If no tenancy agreement is made within
14 days, the money must be refunded by
the next business day.
A landlord, agent or other third party
cannot charge for:
Guarantees
A guarantee is an agreement where a • showing you a property
person, other than you, agrees to pay • issuing a rent payment card
the landlord for any losses incurred if • establishing or using direct debit facilities
you breach any part of your tenancy • making, continuing or renewing a
agreement or the Residential Tenancies tenancy agreement (this may also
Act 1997. be referred to as a premium, bonus,
commission or key money).
Your landlord can only ask for a guarantee
as well as a bond when:
• the rent is more than $350 a week, or
• you are renting your landlord’s
principal place of residence until they
resume living there. This condition
must be stated in the lease.
If there is a guarantee but no bond, the
guarantee can only be enforced if the
amount is no more than one month’s rent.
10PART 1: Beginning a tenancy
The bond Bonds from the Director of Housing (DoH)
Most landlords or agents will ask you to If you are on a low income and can afford
pay a bond. A bond acts as a security that to rent privately, but are struggling to pay
you will meet the terms of your tenancy the up-front costs, you may be eligible for
agreement. If you fail to keep the property a bond loan from the DoH.
clean, cause damage or are in rent arrears, A DoH ‘Bond Lodgement’ form must be
your landlord or agent may claim some or used for any part of the bond provided
all of the bond when the tenancy ends. by the DoH. The DoH will issue the form
If your rent is $350 a week or less, the with the bond payment when a bond
bond cannot be more than one calendar loan is approved.
month’s rent. Your landlord or agent In cases where you have paid the bond
cannot increase the bond during your while waiting for an approved DoH bond
tenancy. loan, you may apply to the RTBA to get
Looking after the bond your bond money back.
Your bond money is held by the To find out if you are eligible for a
Residential Tenancies Bond Authority (RTBA). DoH bond loan, contact the DoH through
the Department of Health & Human
If your landlord or agent receives a bond
Services > see Department of Health
or a part payment of a bond, they must
& Human Services on page 43 for contact
give you a completed and signed official
details.
‘Bond Lodgement’ form to sign.
Dishonoured bond payments
’Bond Lodgement’ forms If a bond payment to the RTBA is
can be generated on the dishonoured, the landlord or agent can
RTBA Online website at organise to collect the money and re-lodge
rentalbonds.vic.gov.au. the bond, give you a 14-day ‘Notice to
Vacate’ for non-payment of a bond, or
waive the bond.
Payment must be made by cheque
or money order to the ‘Residential Difference between bond and rent
Tenancies Bond Authority’. The postal Your bond and rent are separate
details are under Residential Tenancies payments. You may be fined for treating
Bond Authority (RTBA) on page 42 and on any part of the bond as rent.
the ‘Bond Lodgement’ form. The RTBA will
You must continue to pay rent until you
send a receipt to you and your landlord
vacate even if:
or agent. Contact the RTBA if you have
• your landlord has refused to do repairs
not received a receipt 15 business days
• you have given your landlord notice of
after paying your bond.
your intention to vacate
• your landlord has given you a
‘Notice to Vacate’.
11Renting a home
The ‘Condition Report’ Completing the ‘Condition Report’
If you have paid a bond, your landlord or It is important to note on the ‘Condition
agent must prepare a ‘Condition Report’, Report’ if you disagree with any points.
which records the property’s general
Check that everything attached to a ceiling,
condition, including fittings and fixtures
wall or a door (for example, light fittings,
before you occupy the rented premises.
mantelpieces, hooks and handles) is fixed
Even if you have not paid a bond, it is still
securely and unlikely to injure anyone.
a good idea to get a ‘Condition Report’.
Take photographs, particularly of any
Consumer Affairs Victoria has a ‘Condition
features of the premises you have made
Report’ form to help you rate the
a note of in the condition report.
condition of your new home.
The ‘Condition Report’ can be used as
Reporting safety issues
evidence if there is a dispute about who You should inform your
should pay for cleaning, damage, or landlord or agent of any
replacement of missing items, particularly defects that pose a threat
at the end of a tenancy. to safety so these can be fixed by an
expert. If you report a safety risk and it
If possible, take photos of the premises
is not fixed, you can take further action
before you move in to further show > See Repairs on page 20.
their condition.
If the problem is serious enough to
Your landlord or agent must provide you make the premises unsafe to live
with two copies of the signed ‘Condition in, notify your landlord or agent
Report’ before you move in. immediately. If the problem cannot
be fixed, you may be able to end your
Review and, if necessary, add your tenancy agreement.
comments to the ‘Condition Report’. See the Consumer Affairs Victoria
Return the report to your landlord or agent website for further details.
within three business days of moving in.
All parties should keep their copy of the
‘Condition Report’ until the end of the Water meter readings
tenancy. If the property has a separate meter,
your landlord or agent:
Your landlord or agent may claim some
or all of the bond for cleaning, damage, • can arrange for you to be billed for
or replacement of missing items at the water usage and sewage disposal
end of your tenancy. If the ‘Condition • must give your contact details to the
Report’ stated that the work was required water provider, who will read the
at the start of the tenancy, or the items meter and commence billing.
were not listed, it can help you prove the It is a good idea to confirm the details in a
bond should be returned to you. letter to the water provider and keep a copy.
12PART 1: Beginning a tenancy
Utility connections the tenancy application form for
When starting a tenancy, you should: this service; if you do, you are only
consenting to having the connection
• contact the utility providers of your company call you.
choice to ensure gas and electricity
are connected
• arrange for bills to be in your name Smoke alarms
• leave enough time to arrange any The landlord is responsible
connections prior to moving in. for fitting smoke alarms. For
more information, see Smoke
Some agents will offer a connection alarms on page 22.
service via an external company.
You do not have to tick the box on
13Renting a home PART 2: During a tenancy 14
PART 2: During a tenancy
Paying rent
• Pay your rent on time.
• Get a rent receipt.
You are responsible for paying your rent • keep a record of the payment for
on time. You must continue paying it 12 months. If you request a copy
until the tenancy ends. within that time, they must provide
you with a copy of the record within
five business days.
Remember:
If any rental payments are The landlord can be fined if the rules on
late or not made, you may be providing rent receipts are not followed.
in breach of your tenancy
agreement. If the rent is 14 days or A rent receipt must include:
more behind, your landlord or agent • your landlord or agent’s signature
can give you a 14-day ‘Notice to • your name
Vacate’. • property address
• payment date
• what period the payment was for
Rent receipts
• how much was paid
You are entitled to receive a receipt for • a statement that it is a rent receipt.
each rent payment. Your landlord or
agent who receives the rent must:
• give you a receipt immediately if you
pay in person
• give you a receipt within five business
days if you do not pay in person but
request a receipt
15Renting a home
Utilities
Communicating with Water expenses
your landlord or agent
You and your landlord or If the property has its own meter, you must
agent may need to contact pay for:
each other about issues such as rent • water consumption, and
increases, sub-letting, damage to the
• (in the Melbourne metropolitan area)
premises, or ending the tenancy.
sewage disposal, unless your landlord
You should always communicate or has agreed to pay these charges.
confirm important matters in writing. This agreement must be in writing
Your written communications should and signed by the landlord.
be clear, signed, and include all the
necessary details. Keep copies for The landlord must pay all other charges
future reference. Consumer Affairs related to water supply, although
Victoria has forms available for a different rules may apply when a tank is
range of scenarios. the main source.
See consumer.vic.gov.au/renting
Other utilities
for details.
Your landlord must pay all installation and
You can communicate with your initial connection costs for electricity, gas
landlord or agent via email, if they
and oil supply. If there is a separate meter,
agree. It is a good idea to get this
you must pay for all other charges for these
agreement in writing. Note that you
must have your landlord or agent’s amenities, unless otherwise agreed. If there is
written agreement if you want no separate meter, your landlord must pay.
to email them official notices (for Where bottled gas is provided, your
example, about repairs, damages,
landlord pays for the supply or hire of
utilities, moving out or breaches
bottles, and you pay for the gas. Your
of duty).
landlord must reimburse you:
You can use the email templates in
Consumer Affairs Victoria’s RentRight • if you have paid the costs of any
app to correctly contact your landlord utilities for which your landlord is liable
or agent via email, if they agree. For • for any rates or taxes paid to a
more information and to download public authority that are not part of
the app, visit consumer.vic.gov.au/ consumption charges for the service.
rentright
Read your tenancy agreement carefully
and make sure you clearly understand
who is responsible for paying utilities.
Tenants in housing owned or subsidised by
the government may be charged separately
for expenses such as heating and laundry.
16PART 2: During a tenancy
Sustainable living tips
Environment Victoria
publishes The Victorian Green
Renters’ Guide: Sustainable
Living Tips for Renters.
You can download a copy from
environmentvictoria.org.au/
rentersguide or call (03) 9341 8100.
Looking after the property
Tenants, landlords and agents have
responsibilities during a tenancy.
As a tenant you must:
• keep the premises reasonably clean
• not cause damage
• notify your landlord or agent of any
damage as soon as possible • let you have peace and quiet
• ensure you and your visitors respect in the premises
your neighbours’ rights to privacy, • not carry out a general inspection
peace and comfort of the premises until after the end of
• ensure the property is not used for any the first three months of continuous
illegal purpose occupation. This does not apply if
• obtain consent from the landlord or the landlord is selling the property,
agent before installing any fixtures, or and wishes to inspect it for valuation
making any alterations/renovations. purposes
• follow the rules about proper
Your landlord or agent must:
notice periods for ending a tenancy
• give you a copy of this guide on or
> see When your landlord wants
before the day you move in
to end the tenancy on page 26 for
• ensure the rented premises are vacant
details.
and in a reasonably clean condition on
the day you move in Your landlord or agent must give
• keep the premises in good repair
• ensure any replacement water
you a copy of this guide on or
appliance, fitting or fixture meets before the day you move in.
energy efficiency standards
• give you a key as soon as possible
after changing any lock
17Renting a home
Your privacy Sharing a property
Landlords or agents who collect personal There are generally two types of arrangement
information from you may be bound when tenants are sharing a property.
by privacy laws, placing restrictions on
Co-tenancy
how this information is passed on to
third parties. If you think your personal In a co-tenancy, every tenant signs the
information is being misused, contact tenancy agreement and all names appear
the Office of the Australian Information on the bond lodgment form. Usually, the
Commissioner on 1300 36 39 92 or visit bond amount is divided equally among all
oaic.gov.au. tenants. However, each tenant is responsible
for the full amount of the bond, not just
If you do not meet your their share.
responsibilities
Your agent or landlord can issue you with Remember:
a ‘Breach of Duty’ notice if you do not In a co-tenancy, any one
meet certain responsibilities. The notice individual can be held
will ask you to rectify the problem. If responsible for the actions of
the problem continues, your agent or all the tenants if, for example,
landlord could ask the Victorian Civil and rent is owing or the property has
Administrative Tribunal (VCAT) to make been damaged.
an order.
If a landlord or agent does not Sub-letting
meet their responsibilities In the case of sub-letting, one or more
You can also send your landlord or agent existing tenants will rent out part or all of
a ‘Breach of Duty’ notice under certain the property to other people. The tenants
circumstances if you believe they are not who signed the initial tenancy agreement
meeting their responsibilities. are the ‘head tenants’ and those tenants
renting from them are called ‘sub-tenants’.
Before you issue a ‘Breach A tenant must not sub-let without the
of Duty’ notice, it is landlord’s written approval. A landlord
recommended you contact must give permission, unless there is
Consumer Affairs Victoria or a good reason to refuse. It is illegal
a tenancy advocacy service to charge a fee for giving permission.
for more information. If you sub-let, you will become the
landlord to your tenant and must
take on those responsibilities.
18PART 2: During a tenancy
If you believe your landlord is refusing If a new tenant moves in under the
to allow you to sub-let without a good existing tenancy:
reason, you can apply to the Victorian Civil
• you must get your landlord’s written
and Administrative Tribunal (VCAT) for a
permission to assign the tenancy
ruling. If you are living in public housing,
agreement to someone else
your landlord is generally allowed to refuse
• the landlord or agent and the
permission for you to sub-let.
incoming, outgoing and any
continuing tenant must complete and
Remember: sign a ‘Tenant Transfer’ form to change
You must get your landlord’s ownership of the bond
written permission before • they should not pay the bond directly
sub-letting any part of the to any other tenant without signing a
property. It is a good idea to seek ‘Tenant Transfer’ form
advice when considering sub-letting
• you must send the form to the RTBA
and before finalising any agreement.
within five days of the new tenant
moving in.
Bond A fine can be imposed for not sending
If your landlord gives permission for you a transfer form to the RTBA.
to sub-let and you take a bond from a
sub-tenant, you must lodge the bond
If you are living in a
with the Residential Tenancies Bond
rooming house, please refer
Authority (RTBA) within 10 business days. to Rooming houses: A guide
The RTBA will consider you as a landlord for residents and operators.
for this purpose.
Copies of this guide are available
Change of landlord or tenant from consumer.vic.gov.au
If a new landlord or agent takes
over the property:
• the previous and new landlords/agents
must complete and sign an ‘Agent/
Landlord Transfer’ form and send it
to the RTBA within five days of the
changeover, and
• they must give you a copy of this form.
19Renting a home
Repairs Urgent repairs
• Document repair requests If you request urgent repairs the landlord
in writing. or agent must respond immediately.
Urgent repairs are:
• Keep copies of all letters, forms
and reports for future reference. • a burst water service
• a blocked or broken toilet system
• Use forms available from the • a serious roof leak
Consumer Affairs Victoria website • a gas leak
or the RentRight smartphone • a dangerous electrical fault
app – see consumer.vic.gov.au/ • flooding or serious flood damage
rentright. • serious storm or fire damage
• a failure or breakdown of any essential
Repairs are your landlord’s responsibility.
service or appliance provided by your
However, if you caused the damage,
landlord or agent for hot water, water,
the landlord or agent can ask you to
cooking, heating, or laundering
arrange to repair it or pay for repairs
• failure or breakdown of the gas,
they undertake.
electricity, or water supply
Tenants, landlords and agents must • any fault or damage in the premises
follow set procedures when dealing with that makes the premises unsafe or
urgent and non-urgent repairs. You must insecure
continue to pay rent even while waiting • an appliance, fitting or fixture that
for repairs. is not working properly and causes
However, if the matter has gone to the a substantial amount of water to be
Victorian Civil and Administrative Tribunal wasted
(VCAT), you can apply for the rent to be • a serious fault in a lift or staircase.
paid into VCAT’s Rent Special Account
until the issue is resolved.
20PART 2: During a tenancy
Non-urgent repairs
Steps you can take
to have an urgent
• Write to your landlord or
item repaired agent telling them what
Contact your landlord or needs to be repaired.
agent using the emergency telephone
number they provided at the start of
• You may use Consumer Affairs
your tenancy. The landlord or agent Victoria’s ‘Notice to Landlord
must respond without delay. If a repair of Rented Premises’ form.
is urgent and you are not getting a
If you give your landlord or agent a list
prompt response from your landlord or
agent, you can authorise the repair for of repairs that need to be done, they have
up to $1800. 14 days to carry them out.
You can then give your landlord or If they do not carry out the repairs,
agent a notice asking that they pay contact Consumer Affairs Victoria.
you back for the cost of the urgent Consumer Affairs Victoria may be able
repairs. Your landlord or agent has to resolve the matter by talking to the
14 days to pay from the date they landlord or agent.
receive the notice.
If the matter cannot be resolved, you can
If:
send a copy of the written repairs notice
• the landlord or agent does not
to Consumer Affairs Victoria and ask for
complete the urgent repairs and
a Consumer Affairs Victoria inspector
they are going to cost more than
$1800, or to visit the property. The inspector can
• you cannot afford to pay for them, report on whether the landlord has
or breached their duty to maintain the
• the landlord refuses to reimburse premises in good repair.
you if you have paid for the repairs If the repairs still have not been done
you can apply to VCAT, which will hear after you receive the inspection report,
the application within two business you then have 60 days to apply to VCAT
days. VCAT can order the landlord or for a repair order.
agent to arrange the repairs.
You must continue to pay rent even if
your landlord or agent has not arranged
for the repairs. However, if the matter
has gone to VCAT, you may apply for the
rent to be paid into VCAT’s Rent Special
Account until the issue is resolved.
21Renting a home
Gas appliance safety owner. If you are a tenant, make sure
Landlords/agents or owners’ responsibilities you are satisfied that any gas appliance
is operating safely. If you are concerned
Landlords/agents or owners must ensure
about the safety of a gas heater, contact
that rented premises are maintained
your landlord/agent or owner and ask for
in good repair. This includes ensuring
it to be tested. Before you sign a lease,
that all gas appliances provided by
you may consider requesting a condition/
the landlord/agent or owner, such as
clause be added requiring the landlord/
heaters and stoves, are safe to use and
agent or owner to undertake to have any
properly maintained. All installation and
gas appliances checked and certified safe
maintenance of a gas fitting or fixture
every two years.
should be done by a licensed gas fitter.
Failing to ensure gas appliances are safe To minimise gas safety risks:
to use or properly maintained can result • use appliances appropriately and in
in death, serious injury or considerable accordance with the instructions
property damage. Energy Safe Victoria • report any fault or malfunction to your
recommends gas heaters and water landlord/agent or owner
heaters are serviced every two years. • immediately stop using any appliance
Gas leak danger that is obviously faulty
Professional servicing of gas appliances • allow reasonable access for gas safety
is necessary because carbon monoxide checks
leaks are hard to detect. The poisonous • do not illegally install, remove or
gas is tasteless, colourless and odourless. tamper with any gas appliance.
Symptoms of carbon monoxide poisoning The landlord/agent or owner and the
include tiredness, shortness of breath, tenant should work together to ensure
headaches, nausea, vomiting and that a safety check is done at agreed
dizziness. Fixing a gas leak qualifies as intervals – which Energy Safe Victoria
an urgent repair and a landlord/agent or recommends should be every two years.
owner must respond immediately to the For more advice on general gas safety in
tenant’s request for repairs. If a landlord/ the home, visit esv.vic.gov.au.
agent or owner is not contactable or
does not respond immediately, you can Smoke alarms
authorise an urgent repair of up to $1800 Smoke alarms must be installed in
and the landlord/agent or owner must all Victorian homes, units, flats and
reimburse you. townhouses. Landlords/agents or owners
are responsible for fitting smoke alarms in
Tenants’ responsibilities
rented properties.
Tenants also have responsibilities,
including to immediately report any gas Hard-wired smoke alarms with a battery
appliance fault to the landlord/agent or back-up must be installed in all buildings
22PART 2: During a tenancy
constructed after 1 August 1997, as • fences (especially boundary timber
well as all rooming houses. Buildings paling fences) are in good repair and
constructed before then can have a cannot be climbed.
battery-powered smoke alarm.
Tenants or residents should:
The Metropolitan Fire Brigade
• ensure all gates to the swimming pool
recommends all smoke alarms be:
or spa area are closed at all times,
• tested regularly except when entering or leaving the
• replaced after 10 years. area
• notify the landlord/agent or owner
Tenants or residents should:
of any faults with pool or spa fences,
• not deactivate a smoke alarm or doors or gates.
interfere with its operation in any way
If there is a fault with the fence or barrier
• notify the landlord/agent or owner if a
(including a gate or door) which causes it
smoke alarm is faulty or not in working
to be unsafe, it is an urgent repair and the
order.
landlord/agent or owner must arrange for
Swimming pools and spas it to be fixed immediately.
If you are renting a property that has a For more information about pool safety
pool or outdoor spa, check that the fence requirements, visit the Victorian Building
or safety barrier is secure for you and Authority website vba.vic.gov.au.
others who live at or visit the property
(especially children). Entry to the premises
All doors and gates that provide access to What your landlord or agent can do:
a pool or spa must have self-closing and • Your landlord or agent may enter your
self-latching devices. property at a date and time that you
have both agreed on. However, this
The Victorian Building Authority agreement cannot be made more than
recommends checking that: seven days before the entry.
• self-closing and self-latching devices • In any other case, your landlord or
on pool and spa doors and gates work agent has the right to enter with 24
properly hours written notice to you, in order to:
• gates are not misused by being –– carry out duties specified in your
propped open tenancy agreement, Residential
• there are no items that could be Tenancies Act 1997 or any other Act
–– value the property
used to climb over the barrier within
–– show prospective buyers or financial
900mm of the gate or fence; for lenders through the premises
example, tree branches, pool pumps –– show prospective tenants through
or pot plants the premises (within 14 days of the
lease termination date)
23Renting a home
–– verify a reasonable belief that you
have not met your duties as a tenant Note:
–– make one general inspection in any You do not have to agree to
six-month period, but not within the a verbal request from your
first three months of the tenancy landlord or agent to enter the
premises.
The landlord or agent can only enter
You may request your landlord or
between 8am and 6pm, and not on agent provide written notice and a
public holidays. If you are home, you reason for entering the property.
must let the landlord or agent in,
providing the appropriate notice has
been given or agreement reached not Rent increases
more than seven days before. What you should know:
Your landlord or agent can enter the • If your tenancy agreement is for a fixed
premises if you are not home, providing that term, your landlord or agent cannot
suitable written notification has been given. increase the rent before the end date,
However, it is recommended that you are at unless the agreement states otherwise.
home during a landlord or agent visit. You can negotiate this with your
landlord or agent.
The inspection notice must be hand • Your landlord or agent cannot
delivered between 8am and 6pm or posted increase the rent more than once
to you. in any six-month period.
What landlords or agents cannot do: • Your landlord or agent must give
you at least 60 days’ notice of any
Whether entering at an agreed time,
rent increase using the ‘Notice of
or with 24-hours notice, the landlord
Rent Increase to Tenant/s of Rented
or agent does not have the right to:
Premises’ form.
• enter in an unreasonable way • If your rent was $350 or less per week
• stay any longer than necessary to when you first moved into the property,
do what is required, unless it is with your landlord or agent cannot increase
your permission. the bond during any subsequent
agreement, even if the rent becomes
more than $350 per week.
What to do if you think your rent increase is too high
You can request a rent assessment from Consumer Affairs Victoria if you think:
• a rent increase is too high
• your rent under the tenancy agreement is excessive given that some or any of the
services, facilities or other items have been withdrawn or reduced.
A request for a rental assessment for excessive rent increase must be made in writing
within 30 days of receiving a ‘Notice of Rent Increase to Tenant/s of Rented Premises’.
You have 30 days from receiving the rent assessment report to apply to the Victorian
Civil and Administrative Tribunal (VCAT) for a hearing. VCAT may set a maximum rent
if the report is accepted.
24PART 3: Ending a tenancy
PART 3:
Ending a tenancy
25Renting a home
Ending a tenancy agreement
A tenancy agreement can only be If your landlord wants to end the
ended in accordance with the Residential tenancy:
Tenancies Act 1997.
• They must give you a ‘Notice to
There are three main ways Vacate’ in the correct written form.
to end a tenancy:
1. All the parties can agree to end
• The notice must be sent to you at
the tenancy. the rented premises by registered
2. Your landlord or agent gives you a post, or given to you in person.
valid ‘Notice to Vacate’. Agreeing to end a tenancy early
3. You give valid notice to your landlord
• You and your landlord can agree to
or agent that you intend to vacate.
end the tenancy early.
Even if a tenancy has a fixed end date, • It is important to put the decision
notice must be given to end it. in writing.
• This written notice should include any
If you want to end the tenancy:
agreed costs, terms and conditions,
• Advise your landlord or agent and the date the tenancy is to end.
in writing if you want to leave • If you have a fixed-term agreement
the property. but need to end your lease early, you
should give written notice as soon as
• Make sure you give the possible that you are leaving. Breaking
appropriate notice > see Reasons a tenancy agreement may require you
and minimum notice periods on to pay compensation to your landlord.
page 30 for details. • Either party can apply to the Victorian
Civil and Administrative Tribunal
• Ensure that your notice is
(VCAT) to end a tenancy early on the
delivered within a suitable time. basis of hardship > see Victorian Civil and
Administrative Tribunal (VCAT) on page 42
Remember: for contact details.
Leaving and stopping rent
When your landlord wants
payments without giving the
appropriate notice is a breach to end the tenancy
of the contract between you and • They must complete and give you
your landlord. VCAT can award a valid ‘Notice to Vacate’ form.
compensation to landlords for money • The notice must be sent to you at the
lost because of such a breach. rented premises by registered post,
or given to you in person.
26PART 3: Ending a tenancy
Reasons and minimum notice periods
Under certain conditions, a landlord can legally end a fixed term or periodic
tenancy agreement.
Table 1 (below) shows the reasons a landlord may end a tenancy before the end of
the tenancy agreement.
Table 1: Reasons your landlord can ask you to vacate before the tenancy agreement
ends, and minimum notice required
Reason your landlord can ask you to vacate before the tenancy Minimum notice
agreement ends required1
Damage is maliciously caused to the premises or common areas by Immediate notice
you or your visitor.
You or your visitor put neighbours in danger. Immediate notice
If the premises are: Immediate notice
• totally destroyed
• partly destroyed and unsafe
• unfit to live in.
You owe at least 14 days’ rent. 14 days
You have breached a VCAT compliance order or compensation order. 14 days
You have already been given two ‘Breach of Duty’ notices and the 14 days
same breach occurs.
The premises are being used for illegal purposes. 14 days
Other tenants sub-let from you without the landlord’s consent. 14 days
You did not pay the bond as agreed. 14 days
You have a child living at the premises when the agreement does not 14 days
allow children.
The landlord is a government housing authority and you misled the 14 days
authority so you could be accepted as a tenant.
You have engaged in a drug-related activity in public housing. 14 days
1 Allow extra time when mailing. Check Calculating minimum notice periods on page 31 to calculate the extra
time correctly.
27Renting a home
Table 2 (below) shows the reasons a landlord can end a tenancy, but not before the
end of the tenancy agreement.
Table 2: Reasons your landlord can ask you to vacate, but not before the tenancy
agreement ends, and minimum notice required
Reason your landlord can ask you to vacate, but not before the tenancy Minimum
agreement ends notice required1
The tenancy agreement has a fixed term or set end date and states that you 14 days
have rented the landlord’s own home and the landlord will occupy it at the
end of the tenancy agreement.
The landlord is a government housing authority and you have unreasonably 30 days
refused to seek or accept an offer of alternative accommodation.
Planned reconstruction, repairs or renovations (for which all necessary permits 60 days2
have been obtained) cannot be properly carried out unless you vacate.
The premises are to be demolished and all necessary permits have 60 days2
been obtained.
The landlord wants to do something else with the premises (for example, 60 days2
use them for a business).
The landlord, a member of the landlord’s immediate family (including 60 days2
parents and parents-in-law) or a dependant (who normally lives with the
landlord) will be moving in.
The premises are to be sold or offered for sale with vacant possession 60 days2
immediately after the termination date of the tenancy agreement.
The premises have been sold and all sale conditions have been satisfied. 60 days2
A government authority owns the premises and needs them for public purposes. 60 days2
It is the end of a fixed-term tenancy agreement of fewer than six months. 60 days
It is the end of a fixed-term tenancy agreement of six months or more. 90 days
The landlord is a government housing authority and no longer meets 90 days2
its eligibility criteria.
No specified reason, but not just because you have been exercising your 120 days2
rights or saying you will do so.
1 Allow extra time when mailing. Check Calculating minimum notice periods on page 31 to calculate the extra
time correctly.
2 If your landlord gives you a ‘Notice to Vacate’ for any reason marked with note 2, you can respond by giving
your own 14-day ‘Notice to Vacate’. However, if you are on a fixed-term lease or agreement, the end date
on your notice cannot be before the end of the fixed term.
28PART 3: Ending a tenancy
When you want to end the tenancy, you are advised to use the
‘Notice to Landlord of Rented Premises’ form available from
Consumer Affairs Victoria.
When you want to end the tenancy Delivering a notice of intention to vacate
You are advised to use the ‘Notice to can be done by:
Landlord of Rented Premises’ form • personally delivering it to your landlord
available from Consumer Affairs Victoria. or agent
You must give your landlord or agent • leaving it for your landlord or agent
the correct amount of written notice. at their residence or business with a
person apparently over the age of 16
and apparently living or employed
Remember: there
In cases of severe hardship, • giving it to an authorised officer of the
you can apply directly to the corporation employed at its registered
Victorian Civil and
office, if your landlord is a corporation
Administrative Tribunal (VCAT)
• posting it to your landlord or agent at
to reduce the fixed-term tenancy.
their residence or business or, if your
landlord or agent is a corporation,
Your notice of intention to vacate must: posting it to the corporation’s
registered Victorian address.
• be in writing
• be signed by you or your It is a good idea to use registered post
representative so there is proof of when and where the
• give a reason, if applicable notice was sent.
> see Table 3: Reasons you can give your
Ending an agreement before you move in
landlord for vacating, and minimum
notice required on page 30 You can end an agreement before you
• give the date you plan to leave, taking move into the property if the property is:
into account the amount of time • not vacant
required under notice periods. • not in good repair
• totally destroyed
• partly destroyed and unsafe
• unfit for human habitation
• not legally available as a residence
• not available for occupation.
29Renting a home
Reasons and minimum notice periods
The minimum amount of time required for giving notice depends on the reason,
as outlined in Table 3 below.
Table 3: Reasons you can give your landlord for vacating, and minimum
notice required
Reason you can give your landlord for vacating Minimum notice required1
If the premises are: Immediate notice
• totally destroyed
• partly destroyed and unsafe
• unfit to live in.
The landlord has breached a VCAT compliance order 14 days
or compensation order.
You have already given two ‘Breach of Duty’ 14 days
notices to the landlord and the breach has re-occurred.
You require temporary crisis accommodation. 14 days, but if it is a fixed-term tenancy
agreement, the end date on the notice
cannot be before the end date of the
agreement. If you provide a date earlier
than this, you are breaking the tenancy
agreement and may be subject to fees.
You require special or personal care. 14 days, but if it is a fixed-term tenancy
Special or personal care means assistance with: agreement, the end date on the notice
• bathing, showering or personal hygiene cannot be before the end date of the
• toileting agreement. If you provide a date earlier
• dressing or undressing than this, you are breaking the tenancy
• meals agreement and may be subject to fees.
• physical help with mobility problems
• supervision or assistance
• supervision in dispensing medicine, or
• substantial emotional support in a health or
residential service.
You are offered public housing. 14 days, but if it is a fixed-term tenancy
agreement, the end date on the notice
cannot be before the end date of the
agreement. If you provide a date earlier
than this, you are breaking the tenancy
agreement and may be subject to fees.
Any other reason. 28 days, but if it is a fixed-term tenancy
agreement, the end date on the notice
cannot be before the end date of the
agreement. If you provide a date earlier
than this, you are breaking the tenancy
agreement and may be subject to fees.
1 Allow extra time when mailing. Check Calculating minimum notice periods on page 31 to calculate the extra
time correctly.
30PART 3: Ending a tenancy
Calculating minimum notice periods
Table 4 (below) shows the total number of days to allow when a notice is sent by
registered post. More days should be added for any public holidays that fall within the
postal period. If the notice is being delivered by mail to a country area, an extra two
days should be allowed for postal delivery times.
Table 4: Number of days to allow when a notice is sent by registered post,
based on day of the week it is posted
Minimum Day mail was posted
notice period Monday Tuesday Wednesday Thursday Friday Saturday
None 3 3 3 5 5 5
14 days 18 18 18 20 20 20
28 days 32 32 32 34 34 34
60 days 64 64 64 66 66 66
90 days 94 94 94 96 96 96
120 days 124 124 124 126 126 126
Example
George is a tenant who wants to move out on the day his fixed-term tenancy ends
(Saturday, 30 May 2015). He must give his landlord 28 days’ notice. If George posts his
notice on Tuesday 28 April, that allows 32 days, as per the table above.
Table 5 (below) shows the total number of days to allow when a notice is given by hand.
Table 5: Number of days to allow when a notice is given by hand,
based on day of the week it is given
Minimum Given on
notice period Monday Tuesday Wednesday Thursday Friday Saturday
None – – – – – –
14 days 16 16 16 16 16 16
28 days 30 30 30 30 30 30
30 days 32 32 32 32 32 32
60 days 62 62 62 62 62 62
90 days 92 92 92 92 92 92
120 days 122 122 122 122 122 122
31Renting a home
Example You must apply to VCAT within:
Helen is a landlord who wants to move • 60 days of receiving a 120-day
in to her rental property at the end of her ‘no specified reason’ notice
tenant’s fixed-term lease (Monday, 31 • 28 days of receiving a 90-day notice
August 2015). She must give her tenant to end a fixed-term agreement
60 days’ notice. If Helen delivers this • 21 days of receiving a 60-day
notice by hand on Tuesday 30 June, that ‘end of fixed-term’ notice
allows 62 days, as per the table above. • 30 days of receiving any other
60‑day notice.
For more information on delivering a
notice, view the ‘Giving documents by Asking for more time to vacate
hand or registered post’ information sheet If you have been served with a ‘Notice to
available from the Victorian Civil and Vacate’ but are finding it difficult to move
Administrative Tribunal (VCAT) website, out of the property on time, you may try
or contact VCAT > see Victorian Civil and to negotiate a solution with your landlord.
Administrative Tribunal (VCAT) on page 42
You can also contact Consumer Affairs
for full contact details.
Victoria or a tenancy advocacy service for
Challenging a ‘Notice to Vacate’ more information about your options.
You have the right to challenge a ‘Notice Getting evicted
to Vacate’. You may argue against the
If you have been given the appropriate
notice if it is not given properly or if you
notice to vacate your rental property,
disagree with the reason given.
and have not left by the end of the due
You can also challenge a ‘Notice to Vacate’ date, the landlord can seek an Order for
given for no specified reason or to end a Possession from the Victorian Civil and
fixed-term tenancy, if you believe it was Administrative Tribunal (VCAT).
given because you were exercising your
This order may instruct you to vacate.
legal rights or saying you would do so.
It may also allow the landlord to obtain
You must apply to the Victorian Civil a Warrant for Possession, which may then
and Administrative Tribunal (VCAT) be executed by the police to evict you.
to challenge a notice within specific
timeframes depending on the reason and
the minimum time period of the notice. Remember:
A landlord or agent cannot
personally use force to
remove you from the
property. Only the police may carry
out an eviction, and only when they
are acting on a Warrant for Possession.
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