Renting a home A guide for tenants - consumer.vic.gov.au - Ristic Real Estate
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Renting a home
A guide for tenants
consumer.vic.gov.au
Renting a home: a guide for tenants
New renting laws and
coronavirus (COVID-19)
New renting laws will come into effect To find out more about the
by 1 January 2021. changes, visit consumer.vic.gov.au/
rentinglawchanges.
The original start date of 1 July 2020
has been delayed due to coronavirus Or follow us on:
(COVID-19). Facebook: @consumeraffairsvictoria
For up-to-date information on your Twitter: @consumervic
renting rights and responsibilities, visit
consumer.vic.gov.au/rentingguide.
Disclaimer, copyright and About this guide
publisher information Renting a home: A guide for tenants is
Because this publication avoids the use of the summary approved by the Director of
legal language, information about the law may Consumer Affairs Victoria of the rights and
have been expressed in general statements. duties of a landlord and tenant under a
This guide should not be relied upon as a tenancy agreement.
substitute for the Residential Tenancies Act Under section 66 of the Residential Tenancies
1997 or professional legal advice. Act 1997 (the Act) landlords and agents must
Authorised and published give the tenant this guide on or before the
by the Victorian Government, day they move in. The guide can be given
1 Treasury Place, Melbourne in electronic form if the tenant has given
August 2020 written consent to receive notices and other
documents electronically – otherwise it must
ISBN: 978 1 921079 77 1 be printed.
Consumer Affairs Victoria can take tenants,
landlords and agents to the Magistrates’ Court
Unless indicated otherwise, this work is for not obeying certain obligations under the
made available under the terms of the Act. In some circumstances, the Magistrates’
Creative Commons Attribution 3.0 Australia Court may impose a fine.
Licence. To view a copy of this licence, visit
If you are living in a rooming house, please
creativecommons.org/licenses/by/3.0/au
refer to Rooming houses: A guide for residents
It is a condition of this Creative Commons
and operators. Copies of this guide are
Attribution 3.0 Licence that you must give
available from consumer.vic.gov.au/forms.
credit to the original author who is the State
of Victoria. Additional copies
If you would like to receive this publication Additional copies of this guide are available
in an accessible format, please telephone from consumer.vic.gov.au/forms. To order
Consumer Affairs Victoria on 1300 55 81 81. more than five copies, download an order
form from the website.
Information about renting is available in
other languages from consumer.vic.gov.au/
languages.
2
Contents
Essentials for tenants . . . . . . . . . . . . . . . . . . . . 4 Your privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
At the beginning of a tenancy . . . . . . . . . . . . . . 4 If you do not meet your responsibilities . . . . 25
During a tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If a landlord or agent does not
At the end of a tenancy . . . . . . . . . . . . . . . . . . . . . 5 meet their responsibilities . . . . . . . . . . . . . . . . . 25
Sharing a property . . . . . . . . . . . . . . . . . . . . . . . . . 25
Long-term leases . . . . . . . . . . . . . . . . . . . . . . . . . .6
Change of landlord or tenant . . . . . . . . . . . . . . 26
Benefits of a long-term lease . . . . . . . . . . . . . . . 6
Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
How to start a long-term lease . . . . . . . . . . . . . . 7
Installing fixtures and altering
Forms for long-term lease agreements . . . . . 8
the property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Specialist disability accommodation . . . . .9 Gas appliance safety . . . . . . . . . . . . . . . . . . . . . . 31
Types of SDA agreements . . . . . . . . . . . . . . . . . . . 9 Smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Before starting an agreement for Swimming pools and spas . . . . . . . . . . . . . . . . . 32
specialist disability accommodation . . . . . . . 9 Entry to the premises . . . . . . . . . . . . . . . . . . . . . . 33
Information statements, agreements Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
and Easy English resources . . . . . . . . . . . . . . . . . 9 Changing the rental agreement
SDA residency agreements . . . . . . . . . . . . . . . . . 9 in violent situations . . . . . . . . . . . . . . . . . . . . . . . . 36
More information about specialist Part 3: Ending a tenancy . . . . . . . . . . . . . . . . .37
disability accommodation . . . . . . . . . . . . . . . . . 10
Ending a tenancy agreement . . . . . . . . . . . . . . 38
Part 1: Beginning a tenancy . . . . . . . . . . . . . . 11 When your landlord wants
At the start of your tenancy . . . . . . . . . . . . . . . . .12 to end the tenancy . . . . . . . . . . . . . . . . . . . . . . . . . 39
Tenancy agreements . . . . . . . . . . . . . . . . . . . . . . .12 When you want to end the tenancy . . . . . . . . 42
Signing your rental agreement . . . . . . . . . . . . 13 Calculating minimum notice periods . . . . . . 44
Tenants with children . . . . . . . . . . . . . . . . . . . . . . 13 Challenging a ‘Notice to Vacate’ . . . . . . . . . . . 45
Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Getting evicted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Assistance dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 4: Leaving a tenancy after
Tenancy databases . . . . . . . . . . . . . . . . . . . . . . . . 14 giving or receiving notice . . . . . . . . . . . . . . . 47
Guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Preparing to leave the property . . . . . . . . . . . 48
Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Agreeing on the return of the bond . . . . . . . . 48
Deposits and charges . . . . . . . . . . . . . . . . . . . . . . 16 Final meter readings . . . . . . . . . . . . . . . . . . . . . . . 50
The bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Belongings left behind . . . . . . . . . . . . . . . . . . . . . 50
The ‘Condition Report’ . . . . . . . . . . . . . . . . . . . . . 19 Providing a forwarding address . . . . . . . . . . . .51
Reporting safety issues . . . . . . . . . . . . . . . . . . . . 20 Part 5: Solving tenancy problems . . . . . . . 52
Water meter readings . . . . . . . . . . . . . . . . . . . . . . 20 What you can do to solve
Utility connections . . . . . . . . . . . . . . . . . . . . . . . . . 20 a tenancy problem . . . . . . . . . . . . . . . . . . . . . . . . . 53
Smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Reaching an agreement . . . . . . . . . . . . . . . . . . . 53
Part 2: During a tenancy . . . . . . . . . . . . . . . . . 21 Consumer Affairs Victoria . . . . . . . . . . . . . . . . . 53
Paying rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Tenants Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Rent receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Housing for the Aged Action
Communicating with your Group (HAAG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
landlord or agent . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Victorian Civil and Administrative
Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Tribunal (VCAT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Sustainable living tips . . . . . . . . . . . . . . . . . . . . . 24 Useful contacts . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Looking after the property . . . . . . . . . . . . . . . . . 24 Be fire safe in your rental property . . . . . . 58
3
Renting a home: a guide for tenants
Essentials for tenants
• Do not sign anything unless • Official notices you give
you understand what it your landlord or agent
means. must include all the
required details. Use
• Never sign a blank form – for
the forms available from
example, a bond form – even
consumer.vic.gov.au/forms.
if it looks official.
At the beginning of a tenancy During a tenancy
• read and sign your ‘Residential • communicate with your
Tenancy Agreement’ form landlord or agent and keep them
> see ‘Tenancy agreements’ informed of any problems that
on page 12 for details may arise. You can communicate
• keep a copy of anything you sign electronically (for example, by
• seek advice if you have a tenancy email) if both parties agree. Make
issue or question sure that consent to electronic
communication is in writing
• check that your new home is
completely safe, and raise any • make sure you pay your rent
issues with your landlord or agent on time
• complete a ‘Condition Report’ if • keep all records such as rent
you have paid a bond – you can receipts
add to or edit a ‘Condition Report’ • keep your property reasonably
completed by a landlord or agent > clean; this will minimise any
see ‘Bond top-ups’ on page 18 problems that may occur during
for details a landlord or agent inspection
• consider taking photos of the • get written permission from your
property before or on the day landlord if you wish to sub-let or
you move in assign the tenancy agreement to
• complete and sign the ‘Bond someone else
Lodgement’ form and keep the • let your landlord or agent know of
receipt. Your landlord or agent can any repairs that need to be done
lodge the bond online if they have > see ‘Repairs’ on page 27 for
registered with RTBA Online > see details
‘The bond’ on page 16 for details • put all requests to your landlord
• contact the utility companies of or agent in writing. Forms are
your choice to ensure these are available from Consumer Affairs
connected by the time you move in. Victoria.
4
Essentials for tenants
At the end of a tenancy • keep the ‘Condition Report’
in case of a dispute
• give adequate notice when
planning to leave; the notice period • try to agree with your landlord or
will depend on your reason for agent on the return of the bond
leaving > see ‘When you want to > see ‘Agreeing on the return
of the bond’ on page 48 for
end the tenancy’ on page 42 for
details
details
• if you have paid a bond,
• pay any outstanding rent
complete a ‘Bond Claim’ form
• check your responsibilities for and return it to the Residential
separately metered utilities Tenancies Bond Authority (RTBA).
• clean the property Bond Claim forms can be generated
• consider taking photos after you at rentalbonds.vic.gov.au. Paper
move your furniture out to show forms must be signed by you
the condition of the property and your landlord or agent. Your
• take all your belongings with you landlord or agent can lodge the
> see ‘Belongings left behind’ on bond claim online if they have
page 50 for details registered with RTBA Online
• leave a forwarding address
with your landlord or agent
or Australia Post.
5
Renting a home: a guide for tenants
Long-term leases
Long-term leasing is a new option Rent increases
available under the Residential
You agree at the start of the tenancy
Tenancies Act 1997.
if and when your rent will increase,
From 3 April 2019, a lease agreement and by how much. The landlord can
of more than five years is a long-term schedule the dates and amounts
lease, and an agreement of up to based on a fixed dollar amount or
five years is a short-term lease. percentage, the Consumer Price
Index (CPI) or Statewide Rent Index
A long-term lease allows tenants (SRI). The agreed increase schedule
and landlords to tailor the terms, and amount cannot change without
and agree up-front on things like your consent. See ‘Rent increases’
rent increases and minor changes on page 34 for details.
to the property.
Property modifications
Benefits of a long-term lease
You can include certain modifications
The lease agreement in the lease agreement that your
Long-term leases allow you to tailor landlord is happy for you to make
the agreement to suit you and your during the lease period. You won’t
landlord’s circumstances for a longer need to get the landlord’s written
rental period. See ‘Forms for long-term permission before making these
lease agreements’ on page 8 for changes, but you will need their
details. written permission before making any
other changes to the property. See
‘Installing fixtures and altering the
Rental bonds property’ on page 29 for details.
If you top up your bond, you will be
able to use this amount to cover any
repairs or maintenance at the end
of your tenancy, rather than having
to come up with additional funds to
cover expenses before you leave. If
there are no repairs or expenses to
pay at the end of the long-term lease,
you can claim your bond back using
the normal process. See ‘The bond’
on page 16 for details.
6
Long-term leases
Inspections landlord/property manager or tenant
about this. You can:
The landlord can inspect the property
every 12 months. See ‘Entry to the • mutually agree to end your current
premises’ on page 33 for details. lease early and start a long-term
lease. If you decide to do this, make
Ending a long-term sure you both agree on the terms
lease agreement of the long-term lease agreement
before ending the short-term lease
You cannot shorten the lease
• wait until the short-term lease ends
agreement unless the landlord agrees.
and then start a new long-term
If you break the lease, the landlord can
lease agreement.
ask you to pay one month’s rent for
every full year left on the lease. This is You can use the information under
capped at six years, so the maximum ‘Benefits of a long-term lease’
amount the landlord can ask you on page 6 To help you start the
to pay is six months’ rent. You may discussion.
also be charged a one-off reletting
or advertising fee. You can apply to
the Victorian Civil and Administrative Remember:
Tribunal (VCAT) if you need the lease Long-term leases are
to end early due to severe hardship. tailored specifically to
See ‘Part 3: Ending a tenancy’ on suit a longer rental
period, so have additional
page 37 for details.
features, options and
obligations.
How to start a long-term lease
If you have decided that a long-term
lease is right for you, there are a New lease agreements
number of ways you can start one.
If you are looking to rent or lease
property for the first time, it’s a good
Switching from a short-term lease idea to start with a short-term lease –
If you are currently in a short-term for example, 12 months – to see if the
lease agreement – any fixed-term arrangement is right for you.
lease of up to five years, or a month-
If you are happy with your tenant or
to-month agreement with no set
landlord/property manager, you can
end date – and would like to move
have a discussion towards the end of
to a long-term lease, speak to your
the 12-month lease about switching to
a long-term lease.
7
Renting a home: a guide for tenants Getting legal advice before signing a long-term lease You may wish to get professional legal advice before you sign a long-term lease. You can find legal practitioners through the Law Institute of Victoria’s legal referral service at liv.asn.au/referral. Forms for long-term lease agreements There are two types of fixed-term lease agreements that can be used for a tenancy in Victoria: • Residential tenancy agreement Form 1 – the existing agreement, which must be used for written leases of up to five years (short-term lease) • Residential tenancy agreement Form 2 – the new agreement, which is designed for leases of more than five years (long-term lease). A long-term lease must be in writing. You can use the existing short-term agreement (Form 1) for a long-term lease; however, it does not include the additional benefits available in the new long-term agreement (Form 2). If a long-term lease is not in writing, the tenant can end the lease at any time without penalty by giving the landlord 28 days’ written notice. To download these forms, visit consumer.vic.gov.au/forms. 8
Specialist disability accommodation
Specialist disability accommodation
In July 2019, specialist disability Information statements,
accommodation (SDA) came under agreements and Easy English
the Residential Tenancies Act 1997. resources
SDA is funded by the National
Disability Insurance Scheme (NDIS). You can find SDA residency
It is housing designed for people with agreements, information statements,
extreme functional impairment or forms and their Easy English versions
very high support needs. at consumer.vic.gov.au/forms.
People who live in SDA are called
SDA residency agreements
SDA residents (residents). People
who provide SDA are called SDA You have different rights and
providers. SDA providers must ensure responsibilities under an SDA
their accommodation meets the residency agreement when compared
NDIS requirements and is enrolled with a residential tenancy one.
with them (SDA enrolled dwellings).
Rental bonds
Types of SDA agreements You do not pay a bond in an SDA
There are two types of rental residency agreement. If you sign a
agreements that can be used for residential tenancy agreement, your
specialist disability accommodation: SDA provider can ask you to pay a
bond. See ‘The bond’ on page 16.
• an SDA residency agreement
• a residential tenancy agreement
Rent
(short or long-term).
If you have an SDA residency
agreement, you do not have to pay
Before starting an agreement
more than 30 days’ rent in advance.
for specialist disability
accommodation You can choose a payment method
that does not have extra fees. Your
Your SDA provider must give you an
SDA provider should tell you if a
information statement at least seven
certain payment method includes
days before you sign an agreement.
any extra fees. You also have the
They must explain the information
option to pay rent by Centrepay.
statement to you in a way you can
understand. This explanation can
be verbal or in writing. There is an Reasonable rent contribution (RRC)
information statement for an SDA The NDIS Rules say providers can
residency agreement and one for get reasonable rent contribution
a residential tenancy agreement. (RRC) from you. This applies to
9
Renting a home: a guide for tenants
SDA residency agreements and Ending an agreement
residential tenancy agreements.
You can end an SDA residency
For a breakdown of RRC, visit
agreement at any time by giving
consumer.vic.gov.au/SDArent.
your provider a Notice of intention
to vacate. If you have fixed-term
Rent arrears residential tenancy agreement, you
If you do not pay your rent on time, cannot end the agreement before
you are ‘in arrears’. If you are more the lease end date. If you do, your
than 14 days’ in arrears, your SDA SDA provider may charge you lease-
provider can give you a Notice to break fees. See ‘Ending a tenancy
vacate. This means the agreement agreement’ on page 38.
ends and you must move out. If you
signed an SDA residency agreement More information about
and have been given a Notice to specialist disability
vacate, your provider must find you accommodation
somewhere suitable to live until:
For more information, visit
• the end date on the notice consumer.vic.gov.au/sda.
• you find somewhere else to live.
You can also call 1300 40 43 19.
The line is open from 9am to 5pm,
Rent increases Monday to Friday except for public
Your provider can increase the rent holidays.
every six months if you have an SDA
residency agreement. They must give
you at least 60 days’ notice in writing.
See ‘What to do if you think your rent
increase is too high’ on page 35.
For more information about rent
increases in residential tenancy
agreements, see ‘Rent increases’
on page 34.
10PART 1:
Beginning a tenancy
11Renting a home: a guide for tenants
At the start of your tenancy
• Carefully read and • Pay the bond if required.
understand the tenancy
• Pay rent in advance
agreement before you sign it.
if required.
• Get the landlord or agent’s
• Fill out and keep a copy
contact details.
of the ‘Condition Report’.
Tenancy agreements leases must be in writing, using
either Form 1 or Form 2.
A tenancy agreement, also called a
lease, is a legal contract between you 3. A periodic lease (‘month by month’)
and your landlord. has no end date. After a fixed-
term lease expires, you can either
It outlines: sign a new fixed-term lease, or roll
• the rent you need to pay and how automatically onto a periodic lease.
to pay it Normally, when a lease becomes
periodic, you do not have to sign a
• the length and type of tenancy
new lease. The terms and conditions
• the amount of bond required of the original agreement still apply,
• other conditions and rules but if you don’t sign a new fixed-
• any special terms agreed by the term lease, you risk the security of
parties. your tenancy.
Most people who sign a tenancy 4. SDA residency agreement – this
agreement pay rent to a landlord or is only for specialist disability
an agent working for the landlord. accommodation. SDA residency
agreements must be in writing and
There are four types of tenancy on the form provided by Consumer
agreements: Affairs Victoria.
1. Short fixed-term lease – a set Extra terms and conditions may be
period of time, up to five years. included, but the agreement must
Short-term leases can be written comply with the Residential Tenancies
or verbal; however, we recommend Act 1997.
using Form 1.
Tenancy agreement forms are
2. Long fixed-term lease – a set period
available from consumer.vic.gov.au/
of time, more than five years. For
forms.
more information, see ‘Long-term
leases’ on page 6. Long-term
12Part 1: Beginning a tenancy
If an agent (rather than the landlord)
Note: manages your property, they must
If you or your landlord do also provide in writing:
not give notice to end a
fixed-term agreement, • details of whether or not the agent
you will automatically roll over to can authorise urgent repairs, and
a periodic tenancy agreement at • if the agent can authorise urgent
the end of the fixed term. repairs, the maximum amount they
can authorise.
For more information about The landlord or agent should also give
ending a tenancy, see ‘Ending a you a copy of the owners corporation
tenancy agreement’ on page 38. rules, if any apply to the property.
This is likely if you are renting an
apartment, a townhouse or a unit.
Signing your rental agreement The rules may cover day-to-day
Before you sign the tenancy issues such as parking, pets and noise.
agreement:
Your landlord or agent can be fined if:
• your landlord or agent must
• they do not provide these details
give you a copy of the unsigned
on or before the first day of your
document and, if you are an SDA
occupancy
resident, explain it to you in a way
that you understand • they do not advise you of any
changes to their contact details
• read it carefully and make sure
within seven days.
you understand it.
Extra terms and conditions may be Tenants with children
included if you and your landlord or
agent agree, but these must comply In most circumstances, a landlord
with the Act. or agent cannot legally refuse to rent
a property to tenants with children.
Once the tenancy agreement has This is discrimination and is against
been signed, your landlord or agent the law.
must give you a copy within 14 days.
For information about discrimination
Your landlord or agent must give you: in accommodation, contact the
• their full name and address Victorian Equal Opportunity and
Human Rights Commission > see
• an emergency telephone number
‘Victorian Equal Opportunity and
and (in the case of agents) a fax
Human Rights Commission (VEOHRC)’
number to be used for urgent
on page 57 for contact details.
repairs.
13Renting a home: a guide for tenants
Pets For more information, visit
New laws on pets and renting came consumer.vic.gov.au/petsrenting.
into effect on 2 March 2020. Before
this date, there were no laws directly Assistance dogs
covering pets in rented homes.
If you have an assistance dog,
To bring a new pet into the landlords and agents cannot:
rented property after 2 March
2020, you must give the landlord • refuse to rent you a property or
or agent a completed ‘Pet request room because of your assistance
form’. This form is available at dog
consumer.vic.gov.au/forms. • ask you to remove your assistance
dog from your rental property or
The landlord or agent has 14 days
room
(starting the day after they received
the form) to apply to the Victorian • ask you to vacate your rental
Civil and Administrative Tribunal property or room because of your
(VCAT) if they want to refuse consent. assistance dog
If you do not hear from them within • ask you to pay an extra charge
this 14-day period, you are allowed to because of the assistance dog.
keep the pet.
An assistance dog is trained to
A pet means any animal except an perform tasks or functions that help a
assistance dog > see ‘Assistance dogs’ person with a disability to alleviate the
on page 14. effects of the disability. For example, a
If the landlord or agent reasonably guide dog or seizure alert dog.
believes you are keeping a pet on the You can contact the Victorian Equal
premises without consent, they can Opportunity and Human Rights
apply to VCAT for an order to exclude Commission for more information or
the pet from the premises.
to make a complaint > see ‘Victorian
If your pet causes damage or Equal Opportunity and Human Rights
nuisance, or interferes with the Commission (VEOHRC)’ on page 57
reasonable peace and comfort of for contact details.
neighbours, the landlord or agent can
give you a ‘Breach of duty’ notice. This
Tenancy databases
notice tells you to fix the breach or
pay compensation for any damage, Tenancy databases, also referred
and states that you must not breach to as ‘blacklists’ or ‘bad tenant
the same duty again. databases’, contain information about
the renting history of certain tenants.
If your pet is dangerous to neighbours,
the landlord or agent can give you an
immediate ‘Notice to vacate’.
14Part 1: Beginning a tenancy
A landlord or agent can pay a Listing a tenant on a database
membership fee to access a database
You can only be listed on a
when choosing a tenant for a property.
database if:
They can use the database to:
• you were named on the tenancy
• search for and screen prospective agreement
tenants • the agreement has ended
• list previous tenants. • you breached the agreement and
because of the breach, you owe an
Notifying prospective tenants amount more than the bond, or the
about databases Victorian Civil and Administrative
When you apply to rent a property, Tribunal (VCAT) has made a
and the landlord or agent are using possession order.
a database to help decide whether a This applies if you breached your
tenancy agreement should be entered tenancy agreement by:
into, they must:
• maliciously damaging property
• advise you if they subscribe to • endangering neighbours’ safety
a database • not paying rent
• provide you with the contact details • failing to comply with a VCAT order
of the database operator. • using the property for illegal
The details must be in writing. purposes
• sub-letting the property without
If the landlord or agent finds personal
the landlord or agent’s consent.
details of you on a database, they
must advise you in writing, within Before listing a tenant on a database,
seven days, of: the landlord or agent (or the database
operator) must notify the tenant in
• the name of the database and the
writing, and provide them with 14 days
person who listed the information
to object and make submissions.
• the personal information held in the
database Updating or removing listings
• how you can check, change or Listings more than three years old
remove the listing (that is, by must be removed from a database.
contacting the database operator
If the landlord or agent become aware
or the person who listed you).
that information listed is inaccurate
The landlord or agent can face or out of date, they must notify the
significant penalties for not advising database operator within seven days.
you about databases.
15Renting a home: a guide for tenants
The operator must then change or Deposits and charges
remove the listing within 14 days.
A landlord or agent can ask you
You can apply to VCAT to change or for a holding deposit. This must
remove inaccurate or out-of-date be refunded when the tenancy
listings. agreement is signed.
If no tenancy agreement is made
Guarantees within 14 days, the money must be
A guarantee is an agreement where a refunded by the next business day.
person, other than you, agrees to pay
A landlord, agent or other third party
the landlord for any losses incurred if
cannot charge for:
you breach any part of your tenancy
agreement or the Residential • showing you a property
Tenancies Act 1997. • issuing a rent payment card
Your landlord can only ask for a • establishing or using direct debit
guarantee as well as a bond when: facilities
• making, continuing or renewing a
• the rent is more than $350 a tenancy agreement (this may also
week, or be referred to as a premium, bonus,
• you are renting your landlord’s commission or key money).
principal place of residence until
they resume living there. This
The bond
condition must be stated in the
lease. Most landlords or agents will ask
you to pay a bond. A bond acts as a
If there is a guarantee but no bond,
security that you will meet the terms
the guarantee can only be enforced
of your tenancy agreement. If you
if the amount is no more than one
fail to keep the property clean, cause
month’s rent.
damage or are in rent arrears, your
landlord or agent may claim some or
Rent in advance all of the bond when the tenancy ends.
If you pay rent weekly, your landlord In a short-term lease (up to five years),
or agent cannot ask for more than if your rent is $350 a week or less,
14 days’ rent at the beginning of a the bond cannot be more than the
tenancy. In any other case, provided equivalent of one month’s rent.
the rent is $350 a week or less, the
landlord or agent cannot ask for more In a long-term lease (more than
than one month’s rent in advance. five years) using Form 2, if your rent
is $760 a week or less, the bond
cannot be more than the equivalent
16Part 1: Beginning a tenancy
of one month’s rent. For more This will show you a summary of
information about Form 2, see ‘Forms the bond and you can accept,
for long-term lease agreements’ request changes to, or reject the
on page 8. transaction. Once you accept the
transaction, the bond is lodged and
Your landlord or estate agent may
the RTBA will email you a receipt
charge a bond that is more than one
and bond number.
month’s rent if:
2. If they lodge the bond on a
• the tenancy agreement states that paper form, they must give you
the premises are the landlord’s a completed and signed official
principal residence and the landlord bond lodgement form to sign. They
intends to resume living there at the will then send it to the RTBA and
end of the tenancy, or once it is processed you will be
• weekly rent is more than $350 sent a receipt. Contact the RTBA
(short-term lease) or more than if you have not received a receipt
$760 (long-term lease), or 15 business days after paying your
• the landlord or estate agent gets bond.
an order from the Victorian Civil
and Administrative Tribunal (VCAT) Bond lodgement forms
setting out the amount of an can be generated on the
increased bond. RTBA Online website at
rentalbonds.vic.gov.au.
Looking after the bond
Your bond money is held by the Payment should be made directly
Residential Tenancies Bond Authority to the agency or landlord if they
(RTBA). are completing an electronic
There are two ways that landlords transaction. They will submit the
or agents can lodge bonds with lodgement electronically. Ensure you
the RTBA. If your tenancy is managed keep a receipt of the bond money
by an estate agent, they will most transfer. If they are submitting it
likely lodge the bond electronically. on a paper form, you need to get
a cheque or money order payable
1. If they lodge the bond using an to the ‘Residential Tenancies Bond
electronic transaction via RTBA Authority’. The postal details are
Online, as soon as they have under ‘Residential Tenancies Bond
submitted it, you will get an email Authority (RTBA)’ on page 56 and
with a link to a secure website. on the bond lodgement form.
17Renting a home: a guide for tenants
Bonds from the Director Difference between bond and rent
of Housing (DoH) Your bond and rent are separate
If you are on a low income and can payments. You may be fined for
afford to rent privately, but are treating any part of the bond as rent.
struggling to pay the up-front costs, You must continue to pay rent until
you may be eligible for a bond loan you vacate even if:
from the DoH.
• your landlord has refused to
A DoH ‘Bond Loan Voucher’ must
do repairs
be used for any part of the bond
provided by the DoH. The DoH will • you have given your landlord
issue a voucher when a bond loan notice of your intention to vacate
is approved. • your landlord has given you a
‘Notice to Vacate’.
In cases where you have paid the
bond while waiting for an approved
DoH bond loan, you may apply to the Bond top-ups
RTBA to get your bond money back. In a long-term lease agreement (using
To find out if you are eligible for Form 2), a landlord can ask you to top
a DoH bond loan, contact the up the bond amount after five years,
DoH > see ‘Department of Health by giving you 120 days’ written notice.
and Human Services’ on This can only occur if there are five
page 56 for contact details. or more years left on the lease, or the
lease is extended so that there are five
or more years left. The top-up process
Dishonoured bond payments
is similar to bond lodgement, and is
If a bond payment to the RTBA is carried out through the RTBA Online
dishonoured, the landlord or agent website at rentalbonds.vic.gov.au.
can organise to collect the money and
re-lodge the bond, give you a 14-day Amount of bond top-up
‘Notice to Vacate’ for non-payment If the landlord chooses to top up
of a bond, or waive the bond. the bond, and the rent is less than
If you have paid a bond to the landlord $760 per week at the time of top-up,
or agent, and their payment to the the total amount of bond after the
RTBA is dishonoured, the landlord top-up cannot be more than one
or agent must re-lodge the bond. month’s rent.
If this happens, they cannot give For example, if the rent when the
you a 14-day ‘Notice to Vacate’ for lease was signed was $700 per week
non-payment of a bond, or waive and the rent after five years is $750
the bond. per week, the landlord can ask you to
18Part 1: Beginning a tenancy
lodge a further amount as long as the general condition, including fittings
total bond lodged with the RTBA does and fixtures before you occupy the
not exceed one month’s rent. rented premises. Even if you have not
paid a bond, it is still a good idea to
There are no limits to the initial bond
get a ‘Condition Report’.
amount or bond top-up amount when
the rent is more than $760 per week, Consumer Affairs Victoria has a
or increases to more than $760 per ‘Condition Report’ form to help you
week during the tenancy. rate the condition of your new home.
When the bond top-up can occur The ‘Condition Report’ can be used
as evidence if there is a dispute about
The top-up can only occur after five
who should pay for cleaning, damage,
years, and only if there are five or
or replacement of missing items,
more years left on the lease.
particularly at the end of a tenancy.
For example, in a 10-year lease, the
If possible, take photos of the premises
landlord could ask you to top up the
before you move in to further show
bond after five years as there are still
their condition.
five years left on the lease. In a seven-
year lease, the landlord could not ask Your landlord or agent must provide
you to top up the bond after five years, you with two copies of the signed
as there will only be two years left on ‘Condition Report’ before you move in.
the lease.
Review and, if necessary, add your
If you agree, the landlord can extend comments to the ‘Condition Report’.
the lease agreement so that there Return the report to your landlord or
are five or more years remaining. This agent within three business days of
would allow the bond to be topped up. moving in. All parties should keep their
copy of the ‘Condition Report’ until the
If you do not top up the bond end of the tenancy.
If you don’t pay the required amount
Your landlord or agent may claim
on the date specified in the 120 days’
some or all of the bond for cleaning,
written notice, it will be treated the
damage, or replacement of missing
same way as rent arrears. See ‘Paying
items at the end of your tenancy. If
rent’ on page 22.
the ‘Condition Report’ stated that the
work was required at the start of the
The ‘Condition Report’ tenancy, or the items were not listed,
If you have paid a bond, your landlord it can help you prove the bond should
or agent must prepare a ‘Condition be returned to you.
Report’, which records the property’s
19Renting a home: a guide for tenants
Completing the ‘Condition Report’ Water meter readings
It is important to note on the If the property has a separate meter,
‘Condition Report’ if you disagree your landlord or agent:
with any points.
• can arrange for you to be billed for
Check that everything attached to water usage and sewage disposal
a ceiling, wall or a door (for example, • must give your contact details to
light fittings, mantelpieces, hooks and the water provider, who will read
handles) is fixed securely and unlikely the meter and commence billing.
to injure anyone.
It is a good idea to confirm the details
Take photographs, particularly of any in a letter to the water provider and
features of the premises you have keep a copy.
made a note of in the condition report.
Utility connections
Reporting When starting a tenancy, you should:
safety issues
• contact the utility providers of your
You should inform
choice to ensure gas and electricity
your landlord or agent of any
are connected
defects that pose a threat to
safety so these can be fixed • arrange for bills to be in your name
by an expert. If you report a • leave enough time to arrange any
safety risk and it is not fixed, connections prior to moving in.
you can take further action Some agents will offer a connection
> See ‘Repairs’ on page 27. service via an external company.
If the problem is serious enough You do not have to tick the box on
to make the premises unsafe the tenancy application form for
to live in, notify your landlord this service; if you do, you are only
or agent immediately. If the consenting to having the connection
problem cannot be fixed, you company call you.
may be able to end your tenancy
agreement.
Smoke alarms
For more information > The landlord is
see ‘When you want to responsible for fitting
end the tenancy’ on page 42. smoke alarms. For more
information, see ‘Smoke alarms’
on page 32.
20PART 2:
During a tenancy
21Renting a home: a guide for tenants
Paying rent
• Pay your rent on time.
• Get a rent receipt.
You are responsible for paying your
rent on time. You must continue
paying it until the tenancy ends.
Remember:
If any rental payments
are late or not made, you
may be in breach of your
tenancy agreement. If the rent
is 14 days or more behind, your
landlord or agent can give you
a 14-day ‘Notice to Vacate’.
Rent receipts The landlord can be fined if the
rules on providing rent receipts
You are entitled to receive a receipt
are not followed.
for each rent payment. Your landlord
or agent who receives the rent must: A rent receipt must include:
• give you a receipt immediately • your landlord or agent’s signature
if you pay in person • your name
• give you a receipt within five • property address
business days if you do not pay • payment date
in person but request a receipt
• what period the payment was for
• keep a record of the payment for
• how much was paid
12 months. If you request a copy
• a statement that it is a rent receipt.
within that time, they must provide
you with a copy of the record within
five business days.
22Part 2: During a tenancy
Utilities
Communicating
Water expenses
with your landlord
or agent If the property has its own meter,
you must pay for:
You and your landlord or agent
may need to contact each • water consumption, and
other about issues such as rent • sewage disposal, unless your
increases, sub-letting, damage landlord has agreed to pay these
to the premises, or ending the charges. This agreement must be in
tenancy. writing and signed by the landlord.
You should always communicate The landlord must pay all other
or confirm important matters charges related to water supply,
in writing. Your written although different rules may apply
communications should be when a tank is the main source.
clear, signed, and include all the
necessary details. Keep copies
Other utilities
for future reference. Consumer
Affairs Victoria has forms Your landlord must pay all installation
available for a range of scenarios. and initial connection costs for
electricity, gas and oil supply. If there
See consumer.vic.gov.au/renting
is a separate meter, you must pay for
for details.
all other charges for these amenities,
You can communicate unless otherwise agreed. If there is no
(including sending official separate meter, your landlord must pay.
notices and documents) with
your landlord or agent via Where bottled gas is provided, your
email, if they agree. Make sure landlord pays for the supply or hire of
that consent to electronic bottles, and you pay for the gas. Your
communication is in writing. landlord must reimburse you:
• if you have paid the costs of any
utilities for which your landlord
is liable
• for any rates or taxes paid to a
public authority that are not part
of consumption charges for the
service.
23Renting a home: a guide for tenants
Read your tenancy agreement • obtain consent from the landlord
carefully and make sure you clearly or agent before installing any
understand who is responsible for fixtures, or making any alterations/
paying utilities. renovations, if these were not
agreed up-front and included
Tenants in housing owned or in your written lease.
subsidised by the government may
be charged separately for expenses Your landlord or agent must:
such as heating and laundry. • give you a copy of this guide on
or before the day you move in
Sustainable • ensure the rented premises are
living tips vacant and in a reasonably clean
condition on the day you move in
Environment Victoria
• keep the premises in good repair
publishes The Victorian Green
Renters’ Guide: Sustainable • ensure any replacement water
Living Tips for Renters. appliance, fitting or fixture meets
energy efficiency standards
You can download a copy • give you a key as soon as possible
from environmentvictoria. after changing any lock
org.au/rentersguide or call
• let you have peace and quiet
(03) 9341 8100. in the premises
• not carry out a general inspection
of the premises until after the
Looking after the property end of the first three months of
Tenants, landlords and agents have continuous occupation. This does
not apply if the landlord is selling
responsibilities during a tenancy.
the property, and wishes to inspect
As a tenant you must: it for valuation purposes
• keep the premises reasonably clean • follow the rules about proper notice
periods for ending a tenancy > see
• not cause damage
‘When your landlord wants to end
• notify your landlord or agent of any the tenancy’ on page 39 for
damage as soon as possible details.
• ensure you and your visitors respect
your neighbours’ rights to privacy, Your landlord or agent must give
peace and comfort you a copy of this guide on or
• ensure the property is not used
before the day you move in.
for any illegal purpose
24Part 2: During a tenancy
Your privacy
Landlords or agents who collect
personal information from you may
be bound by privacy laws, placing
restrictions on how this information is
passed on to third parties. If you think
your personal information is being
misused, contact the Office of the
Australian Information Commissioner
on 1300 363 992 or visit oaic.gov.au.
If you do not meet your
responsibilities
Your agent or landlord can issue you
with a ‘Breach of Duty’ notice if you
do not meet certain responsibilities.
The notice will ask you to rectify the
problem. If the problem continues,
your agent or landlord could ask the
Victorian Civil and Administrative
Tribunal (VCAT) to make an order.
If a landlord or agent does not Sharing a property
meet their responsibilities There are generally two types of
You can also send your landlord arrangement when tenants are
or agent a ‘Breach of Duty’ notice sharing a property.
under certain circumstances if you
believe they are not meeting their Co-tenancy
responsibilities.
In a co-tenancy, every tenant signs
the tenancy agreement and all names
Before you issue a appear on the bond lodgment form.
‘Breach of Duty’ notice, Usually, the bond amount is divided
it is recommended you equally among all tenants. However,
contact Consumer Affairs each tenant is responsible for the full
Victoria or a tenancy advocacy amount of the bond, not just their share.
service for more information.
25Renting a home: a guide for tenants
Remember: Remember:
In a co-tenancy, any one You must get your
individual can be held landlord’s written
responsible for the permission before
actions of all the tenants if, for sub-letting any part of the
example, rent is owing or the property. It is a good idea to
property has been damaged. seek advice when considering
sub-letting and before finalising
any agreement.
Sub-letting
In the case of sub-letting, one or more
existing tenants will rent out part or
Bond
all of the property to other people. The If your landlord gives permission for
tenants who signed the initial tenancy you to sub-let and you take a bond
agreement are the ‘head tenants’ and from a sub-tenant, you must lodge the
those tenants renting from them are bond with the Residential Tenancies
called ‘sub-tenants’. Bond Authority (RTBA) within 10
business days. The RTBA will consider
A tenant must not sub-let without the
you as a landlord for this purpose.
landlord’s written approval. A landlord
must give permission, unless there is
Change of landlord or tenant
a good reason to refuse. It is illegal
to charge a fee for giving permission. If a new landlord or agent takes over
If you sub-let, you will become the the property:
landlord to your tenant and must take • the previous and new landlords/
on those responsibilities. agents must complete an ‘Agent/
If you believe your landlord is refusing Landlord Transfer’ form and submit
to allow you to sub-let without a it to the RTBA within five days of
good reason, you can apply to VCAT the changeover, and
for a ruling. If you are living in public • they must give you a copy of
housing, your landlord is generally this form.
allowed to refuse permission for you
to sub-let.
26Part 2: During a tenancy
If a new tenant moves in under Repairs
the existing tenancy:
• Document repair requests
• you must get your landlord’s written in writing.
permission to assign the tenancy
agreement to someone else • Keep copies of all letters,
• the landlord or agent and the forms and reports for future
incoming, outgoing and any reference.
continuing tenant must complete
• Use forms available from
a ‘Tenant Transfer’ form to change
consumer.vic.gov.au/forms.
ownership of the bond. Your
landlord or agent may be able to
Repairs are your landlord’s
lodge the ‘Tenant Transfer’ form
responsibility. However, if you caused
via RTBA Online
the damage, the landlord or agent can
• they should not pay the bond
ask you to arrange to repair it or pay
directly to any other tenant without
for repairs they undertake.
completing a ‘Tenant Transfer’ form
• you must send the form to the RTBA Tenants, landlords and agents must
within five days of the new tenant follow set procedures when dealing
moving in. with urgent and non-urgent repairs.
You must continue to pay rent even
A fine can be imposed for not sending while waiting for repairs.
a transfer form to the RTBA.
However, if the matter has gone to
VCAT, you can apply for the rent to be
If you are living in a paid into VCAT’s Rent Special Account
rooming house, please until the issue is resolved.
refer to Rooming houses:
A guide for residents and
operators.
Copies of this guide
are available from
consumer.vic.gov.au/forms
27Renting a home: a guide for tenants
Urgent repairs
Steps you can take
If you request urgent repairs the
to have an urgent
landlord or agent must respond item repaired
immediately.
Contact your landlord or agent
Urgent repairs are: using the emergency telephone
number they provided at the
• a burst water service
start of your tenancy. The
• a blocked or broken toilet system
landlord or agent must respond
• a serious roof leak without delay. If a repair is
• a gas leak urgent and you are not getting
• a dangerous electrical fault a prompt response from your
• flooding or serious flood damage landlord or agent, you can
• serious storm or fire damage authorise the repair for up
• a failure or breakdown of any to $1,800.
essential service or appliance You can then give your landlord
provided by your landlord or agent or agent a notice asking that
for hot water, water, cooking, they pay you back for the cost of
heating, or laundering the urgent repairs. Your landlord
• failure or breakdown of the gas, or agent has 14 days to pay from
electricity, or water supply the date they receive the notice.
• any fault or damage in the If:
premises that makes the premises
• the landlord or agent does not
unsafe or insecure
complete the urgent repairs
• an appliance, fitting or fixture that
and they are going to cost
is not working properly and causes
more than $1,800, or
a substantial amount of water to
• you cannot afford to pay for
be wasted
them, or
• a serious fault in a lift or staircase.
• the landlord refuses to
reimburse you if you have
paid for the repairs
you can apply to VCAT, which will
hear the application within two
business days. VCAT can order
the landlord or agent to arrange
the repairs.
28Part 2: During a tenancy
Non-urgent repairs Installing fixtures and
• Write to your landlord or altering the property
agent telling them what In a short-term lease
needs to be repaired. (up to five years)
Unless you have the landlord’s
• You may use Consumer consent, you must not install any
Affairs Victoria’s ‘Notice to fixtures or make any alteration,
Landlord of Rented Premises’ renovation or addition to the property.
form. If the landlord does consent, they are
not required to reimburse any costs
If you give your landlord or agent a list to you.
of repairs that need to be done, they
If the landlord becomes aware that
have 14 days to carry them out.
you have installed any fixtures or
If they do not carry out the repairs, made any alterations without consent,
contact Consumer Affairs Victoria. they may serve you a ‘Notice for
Consumer Affairs Victoria may be able breach of duty to tenant/s of rented
to resolve the matter by talking to the premises’ requiring you to:
landlord or agent. • restore the rented premises to the
If the matter cannot be resolved, you condition they were in immediately
can send a copy of the written repairs before the installation, or
notice to Consumer Affairs Victoria • compensate them by an amount
and ask for a Consumer Affairs equal to the reasonable cost of
Victoria inspector to visit the property. restoring the premises to that
The inspector can report on whether condition.
the landlord has breached their duty If you fail to comply with the breach
to maintain the premises in good of duty notice, the landlord may apply
repair. to VCAT to get a compliance order,
If the repairs still have not been or may serve a second breach of
done after you receive the inspection duty notice.
report, you then have 60 days to apply Before a tenancy agreement ends,
to VCAT for a repair order. if you have installed fixtures on or
renovated, altered or added to the
You must continue to pay rent even
property (even with the landlord’s
if your landlord or agent has not
written consent), you must restore
arranged for the repairs. However,
the property to its original condition,
if the matter has gone to VCAT, you
unless you reach an agreement with
may apply for the rent to be paid into
the landlord to allow the alterations
VCAT’s Rent Special Account until the
to remain. Make sure the agreement
issue is resolved.
is in writing.
29Renting a home: a guide for tenants
In a long-term lease If you believe the landlord is
(more than five years) unreasonably refusing consent,
you can apply to VCAT for a ruling
A long-term lease agreement using
on the matter.
Form 2 allows you and the landlord
to agree to certain modifications up
Agreeing on and
front. Because they are written into
documenting modifications
the lease, you can then make the
agreed modifications without having If the landlord agrees to a
to get further permission from the modification, you and the landlord
landlord. should also agree who will pay for
it and whether you are responsible
If you want to make any other for reversing the modification when
changes to the property not already you leave.
listed in the lease, you must get the
landlord’s written permission to do so. For example, if you install a
dishwasher:
The landlord must not unreasonably
refuse consent for alterations or • you and the landlord can agree
modifications. for it to remain in the property, or
• the landlord can approve the
It may be reasonable for the landlord
dishwasher on the condition
to refuse consent for modifications
that you either remove it from
if the property:
the property before you leave,
• has heritage protections which or reimburse the landlord for the
would be adversely affected by cost of removal.
the modification
Whatever is agreed should be written
• would be non-compliant with into the Alterations and restoration
other legislative requirements. requirements section (Part E) of
For example, to install security the long-term lease agreement
screens on the windows of a (Form 2) and signed by both you
downstairs apartment, if the and the landlord. If you make any
fire evacuation rules state that changes that are not stated in the
the windows must be able to be agreement, the landlord may require
opened in an emergency you to reverse the modification
• would be devalued before you leave – even if they
• is about to be sold. agreed to it verbally.
If the landlord refuses consent for a
particular modification, you should
first ask why, as there may be a
legitimate reason.
30Part 2: During a tenancy
Gas appliance safety Tenants’ responsibilities
Landlords/agents or Tenants also have responsibilities,
owners’ responsibilities including to immediately report any
gas appliance fault to the landlord/
Landlords/agents or owners must
agent or owner. If you are a tenant,
ensure that rented premises are
make sure you are satisfied that any
maintained in good repair. This
gas appliance is operating safely. If
includes ensuring that all gas
you are concerned about the safety
appliances provided by the landlord/
of a gas heater, contact your landlord/
agent or owner, such as heaters and
agent or owner and ask for it to be
stoves, are safe to use and properly
tested. Before you sign a lease, you
maintained. All installation and
may consider requesting a condition/
maintenance of a gas fitting or fixture
clause be added requiring the
should be done by a licensed gas
landlord/agent or owner to undertake
fitter. Failing to ensure gas appliances
to have any gas appliances checked
are safe to use or properly maintained
and certified safe every two years.
can result in death, serious injury
or considerable property damage. To minimise gas safety risks:
Energy Safe Victoria recommends
• use appliances appropriately and
gas heaters and water heaters are
in accordance with the instructions
serviced every two years.
• report any fault or malfunction
Gas leak danger to your landlord/agent or owner
Professional servicing of gas • immediately stop using any
appliances is necessary because appliance that is obviously faulty
carbon monoxide leaks are hard to • allow reasonable access for gas
detect. The poisonous gas is tasteless, safety checks
colourless and odourless. Symptoms • do not illegally install, remove or
of carbon monoxide poisoning tamper with any gas appliance.
include tiredness, shortness of breath,
headaches, nausea, vomiting and The landlord/agent or owner and the
dizziness. Fixing a gas leak qualifies as tenant should work together to ensure
an urgent repair and a landlord/agent that a safety check is done at agreed
or owner must respond immediately intervals – which Energy Safe Victoria
to the tenant’s request for repairs. recommends should be every two
If a landlord/agent or owner is not years. For more advice on general gas
contactable or does not respond safety in the home, visit esv.vic.gov.au.
immediately, you can authorise an
urgent repair of up to $1,800 and
the landlord/agent or owner must
reimburse you.
31You can also read
