Residential Tenancy Agreement Consumer Affairs Victoria

Reform 18. The act is amended to clarify that a tenant who does not have a properly entered into lease (i.e. the RSO did not sign the contract) nevertheless benefits from the safeguards of the law, as if the contract had been duly signed from the outset. This reform also applies to settlement agreements in residential parks. The Government of Victoria has established a [standard rental form] {:target=”_blank}} which must be used for all residential leases Secondly, the contract contains the terms of the lease. These include rental, maintenance and the rights and obligations of tenants and landlords. If the tenant and landlord agree, a rent reduction contract can be renewed. This applies to agreements concluded either privately or through dispute resolution services. An extended agreement can be used as evidence to gain access to state aid, such as a rent relief subsidy for tenants or for potential mortgage repayments for landlords. In order to relieve financial stress and better facilitate these private agreements between outgoing tenants and RSOs, tenants can obtain an agreement from their EIA up to one month before the end of the contract so that their loan is released early. If the EIA agrees, the obligation can be paid up to 14 days before the end of the contract, as agreed, instead of the current 7-day period.

This reform also applies to obligations in residences, caravan parks and residential parks. Reform 71. A termination with a view to the termination of a fixed-term contract may indicate a date on the date or at the end of the limited period. This will allow for greater flexibility for RSOs and tenants, allowing parties to agree that the tenant will stay a little longer than the end of the fixed term if necessary. This reform also applies to this type of eviction notice in rooming houses and caravan parks. Short-term leases can be written or oral, but we recommend the use of written leases. Landlords and tenants can use our Form 1 – Residential Tenancy Agreement (Word, 1.5MB). If a tenant has received four notifications over a 12-month period, there will be “3 strikes” against their name. If no notification is received during this period, the strikes will be suppressed.

However, if the tenant does not pay the rent for a fifth time within the same 12-month period, the tenant can apply for a property order from VCAT and VCAT can cancel the order, whether or not the tenant pays the remaining arrears within the 14-day notice period. The VCAT must verify whether the evacuation would be appropriate and proportionate, taking into account a large number of factors, including the frequency of non-payment. Reform 87. A manager of the RSO or database must, upon written request, provide that person with a copy of the personal data relating to a person contained in a rental database and may levy a fee for the provision of the information. The changes allow tenants to access a free copy of their rental database per year. This reform also applies to residents of residences and caravan parks, as well as tenants of residential areas. Reform 57. Tenants who have paid for urgent repairs up to the prescribed amount may request from the EIA, within seven days instead of fourteen days, a refund of reasonable repair costs. A failure by the RSO to reimburse the tenant gives the tenant the right to seek a compensation order from VCAT. This reform also applies to dwellings, caravan parks and residential parks. Reform 42.

A more robust status reporting process clarifies the obligations to complete a status report at the beginning and end of a residential lease agreement. . . .