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Residential Tenancies Victoria
This guide lists the resources that are most relevant to residential tenancies Victoria research.
Legislative changes
The Residential Tenancies Act 1997 in Victoria provides protection for all Victorians living in rental accommodation. The Act outlines the rights and obligations of the following groups:
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Residential tenants; landlords, property managers and Owners Corporations
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Residential park or caravan park operators
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Retirement village operators
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Rooming house or boarding house operators
The Residential Tenancies Amendment Act of 2018, passed by the Victorian Government on 7 September 2018 proposed more than 130 changes. These changes give increased protection and make renting fairer for all Victorians. These are being introduced in stages with all reforms to have commenced by 1 Jan 2021. Some will require regulations to be written as not all the details are in the Act itself.
Better electrical safety standards, allowing renters to make minor modifications to the property, allowing pets in rental properties and bond to be capped at 4 weeks’ rent are just some of the changes. A Commissioner for Residential Tenancies has been appointed, compensation for residential park closures, suppression of rooming house details, longer term leases and changes to rent increases are in place.
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Disputes
The Victorian Civil and Administrative Tribunal (VCAT) hears disputes between tenants and landlords, caravan park owners and residents and between rooming house operators and rooming house residents and also between the Director of Housing and tenants, and under the Disability Act 2006 .
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Legislation
Useful Websites for COVID-19 (Coronavirus) and Information Regarding Your Rights
Due to the public health risk from COVID-19 a State of Emergency was declared throughout the country. Measures relating to Victoria are available via a number of sources.
Consumer Affairs Victoria – Coronavirus (COVID-19) and Your Rights
COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic)
C0VID-19 Omnibus (Emergency Measures) Act 2020 (Vic)
COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Vic)
Retail Leases Amendment Act 2020
Tenants Victoria – Coronavirus (COVID-19) Guide for Renters
Victoria Department of Health and Human Services: Housing Vic
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Useful websites
Commissioner for Residential Tenancies
Consumer Affairs Victoria: Housing
Consumer Affairs Victoria: Latest News
Consumer Affairs Victoria: Renting A Home: A Guide For Tenants
Government Media Releases: Housing (Victoria)
Justice Connect: Self-help Tools and Resources For Victorian Renters
Neighbourhood Justice Centre: Housing and Accommodation
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Case Law
AustLII provides excellent coverage of Australian case law (including coverage of appeal cases relevant to residential tenancy) and VCAT decisions from 1 July 1998 (including decisions relevant to residential tenancy matters). It is a free resource.
JADE^ provides coverage of Australian case law (including coverage of appeal cases relevant to residential tenancy) and VCAT decisions from mid 2014 (including decisions relevant to residential tenancy matters). Individual user registration required for premium content access.
Victorian Reports* provides access to the authorised law report series giving coverage from the Supreme Court of Victoria appeal cases relevant to residential tenancy. Requires individual registration for access.
^charges may apply (premium service only)
*charges apply
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