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Residential Tenancies Victoria Research Guide

Related content: 
Beginners Legal Research Guide
Locating Legislation Research Guide

This guide lists the resources that are most relevant to residential tenancies Victoria research.

Legislative changes

The Residential Tenancies Act 1997 (Vic) provides protection for all Victorians living in rental accommodation. The Act outlines the rights and obligations of the following groups:

  • Residential tenants, landlords and property managers
  • Residential parks or caravan park operators
  • Retirement village operators
  • Rooming house or boarding house operators
The Residential Tenancies Amendment Act of 2018 was passed by the Victorian Government on 7 September 2018 and outlined over 130 changes designed to make renting fairer for all. Some of these reforms were introduced in stages beginning in April 2019 and all other amendments commenced on the 29 March 2021. These changes are contained within the Residential Tenancies Act 1997 (Vic) and the Residential Tenancies Regulations 2021 (Vic).
 
Recent changes within the Residential Tenancies Act 1997 (Version 100) include:
 
  • Better electrical safety standards: s64A; s68B; s69; s142BA
  • Allowing renters to make minor modifications to the property: s64
  • Allowing pets in rental properties: s71A
  • Bond to be capped at 4 weeks rent: s31
  • Compensation for residential park closures: s215A
  • Suppression of rooming house details: s94G
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Disputes

The Residential Tenancies List of the Victorian Civil and Administrative Tribunal (VCAT) hears disputes between:

  • Tenants and landlords
  • Residents and caravan park owners
  • Residents of rooming houses and their operators
  • Tenants and the Director of Housing
  • Residents in the Specialist Disability Accommodation (SDA) as set out in the Disability Act 2006 (Vic) 
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Legislation
Residential Tenancies
Legislation
COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic)
COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic)
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 (Vic)
Disability Act 2006 (Vic)
Owners Corporations Amendment (Short-stay Accommodation) Act 2018 (Vic)
Residential Tenancies (COVID-19 Emergency Measures) Regulations 2020 (Vic)
Residential Tenancies (Specialist Disability Accommodation) Regulations 2019 (Vic)
Residential Tenancies Act 1997 (Vic)
Residential Tenancies Amendment (Long-term Tenancy Agreements) Act 2018 (Vic)
Residential Tenancies Amendment Act 2018 (Vic)

Further Resources

Case Law

AustLII provides Australian case law including appeal cases relevant to residential tenancy. VCAT decisions from 1 July 1998 are available, including decisions relevant to residential tenancy. AustLII is free.

JADE^ provides Australian case law including appeal cases relevant to residential tenancy. VCAT decisions from mid 2014 are available, including decisions relevant to residential tenancy. Case law and legislation is free. Premium access provides provides greater search functions.

Victorian Reports* provides access to authorised law reports including Victoria Supreme Court of Appeal cases relevant to residential tenancy. Case catchwords and citation information is free. Pay per view or subscription is required for complete access to the reported case.

^charges may apply (premium service only)

*charges apply

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Practice Notes

Commentary

Print Collection

COVID-19 (Coronavirus) Resources

The COVID-19 pandemic impacted many in the community causing economic, financial and mental distress. To protect vulnerable Victorians the Government introduced a suite of temporary measures such as a moratorium on rental increases and evictions, stimulus packages for businesses, homebuilder grant, pandemic leave disaster payments, food relief, land tax relief for residential and commercial landlords and temporary housing for the homeless.  

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