Consumer.vic.gov.au Renting in Victoria Residential Tenancies Act 1997.

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Presentation transcript:

consumer.vic.gov.au Renting in Victoria Residential Tenancies Act 1997

consumer.vic.gov.au Consumer Affairs Victoria Consumer Affairs Victoria is the state’s consumer affairs regulator, helping create a competitive and fair marketplace for businesses and consumers. Renting, buying and selling property Shopping, refunds, guarantees Scams, door to door and phone sales Owners corporations Retirement village living

consumer.vic.gov.au Today's session Types of renting Your rights Repairs Moving out Communicating with your landlord/ property manager

Private rental - definition Exclusive right sole use of all areas of the property Lease agreements paying regular rent and/or written lease Share houses – all tenants should be on lease; they are co-tenants as they pay rent for exclusive right to property.

Subletting Where a tenant rents out all or part of the rental property to others: Owner’s consent must be obtained Tenant becomes “landlord” to sub-tenants

Rooming houses - definition One or more bedrooms in a: house apartment unit hostel 4 or more residents sharing facilities may share bedrooms Being rented to:

Rooming houses must be … Registered Safe Clean Minimum standards Hotline:

Tenant must be given Renting guide Emergency contact Rooming house rules

Lease agreements Get in writing Negotiate o length of lease o ‘fixed term’ or ‘periodic’ o how rent is to be paid Terms & conditions cannot override rights

A landlord must not charge for: Showing a tenant the rental property Providing a rent payment card Setting up or using direct debit facilities The making, continuing or renewing a lease agreement Interest on rent arrears

The bond All bonds must be lodged at the: Residential Tenancies Bond Authority (RTBA) Bond transfer – use the form Also check with DHS

Condition report Must be given to tenant when a bond is taken Tenant has 3 days Write down all problems Take photos

Urgent repairs Landlord must fix urgent repairs immediately If no response or not done, tenant can: organise repairs up to $1800 o keep receipts o landlord has 14 days to reimburse or ring CAV for help Examples (see renting guide for all urgent repairs): - blocked toilet (health risk) - no hot water (loss of amenity) - electric wires are exposed (unsafe) - external door lock does not work (unsafe)

Non-urgent repairs Use Notice to Landlord form Landlord has 14 days to fix if not done: report to CAV If the tenant causes the damage report it to the landlord. The tenant will have to pay for the repair. Tenants are not responsible for fair wear and tear.

The landlord must give Written notices for: rent increase – 60 days tenant to vacate – check guide for number of days If you think the notice is wrong, contact CAV:

When the tenant leaves Give 28 day written notice to vacate Disconnect utilities & final reading o (for separate meters only) Return keys Get bond back Leave forwarding address

"Breaking the lease" To end a fixed term lease before the end date Options 1. Negotiate and get agreement in writing 2. Go to VCAT – hardship ruling 3. Pay reasonable costs (advertising, rent until new tenant found, etc)

How we can help Tenancy inspectors o non urgent repairs o rent increase assessments Dispute resolution Information sessions Regional Offices: Morwell, Geelong, Warrnambool, Ballarat, Mildura, Bendigo, Wangaratta, Broadmeadows, Dandenong.

Communication Let your landlord or manager know Mail…phone…SMS…letter? Use CAV forms Notice to Landlord of rented premises Notice to owner of rooming house RTBA Tenant Transfer

RentRight app New app for renters now available help to contact property manager/landlord template s for tenants to use information to help resolve tenant issues rent calculator moving in calculator

Victorian Civil & Administrative Tribunal Applications can be downloaded or completed online Or call (outside Melbourne Metro area only)

More information consumer.vic.gov.au Victorian Consumer & Business Centre 113 Exhibition St, Melbourne and regional centres