The Law Handbook 2024

Index 1253 top ups 474 VCAT, application to 519–20 breach of duty notice 479, 523, 527 CAV template 479 compensation claim 481, 523 grounds 479 notice to vacate where non-compliance 505–6 rental provider, against 481, 485 renter, against 479 rooming house 489 breaking fixed-term agreement 496–8 agreement about costs 497 compensation to rental provider 496–7 compensation to renter 498 hardship application 498 long-term agreement 498 minimising loss 497 reasonable costs 497 Burgess Case 538, 539 business premises excluded 467 caravan park residents 464, 466 notice to leave 510–11 changes to law 464 charges 472–3, 478–9 illegal 472–3 utilities 478–9 Charter of Human Rights and Responsibilities 537–9 public authorities, conduct under 468, 537–8 cleaning requirements 480 Commissioner for Residential Tenancies 540 compensation see tenancy – compensation claims compliance order see compliance order condition report 474–5, 478 Consumer Affairs Victoria (CAV) 540 condition report form 474 dispute resolution 474, 540 investigation of rooming house 490 offences reportable to 533 repair inspection report 485 contacts 539–40 co-renters 465–6 disputes between 465 family violence 465–6 creation application 499 family violence 499 crisis accommodation excluded 467 damage compliance order 502, 506, 516 duty not to cause 479–80 eviction for malicious 502 databases 475–7 application to VCAT about 476, 477 blacklisting renters 475–7 checking and amending listing 476 complaints regarding 476 conditions for listing on 475 notification requirements 475–6, 477 order to remove or amend listing 476, 477 privacy issues 476 rental non-compliance register 477 rental providers 477 definition of tenant 465–8 destruction of abandoned goods 522 Director of Housing bond, recovery of 519 repair procedures 486 service charges 479 disability rights 783–4 Commonwealth Continuity of Support Program 534 specialist disability accommodation 464, 474, 534–6 discrimination 469, 783–4 compensation claim 523 disputes appeal 531–3 bond 519–20 excessive rent increase 492–3 proper forum 531 resolution by CAV 727 educational institutions excluded 467 embedded networks issues 478 endangering safety, eviction for 502 ending 493–523 entry by rental provider 481–3 consent of renter 482–3 notice of entry 481 open for inspections 482 permitted reasons 481 photographs and videos 482 rental inspections 482 restraining order 481, 494 sales inspections 482 specialist disability accommodation 536 estate agent 468 compensation claim against 526, 527 complaint against 468 eviction Burgess Case 538, 539 compensation where lack of good repair 483 enforcement by police 501 illegal 493–4 judicial intervention 538–9 legal 512 Magistrates’ Court jurisdiction 17 notice to vacate see notice to vacate possession order see possession order warrant see warrant of possession exclusive possession 465 family violence 464, 465–6, 499–501 bond recovery 521 challenging notice to vacate 510 co-renters 465–6 creation of new agreement 499 intervention orders 499–500 keeping keys pending application 500 listing time for applications 500 personal safety orders 499 protection kit 466, 501, 521 rental provider not entitled to compensation 499, 500 support for applicants at VCAT 500 tenancy database, order regarding 476 termination of agreement 499 VCAT applications 499–501 farms excluded from Act 467 fencing work by renters 584 financial hardship 478 application for reduction or termination 498 fixed-term agreement 471 application to reduce or terminate 498 breaking 496–8 notice to vacate 495, 496 rent increases 492 Form 1 rental agreement 471, 480 Form 2 rental agreement 471, 480, 493 fraud 533 holding deposit 472 holiday homes excluded from Act 467 Housing Registrar 530, 540 human rights issues 537–9 illegal charges 472–3 illegal evictions 493–4 illegal purposes, premises used for 505 implied agreement 470–1 inspection of property before moving in 474 intellectual disability and 783–4 intervention order family violence 499, 500, 521 rental provider, against 494 landlord see rental provider below law reform 464 lease breaking 496–8 legal assistance 74, 539–40 legislation 464 licensed premises excluded 467 licensee distinguished from renter 465 locks 487–8 rooming houses 489, 490 lodgers see rooming houses long-term tenancy 471 application to reduce term 498 bond 474 breaking lease 498 Form 1 rental agreement 471, 480 Form 2 rental agreement 471, 480, 493 notice of intention to vacate 496 prescribed standard forms 471 rent increases 493 rights and duties 480–1 malicious damage, eviction for 502 managed premises 510 notice to leave 510–11 mental illness and 783–4 minimum standards 470, 486–7 termination where not met 486, 495–6 notice of entry 481 notice of intention to vacate 493, 494–6, 512 14-day notice 495 28-day notice 494–5 before end of fixed term 495 breach by rental provider 496 breaking fixed-term agreement 496–8 compensation to rental provider 496–7 compensation to renter 498 email, by 495 entry by landlord after 481 fixed-term agreement 495, 496 form 495, 512 long-term rental agreement 496, 498 minimum standards not met 486, 495–6 premises unfit for human habitation 495–6 service of 495 notice to leave 510–11 family or personal violence 511 managed premises 511