The Law Handbook 2024

464 NOTE The law in this chapter is current as at 1 September 2023. For more information about any of the topics covered in this chapter, and for legal advice in relation to tenancy, contact Tenants Victoria (www.tenantsvic.org.au; 9416 2577). Legislation Residential Tenancies Act The Residential Tenancies Act 1997 (Vic) (‘ RT Act ’) sets out the rights and duties of: • residential renters (renters) and rental providers (landlords); • caravan park residents and caravan park owners; • rooming house residents and rooming house owners; • site tenants and site owners; and • specialist disability accommodation residents and specialist disability accommodation providers. This chapter focuses on the law relating to renters and rental providers. There is also information about the rights and obligations of site tenants, and of residents of rooming houses, caravan parks and specialist disability accommodation – these are quite different from those of renters. Legislative changes Residential Tenancies Amendment Act 2018 The Residential Tenancies Amendment Act 2018 (Vic) (‘ RTA Act ’) commenced on 29 March 2021. The RTA Act brought into effect nearly 130 amendments to the RT Act. Some terminology also changed: • landlords are now called rental providers; • tenants are now called renters ; and • tenancy agreements are now called rental agreements. Tenancy 6.1 The Victorian Civil and Administrative Tribunal ( VCAT ) publishes important decisions and provides simple explanations. These may be useful for more complex matters and for issues that require clarification in the new laws (see www.vcat.vic.gov. au/sites/default/files/2020-07/Useful-Supreme- Court-and-VCAT-decisions-about-renting.pdf) . ANTICIPATED CHANGES In September 2023, the Victorian Housing Statement foreshadowed the following changes which may amend certain laws in the near future. These changes include: • Restrictions on rent increases between successive fixed term rental agreements • A ban on all types of rental bidding • The establishment of Rental Dispute Resolution Victoria • Introduction of a portable rental bond scheme • Extending notice of rent increase and notices to vacate to 90 days • Introduction of mandatory training and licensing for real estate agents, property managers, owners corporations and conveyancers • Making rental applications easier and protecting renters’ personal information For more information see www.vic.gov.au/protecting- renters-rights. TIPS FOR PROTECTING YOUR RIGHTS These are some general tips to help protect your rights: • Wherever possible, use the prescribed forms to take action. You can download these forms from the ‘Renting’ section of CAV’s website at www.consumer.vic.gov.au. • To apply to VCAT, visit www.vcat.vic.gov.au. Look under ‘Residential Tenancies List’ to download the general application form and guides for renters or rental providers – or you can register online. • If you are experiencing family violence or personal safety issues, consider using the application called ‘Application by a person experiencing personal or family violence – residential tenancies application’ on VCAT’s website. You should also seek support from Contributor: Ben Cording, Solicitor, Tenants Victoria