The Law Handbook 2024

468 Section 6: Houses, communities and the road apply to squatters. Information about squatters’ rights is available on Victoria Legal Aid’s website (www.legalaid.vic.gov.au – search for ‘homelessness’). A person who is occupying a premises without consent may be subject to orders from VCAT (s 344) and may be charged with trespass. However, generally, civil orders for the recovery of possession of land tend to be the main focus in such disputes. People who are considering squatting – or who are involved in disputes in relation to occupying premises without consent – should seek legal advice about squatting-related offences. For advice, contact your local community legal centre (see Chapter 2.4: Legal services that can help). Rental providers A ‘rental provider’ is defined in the RT Act (s 3) as a person by whom premises are let under a residential rental agreement or are to be let under a proposed agreement. If the renter is a public renter, their rental provider is Homes Victoria. This is managed by the Director of Housing, which is part of the Department of Families, Fairness and Housing ( DFFH ). Rental providers who are considered to be ‘public authorities’ for the purposes of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘ Human Rights Charter ’) are legally bound to act compatibly with, and give proper consideration to, the human rights set out in the Human Rights Charter. Homes Victoria is a public authority. Many community housing providers and transitional housing managers may also be considered to be public authorities and are subject to the Human Rights Charter (see ‘Charter of Human Rights and Responsibilities Act’, below). When applying to VCAT, note that writing the wrong name on a form (e.g. an application to VCAT) can have detrimental consequences for the renter. A VCAT order that specifies the wrong party is unenforceable. Nonetheless, this may be able to be corrected (see ss 119, 120A Victorian Civil and Administrative Tribunal Act 1998 (Vic) (‘ VCAT Act ’)). Whenfilling in forms and sending correspondence, a renter should specify the rental provider’s name, not the agent’s, although such forms and correspondence can be sent or given to the agent. If there is no real estate agency involved, parties may wish to obtain a copy of some identification to ensure they have a serviceable address for documents (s 66 RT Act). If no details have been provided, a title search of the rental premises may identify the owner of the premises. Agents A real estate agent is often employed by the rental provider to manage the property on their behalf. The agent acts on behalf of the rental provider, not the renter. Renters should be cautious about acting on the advice of an agent. A real estate agency must comply with the Estate Agents Act 1980 (Vic), the RT Act and the Australian Consumer Law and Fair Trading Act 2012 (Vic) (‘ ACL&FTA ’). To complain about a real estate agent, contact Consumer Affairs Victoria ( CAV ) (see ‘Contacts’ at the end of this chapter). Starting a tenancy Applying for a rental property Many new protections for renters have been introduced by the RTA Act and have been incorporated into both the RT Act and the accompanying regulations. Rent auctions and advertisements Since 29 March 2021, it has been illegal for a rental provider, or their agent, to hold rental auctions or to solicit or invite renters to offer to pay more rent than the amount advertised (s 30F(3) RT Act). If a rental provider or agent is advertising or otherwise offering a property for rent, the rent must be a fixed amount (s 30F(1) RT Act). However, a rental provider or agent is allowed to put a sign near the premises advertising or offering the premises for rent that does not state the amount of rent (s 30F(2)). What potential renters cannot be asked Rental providers, or their agents, are not allowed to ask renters about certain matters when they apply for a rental property. Rental providers: • cannot ask whether the renter has previously been involved in legal action or in a dispute with a rental provider (e.g. that involved going to VCAT);