The Law Handbook 2024

Chapter 6.1: Tenancy 469 • cannot ask questions about the renter’s bond history, including whether a claim has ever been made against their bond; • cannot ask for credit card or bank statements that contain the renter’s daily transactions; and • cannot ask any information about the renter that could be discriminatory (under section 6 of the Equal Opportunity Act 2010 (Vic)) unless the renter has been given reasons in writing why the information is required (see ‘Discrimination’, below) (s 30C RT Act). It is an offence to ask renters these questions; this can be reported to CAV. Use of renters’ information The rental provider or real estate agent can only use the personal information contained in a renter’s application form to assess their suitability as a renter, or for a legitimate reason under the RT Act. It is an offence to use a renter’s personal information for any other reason; this can be reported to CAV (s 30B RT Act). Discrimination It is illegal for a rental provider or real estate agent to discriminate against a renter on the grounds of certain ‘protected’ personal characteristics when they are applying for, occupying or leaving a property (s 30A RT Act). These personal characteristics, which are listed in the Equal Opportunity Act 2010 (Vic), include: • age; • disability, including physical, sensory or intellectual disability or mental illness; • employment activity or industrial activity, including union activity; • legal sexual activity or sexual orientation or erased homosexual conviction; • gender identity or sex or intersex status; • marital status; • being a parent, a carer, pregnant or breastfeeding; • race; • religious beliefs or political beliefs or activity; • profession, trade or occupation; and • any relationship or connection with anyone with the above characteristics or who is assumed to have one of these personal characteristics. From 29 March 2021, any application form for a rental property must include a prescribed statement about unlawful discrimination, including examples of the protected personal characteristics (s 29C RT Act). It is an offence for a rental provider or agent to discriminate against renters with children (s 30(1) RT Act). However, the RT Act allows a rental provider or agent to refuse to allow children to live in a rental property if: • the rental provider lives in the same property; • the property is by design or location unsuitable for children; or • the government has provided the property exclusively for single people or childless couples (s 30). Pre-contract disclosures: What renters must be told before they sign A rental provider must tell a renter before they enter into a rental agreement: • if they have engaged an agent to sell the premises or prepared a contract, or that there is a proposal to sell the premises; • if they are not the owner, that they have the right to rent out the property; • if they have a mortgage, whether any action is being taken by the lender to take possession of the property; • if there is an embedded energy network (a joint supplier to all the apartments in a development), the network’s ABN, name and contact details, and tariffs, fees and charges (or where that information can be found); • if there has been a homicide on the property in the last five years; • if the property complies with rental minimum standards; • if the rental provider has received a repair notice for mould or damp that is related to the building structure within the last three years (this requirement applies from 31 December 2021); • the date of the most recent safety checks for gas, electrical safety and pool-barrier compliance, and any outstanding recommendations for work on the property’s gas or electricity; • if the property is heritage listed; • if the rental provider knows about: