The Law Handbook 2024

470 Section 6: Houses, communities and the road – contamination because of drug-trafficking or cultivation on the property within the last five years, – asbestos found after inspection by a suitably qualified person; – a building or planning application lodged about the property, – any notice, report or order about a building defect or safety concern; • if there is a current building work dispute; or • if there is an owners corporation dispute. The rental provider must also give the renter a copy of any owners corporation rules that apply to the property (s 30D RT Act, reg 16). It is an offence for a rental provider to not make these disclosures before the renter signs the rental agreement; the offence can be reported to CAV (s 30D RT Act). If a rental provider has seriouslymisled or deceived a renter, causing them to enter into an agreement, the renter may be able to apply to end the agreement or seek compensation (ss 30E, 472(1A) RT Act). Minimum standards There are rental minimum standards that must be met for properties being offered for rent from 29 March 2021 (see ‘Rental minimum standards’, below). Agreements A residential rental agreement may be written or verbal. If an agreement has the character of a residential rental agreement, it is considered to be such an agreement, even if it is called something else (e.g. a licence or a commercial tenancy). If a renter has a verbal agreement, or an agreement that is only partly in writing, they can apply to VCAT for an order that the rental provider enter into a written rental agreement with them (s 26 RT Act). If an agreement is made to renew a rental agreement and if the agreement is not in writing, a renter may also apply to VCAT (s 29B RT Act). A renter must be given a copy of the rental agreement – signed by the renter and rental provider – within 14 days of the agreement being signed (s 29 RT Act). It is an offence to not give a renter a copy of the rental agreement. However, if a renter signs a rental agreement and returns it to the rental provider, or their agent, but the rental provider does not sign it, the agreement is still valid without the signature, if the rental provider or agent: • accepts a rent payment from the renter; or • behaves as if the agreement has been signed (e.g. they give the renter a condition report or keys for the property) (s 29A RT Act). Where a rental property is part of an owners corporation, rental providers must give renters a copy of the owners corporation rules (s 136 Owners Corporations Act 2006 (Vic)). Terms of a rental agreement If a rental agreement is in writing, it must be in the prescribed standard form from CAV (s 26 RT Act). It is an offence for a rental provider or agent to prepare a written rental agreement that does not use CAV’s standard form (s 26 RT Act). Since 29 March 2021, it has been an offence for a rental provider or agent to include certain prohibited terms in a rental agreement. A list of the prohibited terms is available on Tenants Victoria’s website (see www.tenantsvic.org.au/advice/starting-your-tenancy/ rental-agreements/) . The RT Act provides that a term of a rental agreement is invalid if it: • is a prohibited term; or • purports to exclude, restrict or modify or purports to have the effect of excluding, restricting or modifying the application of the RT Act (s 27(1)). Invalid terms cannot be enforced by a rental provider (s 27 RT Act). While the RT Act is the main source of rights and duties for rental providers and renters, the parties may agree to additional terms, provided these do not conflict with the prescribed rental agreement and the RT Act. In some circumstances, it can be argued that terms are harsh and unconscionable (s 28 RT Act) or unfair (s 185 Australian Consumer Law and Fair Trading Act 2012 (Cth)). If there are any disputes about the validity or fairness of any terms, the renter can apply to VCAT for an order declaring invalid, or asking VCAT to vary, a term of the rental agreement (ss 28, 472 RT Act). Implied agreement In circumstances where formal requirements and disclosures have not been met, or a written agreement