The Law Handbook 2024

Chapter 6.1: Tenancy 475 ‘see attached’ in the appropriate section and attach a separate sheet. Renters should pay special attention to the walls, floors and bench tops as these are areas commonly disputed. While it is not required by the RT Act, the condition report states that renters should attach dated and labelled copies of their own photos to the condition report. It is strongly recommended that renters take extensive photos of all parts of the property at the start and end of the rental agreement. Photos should be taken close-up and from a distance and should identify where the photo was taken. Photos should be uploaded to the Cloud for safekeeping. Renters may also wish to video themselves testing items such as heaters and cooking elements as these items are frequently disputed. If a renter or rental provider thinks a condition report is inaccurate or incomplete, they can apply to VCAT for an order to amend it (s 35A RT Act). This must be done within 30 days of the rental agreement commencing (s 35A). This entitlement only applies to rental agreements entered into from 29 March 2021. At the end of the rental agreement, the condition report helps determine liability if there is any dispute about damage or cleaning. Within 10 days of the end of a rental agreement, the rental provider or agent must complete the ‘end of rental agreement condition report’ section on the same condition report the renter was given before they moved in (s 35(5) RT Act). The rental provider or agent must give the renter a reasonable opportunity to be at the property when they inspect it and complete the condition report (s 35(5)). The renter should go to the final inspection to ensure the rental provider or agent accurately fills in the condition report, and to gather any evidence they may need if they wish to dispute allegations made about the final condition of the rented premises. Tenancy databases Being listed on a tenancy database can prevent a person from obtaining private rental accommodation. Listings in a database are not made automatically; they can only be made in certain circumstances, and they must be removed after three years (s 439A RT Act). The RT Act regulates: • when a person may be listed in a database; • when a listing must be removed; • requirements prior to listing; and • applications to VCAT regarding a listing. When a listing may be made Personal information must not be listed in a tenancy database unless the following two conditions are both satisfied: 1 the person was named as a renter in a rental agreement that has ended; and the person breached the rental agreement or certain provisions of the RT Act; and the person owes the rental provider an amount that is more than the bond; or a possession order was made for specific reasons (see section 439E of the RT Act for a list of the possession order types that can entitle a rental provider to list a renter on the database); and 2 the person has been given a copy of the information; and has been given 14 days to consider the information and object to it; and any objections have been considered (s 439F RT Act). Even if these conditions are satisfied, a listing must be accurate, complete, unambiguous and relate only to the breach (s 439E(1)(d) RT Act). A listing can only remain in a database for three years (s 439K(1)). A renter must not be listed in a database if the information relates to: • a Notice to Vacate that VCAT has found to be invalid (s 439F(6)(b) RT Act); • a termination of an existing agreement and/or the creation of a new agreement where there is family violence (s 439F(6)(a)); • a breach that was the result of family violence or personal violence against the renter (s 439E(3)); or • family or personal violence against the renter, and the renter has given the rental provider a written objection to the listing with the prescribed evidence (s 439F(7)). Notification requirements When a rental provider uses a tenancy database as part of their process of choosing a renter, the rental provider must disclose which tenancy databases they or their agent uses. This includes disclosing the