The Law Handbook 2024

Chapter 6.1: Tenancy 483 Entry or the renter has consented to the entry (s 85 RT Act). Where a rental provider or their agent seeks the consent of the renter to enter the premises, and the renter provides that consent, there is a right to entry at the time agreed between the parties (s 85(a)). The consent must be given not more than seven days prior to entry (s 85(a)). Repairs A rental provider is required to ensure the rented premises is maintained in good repair and is in a reasonably fit and suitable condition for occupation (s 68 RT Act). The duty ‘is strict and absolute and imposes an obligation upon a [rental provider] to identify and rectify any defects of which they are aware or ought to be aware’ ( Shields v Deliopoulos [2016] VSC 500 (7 September 2016)). This obligation applies regardless of the age and character of the property, the condition it was in before the renter moved in, or the amount of rent the renter pays (s 68(1A) RT Act). It is also not an excuse for a rental provider to indicate that repairs are being delayed because of their insurance company. Renters should apply to VCAT if repairs are not being attended to as required. Note that repairs and rent payable are treated as separate issues by VCAT. If significant repairs are required, a renter cannot refuse to pay their rent on the basis of ignored repair requests. A renter may be evicted for overdue rent when they have a valid compensation claim for a lack of good repair caused by the rental provider. Renters can apply to VCAT for a repair order, or to use the ‘rent special account’ (s 77 RT Act) (see ‘Rent special account’, below). All repairs must be completed by a ‘suitably qualified person’. If renters have doubts about who is authorised to do certain types of repairs, or the qualifications of attending trades people, they should contact the Victorian Building Authority or Energy Safe Victoria (see ‘Contacts’ at the end of this chapter’). Fear of retaliation or Notice to Vacate when asking for repairs An ‘end of initial fixed term’ Notice to Vacate is of no effect if the notice was given in response to the exercise, or proposed exercise, of a right under the RT Act (s 91ZZI(3)). Further, the ‘no reason’ Notice to Vacate has been abolished. This means that rental providers must give reasons and evidence for other Notices to Vacate they might issue. If VCAT is not satisfied that a Notice to Vacate meets the requirements, then the notice will be dismissed. Further, rental providers are not permitted to ask renter applicants about previous legal action or disputes with rental providers (s 30C RT Act; reg 15(b)). If a renter receives a Notice to Vacate immediately after asking for repairs (or exercising any other right under the RT Act), the renter should seek legal advice straight away about challenging the notice as being retaliatory. Rent special account The ‘rent special account’ allows a renter to pay their rent to Consumer Affairs Victoria instead of to the rental provider when repairs are not being done (s 498AB). A renter may apply to VCAT for their rent to be paid into a trust account held by Consumer Affairs until such time as VCAT orders the amount of rent to be released, on the basis that the rental provider has fulfilled, or is fulfilling, their obligation to carry out the repairs. After a repairs notice has been given, VCAT must make an order to allow the renter to pay their rent into the rent special account, unless the rental provider is experiencing financial hardship, or would suffer financial hardship if the rent was paid into the rent special account. A request to use the rent special account (s 77 RT Act) can be included on applications for both urgent and non-urgent repairs. If repairs are not completed as required in the repairs order, the renter may apply for compensation against the rent special account funds (s 77(4)). Getting repairs done The RT Act sets out three processes in relation to requesting repairs: for urgent repairs, non-urgent repairs, and breach of duty procedure. These processes are the means by which a rental provider can be forced to attend to repairs. If a repair is urgent, VCAT orders can be obtained in a matter of days. Urgent repairs Urgent repairs are defined in section 3 of the RT Act to mean any work necessary to repair or remedy: