The Law Handbook 2024

Chapter 6.1: Tenancy 521 Family or personal violence If a renter has applied for a rental agreement termination or creation under section 91V of the RT Act, they should seek orders about the bond at the same hearing (s 91X(1) RT Act). If a rental agreement has ended another way, a renter who has experienced personal or family violence can rely on other provisions in the RT Act to help protect their bond (including a Director of Housing bond loan). VCAT can make orders that protect a victim-survivor’s bond if the loss – including rent arrears, or damage the rental provider has made a claim for – was caused by a perpetrator of family or personal violence (s 420A, 420B RT Act). The protections differ depending on whether the perpetrator of the violence is on the rental agreement (s 420A, 420B). It is not always necessary for the victim-survivor to have an intervention order in place for VCAT to make these orders. Currently, there is limited guidance on how, and in what circumstance, rent arrears or other liabilities will be apportioned, and how this may relate when a rental providermakes abond and compensation claim (see Marturano v NWO (Residential Tenancies) [2022] VCAT 537 (13 May 2022)). Due to the potential limitations of section 420A of the RT Act – this section only protects a portion of a bond and not a compensation amount in addition to the bond – it is strongly recommended that applications are made under section 91X of the RT Act where possible. For further assistance, see Tenants Victoria’s family violence protection tenancy kit (available at www.tenantsvic.org.au/advice/during-your-tenancy/ family-violence) . Recovery of bonds not lodged with the RTBA If a renter has paid a bond and the rental provider or real estate agent has not lodged the bond with the RTBA (this breaches section 406 of the RT Act), and is refusing to return all or part of the bond to the renter at the end of the rental agreement, the renter may apply to VCAT to recover their bond. An application should be made under section 452 of the RT Act. The rental provider’s failure to lodge the bond should be reported to CAV for investigation and possible prosecution. Renters may request that the fee be waived or include a claim for their application fee to be refunded by the rental provider (s 115B). All matters relating to the non-lodgement of bonds should be referred to Consumer Affairs Victoria as this is a serious offence. Abandoned goods If goods or documents are left in a rented premises after a rental agreement has ended, the RT Act imposes obligations on the rental provider regarding those goods and documents. It is paramount that renters take photos of their personal goods, possessions and documents. It is preferable to remove as much property as possible rather than leave it in the rented premises. Further, if a renter is excluded from the premises due to the execution of a warrant of possession or for any other reasons, including the rental provider refusing access, and they want to regain access to collect their goods or documents, they should make an urgent application to VCAT, pursuant to section 397 of the RT Act. If the rental provider disposes of, destroys or sells the renter’s goods or documents, and has not complied with the abandoned goods provisions (pt 9 RT Act), the renter or another person who has a lawful right to the goods or documents can apply to VCAT for compensation (s 396) (see ‘Compensation claims’, below). Goods Destruction and disposal of goods Once a renter has vacated a rental property, a rental provider may only remove and destroy or dispose of goods if they are of no monetary value, are perishable foodstuffs, or are dangerous (s 384(1) RT Act). However, the rental provider must store goods – even if they are of no monetary value, dangerous or perishable – for at least 14 days if they are ‘protected goods’. Protected goods are medals or trophies; specialised medical devices and equipment (including prostheses); prescription medicine; and labelled containers or urns containing human remains (ss 384, 386; reg 93 RT Act).