Renting a home A guide for tenants - consumer.vic.gov.au

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Renting a home A guide for tenants - consumer.vic.gov.au
Renting a home
A guide for tenants

consumer.vic.gov.au
Renting a home A guide for tenants - consumer.vic.gov.au
Renting a home

                                   The app for renters
                                   Learn your rights and responsibilities as
                                   a renter, understand condition reports,
                                   contact your agent and more – all from
                                   your smartphone.

Disclaimer, copyright and                          About this guide
publisher information                              Renting a home: A guide for tenants is the
Because this publication avoids the use of legal   summary approved by the Director of Consumer
language, information about the law may have       Affairs Victoria of the rights and duties of a
been expressed in general statements. This         landlord and tenant under a tenancy agreement.
guide should not be relied upon as a substitute
for the Residential Tenancies Act 1997 or          Under section 66 of the Residential Tenancies
professional legal advice.                         Act 1997 (the Act) landlords and agents must
                                                   give the tenant this guide on or before the day
Authorised and published
                                                   they move in.
by the Victorian Government,
1 Treasury Place, Melbourne                        Consumer Affairs Victoria can take tenants,
September 2015                                     landlords and agents to the Magistrates’ Court
                                                   for not obeying certain obligations under the
ISBN: 978 1 921079 61 0
                                                   Act. In some circumstances, the Magistrates’
                                                   Court may impose a fine.
Unless indicated otherwise, this work is           Additional copies
made available under the terms of the              Additional copies of this guide are available
Creative Commons Attribution 3.0 Australia         from the Consumer Affairs Victoria website.
Licence. To view a copy of this licence, visit     To order more than five copies, download an
creativecommons.org/licenses/by/3.0/au             order form from the website.
It is a condition of this Creative Commons
Attribution 3.0 Licence that you must give         Information about renting is available in
credit to the original author who is the State     20 languages at consumer.vic.gov.au/
of Victoria.                                       languages.
If you would like to receive this publication
in an accessible format, please telephone
Consumer Affairs Victoria on 1300 55 81 81.

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Renting a home A guide for tenants - consumer.vic.gov.au
Contents
Essentials for tenants.............................. 4         Smoke alarms...................................... 22
At the beginning of a tenancy............... 4                 Swimming pools and spas................... 23
During a tenancy................................... 4          Entry to the premises........................... 23
At the end of a tenancy......................... 4             Rent increases...................................... 24
RentRight app........................................ 5        Part 3: Ending a tenancy...................... 25
Part 1: Beginning a tenancy................... 6               Ending a tenancy agreement............... 26
At the start of your tenancy................... 7              When your landlord wants
Tenancy agreements ............................. 7             to end the tenancy.............................. 26
Signing your rental agreement ............. 8                  When you want to end the tenancy .... 29
Tenancy databases................................. 9           Calculating minimum notice periods.... 31
Guarantees.......................................... 10        Challenging a ‘Notice to Vacate’.......... 32
Rent in advance................................... 10          Getting evicted.................................... 32
Deposits and charges........................... 10             Part 4: Leaving a tenancy after
The bond............................................. 11       giving or receiving notice.................... 34
The ‘Condition Report’........................ 12              Preparing to leave the property........... 35
Water meter readings.......................... 12              Agreeing on the return of the bond .... 35
Utility connections............................... 13          Final meter readings............................ 36
Part 2: During a tenancy...................... 14              Belongings left behind......................... 36
Paying rent.......................................... 15       Providing a forwarding address............ 37
Rent receipts........................................ 15       Part 5: Solving tenancy problems......... 38
Utilities................................................ 16   What you can do to solve a tenancy
Looking after the property................... 17               problem.............................................. 39
Your privacy......................................... 18       Reaching an agreement....................... 39
If you do not meet your                                        Consumer Affairs Victoria..................... 39
responsibilities .................................... 18       Tenants Union of Victoria (TUV)........... 40
If a landlord or agent does not                                Housing for the Aged
meet their responsibilities.................... 18             Action Group (HAAG).......................... 40
Sharing a property............................... 18           Victorian Civil and Administrative
Change of landlord or tenant.............. 19                  Tribunal (VCAT)................................... 41
Repairs................................................. 20
                                                               Useful contacts.................................... 42
Gas appliance safety............................ 22

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Renting a home A guide for tenants - consumer.vic.gov.au
Renting a home

Essentials for tenants
•   Do not sign anything unless you           •   Official notices you give your
    understand what it means.                     landlord or agent must include
                                                  all the required details. Use the
•   Never sign a blank form – for
                                                  forms on the Consumer Affairs
    example, a bond form – even if
                                                  Victoria website or the RentRight
    it looks official.
                                                  app to ensure you provide the
                                                  right information to your landlord
                                                  or agent.

At the beginning of a tenancy                 • keep your property reasonably clean;
• read and sign your ‘Residential               this will minimise any problems that
  Tenancy Agreement’ form                       may occur during a landlord or agent
• keep a copy of anything you sign              inspection
• seek advice if you have a tenancy issue     • get written permission from your
  or question                                   landlord if you wish to sub-let or
• check that your new home is completely        assign the tenancy agreement to
  safe, and raise any issues with your          someone else
  landlord or agent                           • let your landlord or agent know
• complete a ‘Condition Report’ if you          of any repairs that need to be done
  have paid a bond – you can add to or          > see Repairs on page 20 for details
  edit a ‘Condition Report’ completed         • put all requests to your landlord or
  by a landlord or agent > see The              agent in writing. Forms are available
  ‘Condition Report’ on page 12 for details     from Consumer Affairs Victoria.
• consider taking photos of the property      At the end of a tenancy
  before or on the day you move in
                                              • give adequate notice when planning
• complete and sign the ‘Bond Lodgement’
                                                to leave; the notice period will depend
  form and keep the receipt > see The bond
                                                on your reason for leaving
  on page 11 for details
                                                > see When you want to end the tenancy
• contact the utility companies of your
                                                on page 29 for details
  choice to ensure these are connected
                                              • pay any outstanding rent
  by the time you move in.
                                              • check your responsibilities for
During a tenancy                                separately metered utilities
• communicate with your landlord or           • clean the property
  agent and keep them informed of any         • consider taking photos after you
  problems that may arise                       move your furniture out to show the
• make sure you pay your rent on time           condition of the property
• keep all records such as rent receipts

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Renting a home A guide for tenants - consumer.vic.gov.au
Essentials for tenants

• take all your belongings with you
  > see Belongings left behind on page 36
  for details
• keep the ‘Condition Report’ in case
  of a dispute
• try to agree with your landlord or
  agent on the return of the bond
  > see Agreeing on the return of the bond
  on page 35 for details
• if you have paid a bond, complete the
  ‘Bond Claim’ form and return it to the
  Residential Tenancies Bond Authority.
  The form must be signed by you and
  your landlord or agent
• leave a forwarding address with your
  landlord or agent or Australia Post.
RentRight app
RentRight is a free mobile app for renters,
available for iPhone and Android users.
RentRight has information and tools to
help you manage your tenancy.
You can use RentRight to:
• correctly contact your landlord or
  agent
• adapt and send sample emails on a
  range of issues, including repairs and
                                              written agreement to accept electronic
  ending a lease
                                              communication. You will be prompted to
• access information to help resolve
                                              do this when you first use the app.
  problems you may encounter
• calculate how much a week’s rent is         Private renters in Victoria can use all parts
  per month, six months and yearly            of this app. Some of its functions can
• calculate your up-front costs when          also apply to public housing tenants; for
  moving into a new rental.                   further advice, contact your local Housing
                                              office.
To send your landlord or agent notices
via the RentRight app (for example, about     For more information and to download
repairs, damages, utilities, moving out       the app, visit consumer.vic.gov.au/
or breaches of duty) you must get their       rentright

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Renting a home A guide for tenants - consumer.vic.gov.au
Renting a home

PART 1:
Beginning a tenancy

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Renting a home A guide for tenants - consumer.vic.gov.au
PART 1: Beginning a tenancy

At the start of your tenancy
•   Carefully read and understand             •    Pay the bond if required.
    the tenancy agreement before              •    Pay rent in advance if required.
    you sign it.
                                              •    Fill out and keep a copy
•   Get the landlord or agent’s                    of the ‘Condition Report’.
    contact details.

Tenancy agreements                            Most people who sign a tenancy
A tenancy agreement, also called a lease,     agreement pay rent to a landlord or
can be in writing or verbal. If a tenancy     agent working for the landlord.
agreement is in writing it must be in
the proper legal form. Tenancy agreement          Note:
forms are available from the Consumer             If you or your landlord do
Affairs Victoria website.                         not give notice to end a
                                                  fixed‑term agreement, you
There are two types of tenancy
                                                  will automatically roll over to a
agreements:                                       periodic tenancy agreement at the
1. A fixed-term agreement is for an initial       end of the fixed term.
   set period.                                    For more information about
2. A periodic agreement has no end date.          ending a tenancy, see Ending a
                                                  tenancy agreement on page 26.
A tenancy agreement is a legal contract
between you and your landlord.
It outlines:
• the rent you need to pay and
  how to pay it
• the length and type of tenancy
• the amount of bond required
• other conditions and rules.

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Renting a home A guide for tenants - consumer.vic.gov.au
Renting a home

Signing your rental agreement                  Your landlord or agent can be fined if:
Before you sign the tenancy agreement:         • they do not provide these details on or
                                                 before the first day of your occupancy
• your landlord or agent must give you
                                               • they do not advise you of any changes
  a copy of the unsigned document
                                                 to their contact details within seven
• read it carefully and make sure you
                                                 days.
  understand it.
Extra terms and conditions may be              Tenants with children
included if you and your landlord or           In most circumstances, a landlord or
agent agree, but these must comply             agent cannot legally refuse to rent a
with the Act.                                  property to tenants with children. This is
                                               discrimination and is against the law.
Once the tenancy agreement has been
signed, your landlord or agent must give       For information about discrimination in
you a copy within 14 days.                     accommodation, contact the Victorian
                                               Equal Opportunity and Human Rights
Your landlord or agent must give you:          Commission > see Victorian Equal
• their full name and address                  Opportunity and Human Rights Commission
• an emergency telephone number and            (VEOHRC) on page 43 for contact details.
  (in the case of agents) a fax number
  to be used for urgent repairs.               Pets
                                               The Residential Tenancies Act 1997 does
If an agent (rather than the landlord)         not make any mention of pets.
manages your property, they must also
provide in writing:                            However, it may be possible to have
                                               a clause in a tenancy agreement that
• details of whether or not the agent can      bans pets.
  authorise urgent repairs, and
• if the agent can authorise urgent            If you have a pet or intend to get one, you
  repairs, the maximum amount they             should let your landlord or agent know as
  can authorise.                               it may be in breach of the terms of your
                                               tenancy agreement.
The landlord or agent should also give
you a copy of the owners corporation           If you keep a pet that has been causing
rules, if any apply to the property. This is   damage or nuisance, or interfering with
likely if you are renting an apartment, a      the reasonable peace and comfort of
townhouse or a unit. The rules may cover       neighbours, you can be issued with a
day-to-day issues such as parking, pets        ‘Breach of Duty’ notice by the landlord
and noise.                                     or agent.
                                               If your pet has been found to be
                                               endangering the safety of neighbours,
                                               you may be given an immediate
                                               ‘Notice to Vacate’ by the landlord
                                               or agent.
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Renting a home A guide for tenants - consumer.vic.gov.au
PART 1: Beginning a tenancy

Tenancy databases                               The landlord or agent can face
Tenancy databases, also referred to as          significant penalties for not advising
‘blacklists’ or ‘bad tenant databases’,         you about databases.
contain information about the renting           Listing a tenant on a database
history of certain tenants.
                                                You can only be listed on a database if:
A landlord or agent can pay a                   • you were named on the tenancy
membership fee to access a database               agreement
when choosing a tenant for a property.          • the agreement has ended
They can use the database to:                   • you breached the agreement and
• search for and screen prospective               because of the breach, you owe an
  tenants                                         amount more than the bond, or VCAT
• list previous tenants.                          has made a possession order.

Notifying prospective tenants                   This applies if you breached your tenancy
about databases                                 agreement by:
When you apply to rent a property,              •   maliciously damaging property
and the landlord or agent are using             •   endangering neighbours’ safety
a database to help decide whether a             •   not paying rent
tenancy agreement should be entered             •   failing to comply with a VCAT order
into, they must:                                •   using the property for illegal purposes
                                                •   sub-letting the property without the
• advise you if they subscribe to
                                                    landlord or agent’s consent.
  a database
• provide you with the contact details          Before listing a tenant on a database,
  of the database operator.                     the landlord or agent (or the database
                                                operator) must notify the tenant in
The details must be in writing.
                                                writing, and provide them with 14 days
If the landlord or agent finds personal         to object and make submissions.
details of you on a database, they must
                                                Updating or removing listings
advise you in writing, within seven days, of:
                                                Listings more than three years old must
• the name of the database and the              be removed from a database.
  person who listed the information
                                                If the landlord or agent become aware
• the personal information held in the
                                                that information listed is inaccurate
  database
                                                or out-of-date, they must notify the
• how you can check, change or remove
                                                database operator within seven days.
  the listing (that is, by contacting the
  database operator or the person who           The operator must then change or
  listed you).                                  remove the listing within 14 days.
                                                You can apply to VCAT to change or
                                                remove inaccurate or out-of-date listings.

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Renting a home A guide for tenants - consumer.vic.gov.au
Renting a home

                                             Rent in advance
                                             If you pay rent weekly, your landlord or
                                             agent cannot ask for more than 14 days’
                                             rent at the beginning of a tenancy. In any
                                             other case, provided the rent is $350 a
                                             week or less, the landlord or agent cannot
                                             ask for more than one month’s rent in
                                             advance.
                                             Deposits and charges
                                             A landlord or agent can ask you for a
                                             holding deposit. This must be refunded
                                             when the tenancy agreement is signed.
                                             If no tenancy agreement is made within
                                             14 days, the money must be refunded by
                                             the next business day.
                                             A landlord, agent or other third party
                                             cannot charge for:
Guarantees
A guarantee is an agreement where a          •   showing you a property
person, other than you, agrees to pay        •   issuing a rent payment card
the landlord for any losses incurred if      •   establishing or using direct debit facilities
you breach any part of your tenancy          •   making, continuing or renewing a
agreement or the Residential Tenancies           tenancy agreement (this may also
Act 1997.                                        be referred to as a premium, bonus,
                                                 commission or key money).
Your landlord can only ask for a guarantee
as well as a bond when:
• the rent is more than $350 a week, or
• you are renting your landlord’s
  principal place of residence until they
  resume living there. This condition
  must be stated in the lease.
If there is a guarantee but no bond, the
guarantee can only be enforced if the
amount is no more than one month’s rent.

10
PART 1: Beginning a tenancy

The bond                                       Bonds from the Director of Housing (DoH)
Most landlords or agents will ask you to       If you are on a low income and can afford
pay a bond. A bond acts as a security that     to rent privately, but are struggling to pay
you will meet the terms of your tenancy        the up-front costs, you may be eligible for
agreement. If you fail to keep the property    a bond loan from the DoH.
clean, cause damage or are in rent arrears,    A DoH ‘Bond Lodgement’ form must be
your landlord or agent may claim some or       used for any part of the bond provided
all of the bond when the tenancy ends.         by the DoH. The DoH will issue the form
If your rent is $350 a week or less, the       with the bond payment when a bond
bond cannot be more than one calendar          loan is approved.
month’s rent. Your landlord or agent           In cases where you have paid the bond
cannot increase the bond during your           while waiting for an approved DoH bond
tenancy.                                       loan, you may apply to the RTBA to get
Looking after the bond                         your bond money back.
Your bond money is held by the                 To find out if you are eligible for a
Residential Tenancies Bond Authority (RTBA).   DoH bond loan, contact the DoH through
                                               the Department of Health & Human
 If your landlord or agent receives a bond
                                               Services > see Department of Health
or a part payment of a bond, they must
                                               & Human Services on page 43 for contact
give you a completed and signed official
                                               details.
‘Bond Lodgement’ form to sign.
                                               Dishonoured bond payments
 ’Bond Lodgement’ forms                        If a bond payment to the RTBA is
  can be generated on the                      dishonoured, the landlord or agent can
  RTBA Online website at                       organise to collect the money and re-lodge
  rentalbonds.vic.gov.au.                      the bond, give you a 14-day ‘Notice to
                                               Vacate’ for non-payment of a bond, or
                                               waive the bond.
Payment must be made by cheque
or money order to the ‘Residential             Difference between bond and rent
Tenancies Bond Authority’. The postal          Your bond and rent are separate
details are under Residential Tenancies        payments. You may be fined for treating
Bond Authority (RTBA) on page 42 and on        any part of the bond as rent.
the ‘Bond Lodgement’ form. The RTBA will
                                               You must continue to pay rent until you
send a receipt to you and your landlord
                                               vacate even if:
or agent. Contact the RTBA if you have
                                               • your landlord has refused to do repairs
not received a receipt 15 business days
                                               • you have given your landlord notice of
after paying your bond.
                                                  your intention to vacate
                                               • your landlord has given you a
                                                  ‘Notice to Vacate’.

                                                                                          11
Renting a home

The ‘Condition Report’                          Completing the ‘Condition Report’
If you have paid a bond, your landlord or       It is important to note on the ‘Condition
agent must prepare a ‘Condition Report’,        Report’ if you disagree with any points.
which records the property’s general
                                                Check that everything attached to a ceiling,
condition, including fittings and fixtures
                                                wall or a door (for example, light fittings,
before you occupy the rented premises.
                                                mantelpieces, hooks and handles) is fixed
Even if you have not paid a bond, it is still
                                                securely and unlikely to injure anyone.
a good idea to get a ‘Condition Report’.
                                                Take photographs, particularly of any
Consumer Affairs Victoria has a ‘Condition
                                                features of the premises you have made
Report’ form to help you rate the
                                                a note of in the condition report.
condition of your new home.
The ‘Condition Report’ can be used as
                                                  Reporting safety issues
evidence if there is a dispute about who          You should inform your
should pay for cleaning, damage, or               landlord or agent of any
replacement of missing items, particularly        defects that pose a threat
at the end of a tenancy.                          to safety so these can be fixed by an
                                                  expert. If you report a safety risk and it
If possible, take photos of the premises
                                                  is not fixed, you can take further action
before you move in to further show                > See Repairs on page 20.
their condition.
                                                  If the problem is serious enough to
Your landlord or agent must provide you           make the premises unsafe to live
with two copies of the signed ‘Condition          in, notify your landlord or agent
Report’ before you move in.                       immediately. If the problem cannot
                                                  be fixed, you may be able to end your
Review and, if necessary, add your                tenancy agreement.
comments to the ‘Condition Report’.               See the Consumer Affairs Victoria
Return the report to your landlord or agent       website for further details.
within three business days of moving in.
All parties should keep their copy of the
‘Condition Report’ until the end of the         Water meter readings
tenancy.                                        If the property has a separate meter,
                                                your landlord or agent:
Your landlord or agent may claim some
or all of the bond for cleaning, damage,        • can arrange for you to be billed for
or replacement of missing items at the            water usage and sewage disposal
end of your tenancy. If the ‘Condition          • must give your contact details to the
Report’ stated that the work was required         water provider, who will read the
at the start of the tenancy, or the items         meter and commence billing.
were not listed, it can help you prove the      It is a good idea to confirm the details in a
bond should be returned to you.                 letter to the water provider and keep a copy.

12
PART 1: Beginning a tenancy

Utility connections                       the tenancy application form for
When starting a tenancy, you should:      this service; if you do, you are only
                                          consenting to having the connection
• contact the utility providers of your   company call you.
  choice to ensure gas and electricity
  are connected
• arrange for bills to be in your name      Smoke alarms
• leave enough time to arrange any          The landlord is responsible
  connections prior to moving in.           for fitting smoke alarms. For
                                            more information, see Smoke
Some agents will offer a connection         alarms on page 22.
service via an external company.
You do not have to tick the box on

                                                                                    13
Renting a home

PART 2:
During a tenancy

14
PART 2: During a tenancy

Paying rent
•    Pay your rent on time.
•    Get a rent receipt.

You are responsible for paying your rent    • keep a record of the payment for
on time. You must continue paying it          12 months. If you request a copy
until the tenancy ends.                       within that time, they must provide
                                              you with a copy of the record within
                                              five business days.
    Remember:
    If any rental payments are              The landlord can be fined if the rules on
    late or not made, you may be            providing rent receipts are not followed.
    in breach of your tenancy
    agreement. If the rent is 14 days or    A rent receipt must include:
    more behind, your landlord or agent     • your landlord or agent’s signature
    can give you a 14-day ‘Notice to        • your name
    Vacate’.                                • property address
                                            • payment date
                                            • what period the payment was for
Rent receipts
                                            • how much was paid
You are entitled to receive a receipt for   • a statement that it is a rent receipt.
each rent payment. Your landlord or
agent who receives the rent must:
• give you a receipt immediately if you
  pay in person
• give you a receipt within five business
  days if you do not pay in person but
  request a receipt

                                                                                       15
Renting a home

                                              Utilities
     Communicating with                       Water expenses
     your landlord or agent
     You and your landlord or                 If the property has its own meter, you must
     agent may need to contact                pay for:
     each other about issues such as rent     • water consumption, and
     increases, sub-letting, damage to the
                                              • (in the Melbourne metropolitan area)
     premises, or ending the tenancy.
                                                sewage disposal, unless your landlord
     You should always communicate or           has agreed to pay these charges.
     confirm important matters in writing.      This agreement must be in writing
     Your written communications should         and signed by the landlord.
     be clear, signed, and include all the
     necessary details. Keep copies for       The landlord must pay all other charges
     future reference. Consumer Affairs       related to water supply, although
     Victoria has forms available for a       different rules may apply when a tank is
     range of scenarios.                      the main source.
     See consumer.vic.gov.au/renting
                                              Other utilities
     for details.
                                              Your landlord must pay all installation and
     You can communicate with your            initial connection costs for electricity, gas
     landlord or agent via email, if they
                                              and oil supply. If there is a separate meter,
     agree. It is a good idea to get this
                                              you must pay for all other charges for these
     agreement in writing. Note that you
     must have your landlord or agent’s       amenities, unless otherwise agreed. If there is
     written agreement if you want            no separate meter, your landlord must pay.
     to email them official notices (for      Where bottled gas is provided, your
     example, about repairs, damages,
                                              landlord pays for the supply or hire of
     utilities, moving out or breaches
                                              bottles, and you pay for the gas. Your
     of duty).
                                              landlord must reimburse you:
     You can use the email templates in
     Consumer Affairs Victoria’s RentRight    • if you have paid the costs of any
     app to correctly contact your landlord     utilities for which your landlord is liable
     or agent via email, if they agree. For   • for any rates or taxes paid to a
     more information and to download           public authority that are not part of
     the app, visit consumer.vic.gov.au/        consumption charges for the service.
     rentright
                                              Read your tenancy agreement carefully
                                              and make sure you clearly understand
                                              who is responsible for paying utilities.
                                              Tenants in housing owned or subsidised by
                                              the government may be charged separately
                                              for expenses such as heating and laundry.

16
PART 2: During a tenancy

  Sustainable living tips
  Environment Victoria
  publishes The Victorian Green
  Renters’ Guide: Sustainable
  Living Tips for Renters.
  You can download a copy from
  environmentvictoria.org.au/
  rentersguide or call (03) 9341 8100.

Looking after the property
Tenants, landlords and agents have
responsibilities during a tenancy.
As a tenant you must:
• keep the premises reasonably clean
• not cause damage
• notify your landlord or agent of any
   damage as soon as possible                 • let you have peace and quiet
• ensure you and your visitors respect          in the premises
   your neighbours’ rights to privacy,        • not carry out a general inspection
   peace and comfort                            of the premises until after the end of
• ensure the property is not used for any       the first three months of continuous
   illegal purpose                              occupation. This does not apply if
• obtain consent from the landlord or           the landlord is selling the property,
   agent before installing any fixtures, or     and wishes to inspect it for valuation
   making any alterations/renovations.          purposes
                                              • follow the rules about proper
Your landlord or agent must:
                                                notice periods for ending a tenancy
• give you a copy of this guide on or
                                                > see When your landlord wants
  before the day you move in
                                                to end the tenancy on page 26 for
• ensure the rented premises are vacant
                                                details.
  and in a reasonably clean condition on
  the day you move in                         Your landlord or agent must give
• keep the premises in good repair
• ensure any replacement water
                                              you a copy of this guide on or
  appliance, fitting or fixture meets         before the day you move in.
  energy efficiency standards
• give you a key as soon as possible
  after changing any lock

                                                                                         17
Renting a home

Your privacy                                 Sharing a property
Landlords or agents who collect personal     There are generally two types of arrangement
information from you may be bound            when tenants are sharing a property.
by privacy laws, placing restrictions on
                                             Co-tenancy
how this information is passed on to
third parties. If you think your personal    In a co-tenancy, every tenant signs the
information is being misused, contact        tenancy agreement and all names appear
the Office of the Australian Information     on the bond lodgment form. Usually, the
Commissioner on 1300 36 39 92 or visit       bond amount is divided equally among all
oaic.gov.au.                                 tenants. However, each tenant is responsible
                                             for the full amount of the bond, not just
If you do not meet your                      their share.
responsibilities
Your agent or landlord can issue you with      Remember:
a ‘Breach of Duty’ notice if you do not        In a co-tenancy, any one
meet certain responsibilities. The notice      individual can be held
will ask you to rectify the problem. If        responsible for the actions of
the problem continues, your agent or           all the tenants if, for example,
landlord could ask the Victorian Civil and     rent is owing or the property has
Administrative Tribunal (VCAT) to make         been damaged.
an order.
If a landlord or agent does not              Sub-letting
meet their responsibilities                  In the case of sub-letting, one or more
You can also send your landlord or agent     existing tenants will rent out part or all of
a ‘Breach of Duty’ notice under certain      the property to other people. The tenants
circumstances if you believe they are not    who signed the initial tenancy agreement
meeting their responsibilities.              are the ‘head tenants’ and those tenants
                                             renting from them are called ‘sub-tenants’.

     Before you issue a ‘Breach              A tenant must not sub-let without the
     of Duty’ notice, it is                  landlord’s written approval. A landlord
     recommended you contact                 must give permission, unless there is
     Consumer Affairs Victoria or            a good reason to refuse. It is illegal
     a tenancy advocacy service              to charge a fee for giving permission.
     for more information.                   If you sub-let, you will become the
                                             landlord to your tenant and must
                                             take on those responsibilities.

18
PART 2: During a tenancy

If you believe your landlord is refusing       If a new tenant moves in under the
to allow you to sub-let without a good         existing tenancy:
reason, you can apply to the Victorian Civil
                                               • you must get your landlord’s written
and Administrative Tribunal (VCAT) for a
                                                 permission to assign the tenancy
ruling. If you are living in public housing,
                                                 agreement to someone else
your landlord is generally allowed to refuse
                                               • the landlord or agent and the
permission for you to sub-let.
                                                 incoming, outgoing and any
                                                 continuing tenant must complete and
  Remember:                                      sign a ‘Tenant Transfer’ form to change
  You must get your landlord’s                   ownership of the bond
  written permission before                    • they should not pay the bond directly
  sub-letting any part of the                    to any other tenant without signing a
  property. It is a good idea to seek            ‘Tenant Transfer’ form
  advice when considering sub-letting
                                               • you must send the form to the RTBA
  and before finalising any agreement.
                                                 within five days of the new tenant
                                                 moving in.
Bond                                           A fine can be imposed for not sending
If your landlord gives permission for you      a transfer form to the RTBA.
to sub-let and you take a bond from a
sub-tenant, you must lodge the bond
                                                 If you are living in a
with the Residential Tenancies Bond
                                                 rooming house, please refer
Authority (RTBA) within 10 business days.        to Rooming houses: A guide
The RTBA will consider you as a landlord         for residents and operators.
for this purpose.
                                                 Copies of this guide are available
Change of landlord or tenant                     from consumer.vic.gov.au
If a new landlord or agent takes
over the property:
• the previous and new landlords/agents
  must complete and sign an ‘Agent/
  Landlord Transfer’ form and send it
  to the RTBA within five days of the
  changeover, and
• they must give you a copy of this form.

                                                                                         19
Renting a home

Repairs                                       Urgent repairs
•    Document repair requests                 If you request urgent repairs the landlord
     in writing.                              or agent must respond immediately.
                                              Urgent repairs are:
•    Keep copies of all letters, forms
     and reports for future reference.        •   a burst water service
                                              •   a blocked or broken toilet system
•    Use forms available from the             •   a serious roof leak
     Consumer Affairs Victoria website        •   a gas leak
     or the RentRight smartphone              •   a dangerous electrical fault
     app – see consumer.vic.gov.au/           •   flooding or serious flood damage
     rentright.                               •   serious storm or fire damage
                                              •   a failure or breakdown of any essential
Repairs are your landlord’s responsibility.
                                                  service or appliance provided by your
However, if you caused the damage,
                                                  landlord or agent for hot water, water,
the landlord or agent can ask you to
                                                  cooking, heating, or laundering
arrange to repair it or pay for repairs
                                              •   failure or breakdown of the gas,
they undertake.
                                                  electricity, or water supply
Tenants, landlords and agents must            •   any fault or damage in the premises
follow set procedures when dealing with           that makes the premises unsafe or
urgent and non-urgent repairs. You must           insecure
continue to pay rent even while waiting       •   an appliance, fitting or fixture that
for repairs.                                      is not working properly and causes
However, if the matter has gone to the            a substantial amount of water to be
Victorian Civil and Administrative Tribunal       wasted
(VCAT), you can apply for the rent to be      •   a serious fault in a lift or staircase.
paid into VCAT’s Rent Special Account
until the issue is resolved.

20
PART 2: During a tenancy

                                            Non-urgent repairs
Steps you can take
to have an urgent
                                            •   Write to your landlord or
item repaired                                   agent telling them what
Contact your landlord or                        needs to be repaired.
agent using the emergency telephone
number they provided at the start of
                                            •   You may use Consumer Affairs
your tenancy. The landlord or agent             Victoria’s ‘Notice to Landlord
must respond without delay. If a repair         of Rented Premises’ form.
is urgent and you are not getting a
                                            If you give your landlord or agent a list
prompt response from your landlord or
agent, you can authorise the repair for     of repairs that need to be done, they have
up to $1800.                                14 days to carry them out.

You can then give your landlord or          If they do not carry out the repairs,
agent a notice asking that they pay         contact Consumer Affairs Victoria.
you back for the cost of the urgent         Consumer Affairs Victoria may be able
repairs. Your landlord or agent has         to resolve the matter by talking to the
14 days to pay from the date they           landlord or agent.
receive the notice.
                                            If the matter cannot be resolved, you can
 If:
                                            send a copy of the written repairs notice
• the landlord or agent does not
                                            to Consumer Affairs Victoria and ask for
     complete the urgent repairs and
                                            a Consumer Affairs Victoria inspector
     they are going to cost more than
     $1800, or                              to visit the property. The inspector can
• you cannot afford to pay for them,        report on whether the landlord has
     or                                     breached their duty to maintain the
• the landlord refuses to reimburse         premises in good repair.
     you if you have paid for the repairs   If the repairs still have not been done
you can apply to VCAT, which will hear      after you receive the inspection report,
the application within two business         you then have 60 days to apply to VCAT
days. VCAT can order the landlord or        for a repair order.
agent to arrange the repairs.
                                            You must continue to pay rent even if
                                            your landlord or agent has not arranged
                                            for the repairs. However, if the matter
                                            has gone to VCAT, you may apply for the
                                            rent to be paid into VCAT’s Rent Special
                                            Account until the issue is resolved.

                                                                                      21
Renting a home

Gas appliance safety                           owner. If you are a tenant, make sure
Landlords/agents or owners’ responsibilities   you are satisfied that any gas appliance
                                               is operating safely. If you are concerned
Landlords/agents or owners must ensure
                                               about the safety of a gas heater, contact
that rented premises are maintained
                                               your landlord/agent or owner and ask for
in good repair. This includes ensuring
                                               it to be tested. Before you sign a lease,
that all gas appliances provided by
                                               you may consider requesting a condition/
the landlord/agent or owner, such as
                                               clause be added requiring the landlord/
heaters and stoves, are safe to use and
                                               agent or owner to undertake to have any
properly maintained. All installation and
                                               gas appliances checked and certified safe
maintenance of a gas fitting or fixture
                                               every two years.
should be done by a licensed gas fitter.
Failing to ensure gas appliances are safe      To minimise gas safety risks:
to use or properly maintained can result       • use appliances appropriately and in
in death, serious injury or considerable         accordance with the instructions
property damage. Energy Safe Victoria          • report any fault or malfunction to your
recommends gas heaters and water                 landlord/agent or owner
heaters are serviced every two years.          • immediately stop using any appliance
Gas leak danger                                  that is obviously faulty
Professional servicing of gas appliances       • allow reasonable access for gas safety
is necessary because carbon monoxide             checks
leaks are hard to detect. The poisonous        • do not illegally install, remove or
gas is tasteless, colourless and odourless.      tamper with any gas appliance.
Symptoms of carbon monoxide poisoning          The landlord/agent or owner and the
include tiredness, shortness of breath,        tenant should work together to ensure
headaches, nausea, vomiting and                that a safety check is done at agreed
dizziness. Fixing a gas leak qualifies as      intervals – which Energy Safe Victoria
an urgent repair and a landlord/agent or       recommends should be every two years.
owner must respond immediately to the          For more advice on general gas safety in
tenant’s request for repairs. If a landlord/   the home, visit esv.vic.gov.au.
agent or owner is not contactable or
does not respond immediately, you can          Smoke alarms
authorise an urgent repair of up to $1800      Smoke alarms must be installed in
and the landlord/agent or owner must           all Victorian homes, units, flats and
reimburse you.                                 townhouses. Landlords/agents or owners
                                               are responsible for fitting smoke alarms in
Tenants’ responsibilities
                                               rented properties.
Tenants also have responsibilities,
including to immediately report any gas        Hard-wired smoke alarms with a battery
appliance fault to the landlord/agent or       back-up must be installed in all buildings

22
PART 2: During a tenancy

constructed after 1 August 1997, as          • fences (especially boundary timber
well as all rooming houses. Buildings          paling fences) are in good repair and
constructed before then can have a             cannot be climbed.
battery-powered smoke alarm.
                                             Tenants or residents should:
The Metropolitan Fire Brigade
                                             • ensure all gates to the swimming pool
recommends all smoke alarms be:
                                               or spa area are closed at all times,
• tested regularly                             except when entering or leaving the
• replaced after 10 years.                     area
                                             • notify the landlord/agent or owner
Tenants or residents should:
                                               of any faults with pool or spa fences,
• not deactivate a smoke alarm or              doors or gates.
  interfere with its operation in any way
                                             If there is a fault with the fence or barrier
• notify the landlord/agent or owner if a
                                             (including a gate or door) which causes it
  smoke alarm is faulty or not in working
                                             to be unsafe, it is an urgent repair and the
  order.
                                             landlord/agent or owner must arrange for
Swimming pools and spas                      it to be fixed immediately.
If you are renting a property that has a     For more information about pool safety
pool or outdoor spa, check that the fence    requirements, visit the Victorian Building
or safety barrier is secure for you and      Authority website vba.vic.gov.au.
others who live at or visit the property
(especially children).                       Entry to the premises

All doors and gates that provide access to   What your landlord or agent can do:
a pool or spa must have self-closing and     • Your landlord or agent may enter your
self-latching devices.                         property at a date and time that you
                                               have both agreed on. However, this
The Victorian Building Authority               agreement cannot be made more than
recommends checking that:                      seven days before the entry.
• self-closing and self-latching devices     • In any other case, your landlord or
  on pool and spa doors and gates work         agent has the right to enter with 24
  properly                                     hours written notice to you, in order to:
• gates are not misused by being               –– carry out duties specified in your
  propped open                                    tenancy agreement, Residential
• there are no items that could be                Tenancies Act 1997 or any other Act
                                               –– value the property
  used to climb over the barrier within
                                               –– show prospective buyers or financial
  900mm of the gate or fence; for                 lenders through the premises
  example, tree branches, pool pumps           –– show prospective tenants through
  or pot plants                                   the premises (within 14 days of the
                                                  lease termination date)

                                                                                        23
Renting a home

     –– verify a reasonable belief that you
        have not met your duties as a tenant         Note:
     –– make one general inspection in any           You do not have to agree to
        six-month period, but not within the         a verbal request from your
        first three months of the tenancy            landlord or agent to enter the
                                                     premises.
The landlord or agent can only enter
                                                     You may request your landlord or
between 8am and 6pm, and not on                      agent provide written notice and a
public holidays. If you are home, you                reason for entering the property.
must let the landlord or agent in,
providing the appropriate notice has
been given or agreement reached not               Rent increases
more than seven days before.                      What you should know:
Your landlord or agent can enter the              • If your tenancy agreement is for a fixed
premises if you are not home, providing that        term, your landlord or agent cannot
suitable written notification has been given.       increase the rent before the end date,
However, it is recommended that you are at          unless the agreement states otherwise.
home during a landlord or agent visit.              You can negotiate this with your
                                                    landlord or agent.
The inspection notice must be hand                • Your landlord or agent cannot
delivered between 8am and 6pm or posted             increase the rent more than once
to you.                                             in any six-month period.
What landlords or agents cannot do:               • Your landlord or agent must give
                                                    you at least 60 days’ notice of any
Whether entering at an agreed time,
                                                    rent increase using the ‘Notice of
or with 24-hours notice, the landlord
                                                    Rent Increase to Tenant/s of Rented
or agent does not have the right to:
                                                    Premises’ form.
• enter in an unreasonable way                    • If your rent was $350 or less per week
• stay any longer than necessary to                 when you first moved into the property,
  do what is required, unless it is with            your landlord or agent cannot increase
  your permission.                                  the bond during any subsequent
                                                    agreement, even if the rent becomes
                                                    more than $350 per week.

     What to do if you think your rent increase is too high
     You can request a rent assessment from Consumer Affairs Victoria if you think:
     •   a rent increase is too high
     •   your rent under the tenancy agreement is excessive given that some or any of the
         services, facilities or other items have been withdrawn or reduced.
     A request for a rental assessment for excessive rent increase must be made in writing
     within 30 days of receiving a ‘Notice of Rent Increase to Tenant/s of Rented Premises’.
     You have 30 days from receiving the rent assessment report to apply to the Victorian
     Civil and Administrative Tribunal (VCAT) for a hearing. VCAT may set a maximum rent
     if the report is accepted.

24
PART 3: Ending a tenancy

PART 3:
Ending a tenancy

                                        25
Renting a home

Ending a tenancy agreement
A tenancy agreement can only be             If your landlord wants to end the
ended in accordance with the Residential    tenancy:
Tenancies Act 1997.
                                            •   They must give you a ‘Notice to
There are three main ways                       Vacate’ in the correct written form.
to end a tenancy:
1. All the parties can agree to end
                                            •   The notice must be sent to you at
   the tenancy.                                 the rented premises by registered
2. Your landlord or agent gives you a           post, or given to you in person.
   valid ‘Notice to Vacate’.                Agreeing to end a tenancy early
3. You give valid notice to your landlord
                                            • You and your landlord can agree to
   or agent that you intend to vacate.
                                              end the tenancy early.
Even if a tenancy has a fixed end date,     • It is important to put the decision
notice must be given to end it.               in writing.
                                            • This written notice should include any
If you want to end the tenancy:
                                              agreed costs, terms and conditions,
•     Advise your landlord or agent           and the date the tenancy is to end.
      in writing if you want to leave       • If you have a fixed-term agreement
      the property.                           but need to end your lease early, you
                                              should give written notice as soon as
•     Make sure you give the                  possible that you are leaving. Breaking
      appropriate notice > see Reasons        a tenancy agreement may require you
      and minimum notice periods on           to pay compensation to your landlord.
      page 30 for details.                  • Either party can apply to the Victorian
                                              Civil and Administrative Tribunal
•     Ensure that your notice is
                                              (VCAT) to end a tenancy early on the
      delivered within a suitable time.       basis of hardship > see Victorian Civil and
                                              Administrative Tribunal (VCAT) on page 42
     Remember:                                for contact details.
     Leaving and stopping rent
                                            When your landlord wants
     payments without giving the
     appropriate notice is a breach         to end the tenancy
     of the contract between you and        • They must complete and give you
     your landlord. VCAT can award            a valid ‘Notice to Vacate’ form.
     compensation to landlords for money    • The notice must be sent to you at the
     lost because of such a breach.           rented premises by registered post,
                                              or given to you in person.

26
PART 3: Ending a tenancy

Reasons and minimum notice periods
Under certain conditions, a landlord can legally end a fixed term or periodic
tenancy agreement.
Table 1 (below) shows the reasons a landlord may end a tenancy before the end of
the tenancy agreement.

Table 1: Reasons your landlord can ask you to vacate before the tenancy agreement
ends, and minimum notice required
    Reason your landlord can ask you to vacate before the tenancy                 Minimum notice
    agreement ends                                                                required1

    Damage is maliciously caused to the premises or common areas by               Immediate notice
    you or your visitor.

    You or your visitor put neighbours in danger.                                 Immediate notice

    If the premises are:                                                          Immediate notice
    • totally destroyed
    • partly destroyed and unsafe
    • unfit to live in.

    You owe at least 14 days’ rent.                                               14 days

    You have breached a VCAT compliance order or compensation order.              14 days

    You have already been given two ‘Breach of Duty’ notices and the              14 days
    same breach occurs.

    The premises are being used for illegal purposes.                             14 days

    Other tenants sub-let from you without the landlord’s consent.                14 days

    You did not pay the bond as agreed.                                           14 days

    You have a child living at the premises when the agreement does not           14 days
    allow children.

    The landlord is a government housing authority and you misled the             14 days
    authority so you could be accepted as a tenant.

    You have engaged in a drug-related activity in public housing.                14 days

1    Allow extra time when mailing. Check Calculating minimum notice periods on page 31 to calculate the extra
     time correctly.

                                                                                                           27
Renting a home

Table 2 (below) shows the reasons a landlord can end a tenancy, but not before the
end of the tenancy agreement.

Table 2: Reasons your landlord can ask you to vacate, but not before the tenancy
agreement ends, and minimum notice required
    Reason your landlord can ask you to vacate, but not before the tenancy                  Minimum
    agreement ends                                                                          notice required1

    The tenancy agreement has a fixed term or set end date and states that you              14 days
    have rented the landlord’s own home and the landlord will occupy it at the
    end of the tenancy agreement.

    The landlord is a government housing authority and you have unreasonably                30 days
    refused to seek or accept an offer of alternative accommodation.

    Planned reconstruction, repairs or renovations (for which all necessary permits         60 days2
    have been obtained) cannot be properly carried out unless you vacate.

    The premises are to be demolished and all necessary permits have                        60 days2
    been obtained.

    The landlord wants to do something else with the premises (for example,                 60 days2
    use them for a business).

    The landlord, a member of the landlord’s immediate family (including                    60 days2
    parents and parents-in-law) or a dependant (who normally lives with the
    landlord) will be moving in.

    The premises are to be sold or offered for sale with vacant possession                  60 days2
    immediately after the termination date of the tenancy agreement.

    The premises have been sold and all sale conditions have been satisfied.                60 days2

    A government authority owns the premises and needs them for public purposes.            60 days2

    It is the end of a fixed-term tenancy agreement of fewer than six months.               60 days

    It is the end of a fixed-term tenancy agreement of six months or more.                  90 days

    The landlord is a government housing authority and no longer meets                      90 days2
    its eligibility criteria.

    No specified reason, but not just because you have been exercising your                 120 days2
    rights or saying you will do so.
1    Allow extra time when mailing. Check Calculating minimum notice periods on page 31 to calculate the extra
     time correctly.
2    If your landlord gives you a ‘Notice to Vacate’ for any reason marked with note 2, you can respond by giving
     your own 14-day ‘Notice to Vacate’. However, if you are on a fixed-term lease or agreement, the end date
     on your notice cannot be before the end of the fixed term.

28
PART 3: Ending a tenancy

When you want to end the tenancy, you are advised to use the
‘Notice to Landlord of Rented Premises’ form available from
Consumer Affairs Victoria.

When you want to end the tenancy             Delivering a notice of intention to vacate
You are advised to use the ‘Notice to        can be done by:
Landlord of Rented Premises’ form            • personally delivering it to your landlord
available from Consumer Affairs Victoria.      or agent
You must give your landlord or agent         • leaving it for your landlord or agent
the correct amount of written notice.          at their residence or business with a
                                               person apparently over the age of 16
                                               and apparently living or employed
  Remember:                                    there
  In cases of severe hardship,               • giving it to an authorised officer of the
  you can apply directly to the                corporation employed at its registered
  Victorian Civil and
                                               office, if your landlord is a corporation
  Administrative Tribunal (VCAT)
                                             • posting it to your landlord or agent at
  to reduce the fixed-term tenancy.
                                               their residence or business or, if your
                                               landlord or agent is a corporation,
Your notice of intention to vacate must:       posting it to the corporation’s
                                               registered Victorian address.
• be in writing
• be signed by you or your                   It is a good idea to use registered post
  representative                             so there is proof of when and where the
• give a reason, if applicable               notice was sent.
  > see Table 3: Reasons you can give your
                                             Ending an agreement before you move in
  landlord for vacating, and minimum
  notice required on page 30                 You can end an agreement before you
• give the date you plan to leave, taking    move into the property if the property is:
  into account the amount of time            •   not vacant
  required under notice periods.             •   not in good repair
                                             •   totally destroyed
                                             •   partly destroyed and unsafe
                                             •   unfit for human habitation
                                             •   not legally available as a residence
                                             •   not available for occupation.

                                                                                         29
Renting a home

Reasons and minimum notice periods
The minimum amount of time required for giving notice depends on the reason,
as outlined in Table 3 below.
Table 3: Reasons you can give your landlord for vacating, and minimum
notice required
    Reason you can give your landlord for vacating             Minimum notice required1
    If the premises are:                                       Immediate notice
    • totally destroyed
    • partly destroyed and unsafe
    • unfit to live in.
    The landlord has breached a VCAT compliance order          14 days
    or compensation order.
    You have already given two ‘Breach of Duty’                14 days
    notices to the landlord and the breach has re-occurred.
    You require temporary crisis accommodation.                14 days, but if it is a fixed-term tenancy
                                                               agreement, the end date on the notice
                                                               cannot be before the end date of the
                                                               agreement. If you provide a date earlier
                                                               than this, you are breaking the tenancy
                                                               agreement and may be subject to fees.
    You require special or personal care.                      14 days, but if it is a fixed-term tenancy
    Special or personal care means assistance with:            agreement, the end date on the notice
    • bathing, showering or personal hygiene                   cannot be before the end date of the
    • toileting                                                agreement. If you provide a date earlier
    • dressing or undressing                                   than this, you are breaking the tenancy
    • meals                                                    agreement and may be subject to fees.
    • physical help with mobility problems
    • supervision or assistance
    • supervision in dispensing medicine, or
    • substantial emotional support in a health or
       residential service.
    You are offered public housing.                            14 days, but if it is a fixed-term tenancy
                                                               agreement, the end date on the notice
                                                               cannot be before the end date of the
                                                               agreement. If you provide a date earlier
                                                               than this, you are breaking the tenancy
                                                               agreement and may be subject to fees.
    Any other reason.                                          28 days, but if it is a fixed-term tenancy
                                                               agreement, the end date on the notice
                                                               cannot be before the end date of the
                                                               agreement. If you provide a date earlier
                                                               than this, you are breaking the tenancy
                                                               agreement and may be subject to fees.
1    Allow extra time when mailing. Check Calculating minimum notice periods on page 31 to calculate the extra
     time correctly.

30
PART 3: Ending a tenancy

Calculating minimum notice periods
Table 4 (below) shows the total number of days to allow when a notice is sent by
registered post. More days should be added for any public holidays that fall within the
postal period. If the notice is being delivered by mail to a country area, an extra two
days should be allowed for postal delivery times.

Table 4: Number of days to allow when a notice is sent by registered post,
based on day of the week it is posted
 Minimum                                  Day mail was posted
 notice period   Monday      Tuesday    Wednesday      Thursday     Friday      Saturday
 None               3            3           3               5        5             5

 14 days            18          18           18              20       20           20

 28 days            32          32           32              34       34           34

 60 days            64          64           64              66       66           66

 90 days            94          94           94              96       96           96

 120 days          124         124          124              126     126          126

Example
George is a tenant who wants to move out on the day his fixed-term tenancy ends
(Saturday, 30 May 2015). He must give his landlord 28 days’ notice. If George posts his
notice on Tuesday 28 April, that allows 32 days, as per the table above.
Table 5 (below) shows the total number of days to allow when a notice is given by hand.

Table 5: Number of days to allow when a notice is given by hand,
based on day of the week it is given
 Minimum                                          Given on
 notice period   Monday      Tuesday    Wednesday      Thursday     Friday      Saturday
 None               –            –           –                –       –             –

 14 days            16          16           16              16       16           16

 28 days            30          30           30              30       30           30

 30 days            32          32           32              32       32           32

 60 days            62          62           62              62       62           62

 90 days            92          92           92              92       92           92

 120 days          122         122          122              122     122          122

                                                                                          31
Renting a home

Example                                        You must apply to VCAT within:
Helen is a landlord who wants to move          • 60 days of receiving a 120-day
in to her rental property at the end of her      ‘no specified reason’ notice
tenant’s fixed-term lease (Monday, 31          • 28 days of receiving a 90-day notice
August 2015). She must give her tenant           to end a fixed-term agreement
60 days’ notice. If Helen delivers this        • 21 days of receiving a 60-day
notice by hand on Tuesday 30 June, that          ‘end of fixed-term’ notice
allows 62 days, as per the table above.        • 30 days of receiving any other
                                                 60‑day notice.
For more information on delivering a
notice, view the ‘Giving documents by          Asking for more time to vacate
hand or registered post’ information sheet     If you have been served with a ‘Notice to
available from the Victorian Civil and         Vacate’ but are finding it difficult to move
Administrative Tribunal (VCAT) website,        out of the property on time, you may try
or contact VCAT > see Victorian Civil and      to negotiate a solution with your landlord.
Administrative Tribunal (VCAT) on page 42
                                               You can also contact Consumer Affairs
for full contact details.
                                               Victoria or a tenancy advocacy service for
Challenging a ‘Notice to Vacate’               more information about your options.
You have the right to challenge a ‘Notice      Getting evicted
to Vacate’. You may argue against the
                                               If you have been given the appropriate
notice if it is not given properly or if you
                                               notice to vacate your rental property,
disagree with the reason given.
                                               and have not left by the end of the due
You can also challenge a ‘Notice to Vacate’    date, the landlord can seek an Order for
given for no specified reason or to end a      Possession from the Victorian Civil and
fixed-term tenancy, if you believe it was      Administrative Tribunal (VCAT).
given because you were exercising your
                                               This order may instruct you to vacate.
legal rights or saying you would do so.
                                               It may also allow the landlord to obtain
You must apply to the Victorian Civil          a Warrant for Possession, which may then
and Administrative Tribunal (VCAT)             be executed by the police to evict you.
to challenge a notice within specific
timeframes depending on the reason and
the minimum time period of the notice.           Remember:
                                                 A landlord or agent cannot
                                                 personally use force to
                                                 remove you from the
                                                 property. Only the police may carry
                                                 out an eviction, and only when they
                                                 are acting on a Warrant for Possession.

32
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