Victoria’s rental laws for residential properties changed in March 2021.
New laws affect renting at the start of a tenancy:
- Rent bidding is banned.
- There are restrictions on what you can be asked – for example renters cannot be asked about their bond history.
- Renters must be given information about unlawful discrimination.
What Victoria’s new rental laws mean for landlords and tenants?
The new rental laws would allow tenants to be able to make small changes to a property without needing to ask their landlord. ‘No reason’ notices to vacate will be abolished while new minimum property standards to address health and safety concerns will be introduced.
How much notice does a landlord have to give to vacate in Victoria?
60-day
This means the rental provider cannot make you leave your home before the end of your fixed-term agreement. All 60-day notices to vacate must include documentary evidence from the rental provider to prove the reason in the notice to vacate is legitimate [section 91ZZO].
Do tenants have to maintain garden Vic?
As a renter, you are generally responsible for: keeping the property reasonably clean. minor maintenance tasks, such as changing standard light globes and keeping the garden tidy (unless your rental agreement states that the landlord is responsible).
Can tenants be evicted in Victoria?
A warrant of possession allows the police to evict a renter forcibly from the property. Rental providers can apply for the warrant: immediately, if the possession order allows for it, or. within six months after the date of the order, if the renter does not comply with it.
What are the new rules for landlords?
The three main aspects of the Bill are:
- The end of no-fault evictions.
- Lifetime deposits.
- The landlord database.
- Making Tax Digital.
- Certificates of guardianship.
- Pet insurance.
- No automatic right to keep a pet.
- Landlord exemption.
Do tenants have to agree to rent increase?
Your landlord can’t increase your rent during your fixed term unless you agree or your agreement allows it. If your agreement says your rent can be increased it has to say when and how it will be done. This is known as having a ‘rent review clause’.
How often should carpet be replaced in a rental Australia?
10 years
But even if no damage has occurred, age and normal wear trigger the need for replacement. The standard depreciation period of carpets in Australia is 10 years. The cost of replacing after that falls on the landlord.
What is fair wear and tear in a rental property Victoria?
Reasonable wear and tear means the reasonable use of the house by the tenant and the ordinary operation of natural forces.
Can a landlord kick you out?
During the fixed term, your landlord can only evict you for certain reasons – for example: you have not paid the rent. you’re engaging in antisocial behaviour. there’s a ‘break clause’ in your contract – this allows your landlord to take back the property before the end of the fixed term.
Do tenants need to clean gutters in Victoria?
When it comes to gutter maintenance of a rental property, the responsibility lies with the owner. Regular maintenance and clearing of the gutters is important to avoid damage which can lead to expensive repairs. ‘Gutter maintenance falls under the general upkeep and maintenance of a property.
Are tenants responsible for cutting trees?
More often than not, the lease for a rental property does not outline who is responsible for tree trimming and maintenance of a rental property. Because of this, it generally falls under the responsibility of the landlord.
Is it tenants responsibility to trim hedges?
Landlords are typically responsible for trimming, cutting back and lopping of hedges, trees, shrubs and so on throughout the duration of the tenancy. If a landlord passes any further gardening responsibility to the tenant, they should provide the gardening tools/mowing equipment they’d like them to use.
On what grounds can you be evicted?
A person may be evicted from a property if s/he is considered to be an unlawful occupier. An unlawful occupier is a person who: stays on a property without the consent of the landlord; stays on a property without having any right in law to do so; or.
How much notice do landlords have to give?
Your landlord only needs to give ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if you pay rent monthly, you’ll get one month’s notice. The notice does not have to be in writing.
Can a landlord evict you without a tenancy agreement?
Your landlord must give you a valid notice
Most private renters have assured shorthold tenancies. Your landlord could give you a section 21 notice or a section 8 notice with this type of tenancy. You’re entitled to a legal notice in writing even if you do not have a written tenancy agreement.
What are the new rules for landlords 2022?
From 1 December 2022, landlords will need to give new tenants a paper or electronic version of the occupation contract within 14 days. For existing tenancies, landlords will have six months to issue tenants with their new occupation contract.
How much notice does a landlord have to give in 2022?
4 weeks’ notice if the tenant has lived in the property for less than 10 years. 12 weeks’ notice if the tenant has lived in the property for more than 10 years.
What landlords need to know 2022?
6 Things Landlords Need to Know in 2022
- New Anti-Covid-19 Measures.
- Prepare for New Energy Efficiency Rules.
- New Rules Will Make It Harder to Ban Pets.
- Enhanced Carbon Monoxide Safety Rules.
- Extra Time to File Capital Gains Tax.
- Increasing Local Licensing Schemes.
What’s the most a landlord can increase rent?
The Tenant Protection Act of 2019 (AB 1482) restricts rent increases in any 12-month period to no more than 5% plus the percentage change in the cost of living (CPI), or 10%, whichever is lower. For increases that take effect on or after Aug. 1, 2022, due to inflation, all the applicable CPIs are 5% or greater.
What is the maximum a landlord can increase the rent by?
“The Landlord can increase the rent every twelve months. The increase is to be calculated according to the Retail Price Index, being a minimum of 3% and a maximum of 8%.