The Residential Tenancies Act

Navigating the rights and responsibilities of being a landlord in Victoria.

The Victorian Residential Tenancies Act

The Residential Tenancies Act 1997, along with significant reforms introduced in 2021, governs the relationship between landlords and tenants in Victoria. The Act is designed to ensure fair treatment for both parties, but it places significant responsibilities on the landlord. As an investor, you must understand your obligations regarding property maintenance, privacy, and the legal process for ending a tenancy. Failure to comply with the Act can result in fines, compensation orders at VCAT, and a breakdown in the relationship with your tenant. Being a 'good landlord' is not just about ethics; it is about protecting your financial interest in the property.

Urgent and Non-Urgent Repairs

The Act distinguishes between urgent and non-urgent repairs. Urgent repairs include things like a burst water service, a blocked toilet, a serious roof leak, or a failure of the heating or cooling system. Landlords must respond to urgent repairs immediately. If you do not, the tenant can authorize repairs up to a specified dollar amount (check Consumer Affairs Victoria for the current limit) and you must reimburse them. Non-urgent repairs must be completed within fourteen days of a written request. Ignoring maintenance not only breaches the law but can also lead to more expensive structural damage over time.

Tenants have a right to 'quiet enjoyment' of the property. This means you or your agent cannot enter the property whenever you like. You must provide the correct written notice, usually at least twenty-four or forty-eight hours depending on the reason, and entry is only permitted for specific purposes such as routine inspections, showing the property to prospective buyers, or performing repairs. Routine inspections can only be conducted every six months, and the first one cannot take place until the tenant has been in the property for three months. Respecting these boundaries helps maintain a positive and long term tenancy.

Pet Ownership and Modifications

Under current Victorian law, tenants have the right to keep pets with the landlord's consent, and a landlord cannot unreasonably refuse. If you wish to refuse, you must apply to VCAT for an order to do so, and you must have a valid reason, such as the property being unsuitable for the specific animal. Similarly, tenants can make certain minor modifications, such as installing picture hooks or security brackets, without your consent, while other modifications require consent but cannot be unreasonably withheld. Understanding these rights reduces friction and helps you build a stable, long term rental income.

Ending a Tenancy Legally

The days of 'no-reason' notices to vacate are over in Victoria. To end a tenancy, you must have a valid reason specified in the Act, such as wanting to move into the property yourself, selling the property with vacant possession, or the tenant breaching their duties. Each reason has a specific notice period and required documentation. If a tenant refuses to leave, you must apply to VCAT for a possession order. You cannot personally evict a tenant or change the locks yourself; this is illegal and carries heavy penalties. Always use professional legal advice or an experienced property manager to handle terminations.

A successful investment is one where the landlord and tenant have a professional, respectful relationship. Providing a safe, well-maintained home attracts high-quality tenants who are more likely to stay longer, pay rent on time, and look after your asset. When a tenant feels respected, they are also more likely to alert you to minor maintenance issues before they become major problems. In the Victorian market, where tenant protections are strong, being a proactive and compliant landlord is the most effective strategy for long-term financial success and peace of mind.

• Download the 'Renting a home: a guide for tenants' from CAV
• Ensure all smoke alarm and safety checks are current
• Respond to all repair requests in writing within the legal timeframe
• Use a professional property manager to mediate and document interactions