Residential Tenancies Act 1997 (Vic)
Version No. 111
Residential Tenancies Act 1997
No. 109 of 1997
Version incorporating amendments as at
25 November 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
Division 1—Introductory provisions
1Purposes
2Commencement
3Definitions
3AObjectives of this Act
3BReferences to landlords, tenants and tenancy agreements
3CHomes Victoria may specify area to be common area for rented premises which are public housing
4Act binds the Crown
Division 2—Application of Act to residential rental agreements, rooming houses and site agreements
Subdivision 1—Application to residential rental agreements
5Application of Act to assignees and transferees
7Premises used primarily as a residence
8Premises connected to premises used for trade or business
9Principal place of residence
10Premises used for holidays
11Farming and grazing
12Contracts of employment
13Contracts of sale or mortgages
14Prescribed premises and prescribed agreements
15Certain provisions not to apply to residential rental agreements
Subdivision 2—Application to rooming houses
17Room used by operator or operator's family or employees
18Self-contained apartments
19Minister may declare building to be a rooming house
Subdivision 3—Application to residential rental agreements and rooming houses
20Hotels and motels
21Educational institutions
22Temporary crisis accommodation
23Health or residential services
Subdivision 4—Application to site agreements
23AApplication of Act to assignees and transferees
23BSite agreements exceeding 5 years
23CPart 4A site used under contract of employment
23DPart 4A site used primarily as a residence
23EPart 4A site used for holidays
23FPrescribed Part 4A sites and prescribed site agreements
23GCertain provisions not to apply to site agreements
Division 3—Exemptions by Tribunal
24Application for exemption
25Order of Tribunal
Part 2—Residential tenancies—residential rental agreements
Division 1—General requirements for residential rental agreements
26Residential rental agreements to be in standard form
26AOffence to include prohibited term in residential rental agreement
27Invalid terms
27AAdditional terms in fixed term residential rental agreements
27BProhibited terms—general
27CPrescribed terms—professional cleaning, maintenance and related obligations
28Harsh and unconscionable terms
29Copy of agreement to be made available to renter
29AResidential rental agreement signed by the renter but not by the residential rental provider
29BApplication to Tribunal to order preparation of residential rental agreement
Division 1A—Discrimination in relation to residential rental agreements
29CResidential rental agreement application forms must include prescribed information
30Renters with children
30AResidential rental provider must not unlawfully discriminate against another person by refusing to let rented premises
Division 1B—Disclosures and representations prior to entering into residential rental agreements
30ACApplication to enter residential rental agreement to be in prescribed form
30BRestriction on use of personal information provided by prospective renters
30BAResidential rental provider may request prescribed information from applicants
30CResidential rental provider must not request prescribed information from applicants
30DInformation that residential rental providers must disclose before entering residential rental agreement
30EMisleading or deceptive conduct inducing a person to enter a residential rental agreement
Division 1C—Rental auctions prohibited
30FRented premises must be offered for rent at a fixed amount
30GResidential rental provider or that person's agent must not engage in false or misleading advertising of rent for rental premises
Division 2—Bonds
31What is the maximum bond?
32Application to increase maximum amount of bond
33Tribunal may determine maximum bond
34Not more than 1 bond is payable in respect of continuous occupation
34AAdditional amount of bond proportionate with rent increase
34BRenter may apply to VCAT to vary additional amount of bond
35Condition report
35AResidential rental provider or renter may apply to Tribunal to amend inaccurate or incomplete condition report
36Condition report is evidence of state of repair
37Certain guarantees prohibited
38Maximum amount of certain guarantees
Division 3—Rents
39Accrual of rent
40Limit on rent in advance
41Rent in advance under weekly residential rental agreement
42Where and how is rent to be paid?
43Receipts for rent
44Rent increases
45Renter may complain to Director about excessive rent
46Application to Tribunal about excessive rent
47What can the Tribunal order?
48Tribunal can order refund of rent
49Renter's goods not to be taken for rent
Division 4—Other charges
50Application and holding deposits
51Certain charges prohibited
51ACertain application and rent payment fees prohibited
52Renter's liability for various utility charges
53Residential rental provider's liability for various utility charges
53AResidential rental provider's liability for excessive usage caused by faults
53BApplication to Tribunal about excessive usage charges
53AAAgreements relating to installation of solar energy system
54Residential rental provider's liability for charges for supply to non-complying appliances
54AResidential rental provider to give key or security device to renters
55Reimbursement
56Residential rental provider must not seek overpayment for utility charge
57Homes Victoria or registered housing agency may impose service charge
58Indemnity for taxes and rates
Division 5—General duties of renters and residential rental providers
59Renter must not use premises for illegal purposes
60Renter must not cause nuisance or interference
61Renter and visitor must not damage premises or common areas
62Renter must notify residential rental provider of damage
63Renter must keep and leave rented premises reasonably clean
63ARenter's safety-related duties
64Modifications to rented premises
Division 5A—General duties of residential rental providers
65Residential rental provider's duty in relation to provision of premises
65AOccupation of rented premises that do not comply with rental minimum standards
65BAdvertising of premises for rent that do not comply with rental minimum standards
66Residential rental provider must give renter certain information
67Quiet enjoyment
68Residential rental provider's duty to maintain premises
68AAResidential rental provider's duty in relation to smoke alarms
68AResidential rental provider's duty to comply with safety-related repairs and maintenance requirements
68BResidential rental provider must keep and produce records of gas and electrical safety checks
69Residential rental provider must ensure rating compliance for replacement appliances
70Locks
70ALocks for rented premises the subject of an intervention order
70BLocks for rented premises the subject of an order under section 91W(1)(b) and (1A)(b)
71Application to Tribunal to change locks without consent
Division 5B—Pets
71ARenter may keep a pet at rented premises with consent or Tribunal order
71BRenter's request for consent to keep pet on rented premises
71CResidential rental provider must not unreasonably refuse to consent to keep a pet on rented premises
71DApplication to refuse consent to keep a pet on rented premises or exclude a pet from rented premises
71ETribunal orders—pets
Division 6—Repairs and maintenance
72AARenter must report damage and breakdown of facilities to residential rental provider
72Urgent repairs
73Application to Tribunal for urgent repairs
74Application to Director to investigate need for non‑urgent repairs
75Application to Tribunal for non-urgent repairs
75AResidential rental provider may join owners corporation in application for breach of duty to maintain premises
76What can the Tribunal order?
77Payment of rent into Rent Special Account
78Residential rental provider may give renter repair notice
79Residential rental provider may do repairs and renter liable for costs
80Declaration under Housing Act 1983 that house unfit for habitation
Division 7—Assignment and sub-letting
81Assignment and sub-letting by a renter
82Renter may apply to Tribunal
83Withholding consent in certain circumstances
84Residential rental provider cannot ask for fee for giving consent
Division 8—Rights of entry
85Entry of rented premises
86Grounds for entry of rented premises
87Manner of entry
88What must be in a notice of entry?
89Renter has duty to permit entry
89AResidential rental provider may enter rented premises to produce advertising images and videos
90What if damage is caused during entry?
91What if a person exercising right of entry fails to comply with Division?
91AOffence relating to entering rented premises
Division 9—Termination of residential rental agreements
Subdivision 1—When can a residential rental agreement be terminated?
91BTermination of residential rental agreement
91CTermination by agreement
91DTermination by consent
91ETermination after notice to vacate
91FTermination by abandonment
91GTermination where premises are sub-let
91HTermination where residential rental provider not owner of premises
91ITermination by mortgagee
91JTermination by merger
91KTermination by disclaimer
91LTermination by renter before possession
91MTermination by residential rental provider before possession
91NTermination after death of sole renter
91OResidential rental agreement—cancellation of licence or failure to renew licence
91POffence to obtain possession etc. of premises
Subdivision 2—Variations or creations of residential rental agreements
91QCreation of periodic residential rental agreement
91RNew residential rental agreement created where head residential rental agreement terminated
91SApplication to Tribunal for creation of residential rental agreement
91TOrder of Tribunal to enter into residential rental agreement
91UReduction or termination of fixed term residential rental agreement because of hardship
Subdivision 3—Termination and new residential rental agreements because of family violence or personal violence
91VApplication for termination or new residential rental agreement because of family violence or personal violence
91WTribunal orders
91XTribunal may determine parties' liability under terminated residential rental agreement
91YCross-examination in a proceeding for termination or new residential rental agreement
Subdivision 3A—Termination of residential rental agreement because of coercion or deception of SDA resident
91YAApplication for termination of residential rental agreement because of coercion or deception of SDA resident
91YBTribunal orders
Subdivision 4—Notice or abandonment by renter
91ZNotice of intention to vacate
91ZANotice to have no effect in certain circumstances
91ZBReduced period of notice of intention to vacate in certain circumstances
91ZCResidential rental agreement for a fixed term of more than 5 years does not comply with standard form
91ZDPremises destroyed or unfit for habitation
91ZEFailure of residential rental provider to comply with Tribunal order
91ZFSuccessive breaches by residential rental provider
91ZGOrder of Tribunal that premises are abandoned
91ZHAbandoned premises and rent in advance
Subdivision 5—Notice by residential rental provider, owner or mortgagee
91ZIDamage
91ZJDanger
91ZKThreats and intimidation
91ZLCondition of premises
91ZMNon-payment of rent
91ZNFailure to pay bond
91ZOFailure to comply with Tribunal order
91ZPSuccessive breaches by renter
91ZQUse of premises for illegal purpose
91ZRDrug-related conduct in public housing
91ZSPrescribed indictable offences in public housing
91ZTPermitting child to reside in premises
91ZUFalse statement to housing authority
91ZVAssignment or sub-letting without consent
91ZWResidential rental provider's principal place of residence (fixed term residential rental agreement)
91ZXRepairs
91ZYDemolition
91ZZPremises to be used for business
91ZZAPremises to be occupied by residential rental provider or provider's family
91ZZBPremises to be sold
91ZZCPremises required for public purposes
91ZZERenter no longer meets eligibility criteria
91ZZEARenter no longer meets NRAS eligibility criteria
91ZZEBRenter no longer meets Victorian Affordable Housing Programs eligibility criteria
91ZZFRenter in transitional housing refuses alternative accommodation
91ZZGNotice to vacate when pet kept without consent
91ZZHProhibition on letting premises after notice
91ZZINotice to have no effect in certain circumstances
91ZZJNotice by owner
91ZZKNotice by mortgagee
91ZZLNotice to vacate given by Tribunal order under Rooming House Operators Act 2016
91ZZMNotice to vacate—refusal of licence under Rooming House Operators Act 2016
Subdivision 6—Notices under this Division
91ZZNForm of notice of intention to vacate
91ZZOForm of notice to vacate
91ZZPWhat if 2 or more notices can be served?
91ZZQHow can a notice be withdrawn?
Subdivision 7—Can a notice to vacate be challenged?
91ZZRApplication of Subdivision
91ZZSRenter may apply to Tribunal
91ZZTWhat can the Tribunal order?
91ZZURenter may challenge notice to vacate on grounds of family violence or personal violence
91ZZVWhat can the Tribunal order?
Part 3—Rooming houses—Residency rights and duties
Division 1—Residency rights
92Residency right
92AExclusive occupancy right
92BShared room right
92CNotice to resident of residency right
93Rights cannot be assigned
93AFixed term rooming house agreements
94Power to enter agreements other than fixed term rooming house agreements
94AHarsh and unconscionable terms
94ABAdditional terms for fixed term rooming house agreements
94ABAOffence to include prohibited term in fixed term rooming house agreement
94ACInvalid terms
94ADProhibited terms—general
94AEPrescribed terms—professional cleaning
94AFApplication to Tribunal to order preparation of fixed term rooming house agreement
Division 1A—Shared room rights
94BConsent required for increase in room capacity
94CNotice of increase in room capacity
94DConsent of resident to increased room capacity
Division 1B—Discrimination in relation to residency rights
94EOccupancy application forms must include prescribed information
94FRooming house operator must not unlawfully discriminate against another person by refusing occupancy
Division 1C—Disclosures and representations prior to granting residency rights
94GRestriction on use of personal information provided by prospective residents
94HRooming house operator must not request prescribed information from applicants
94IInformation that rooming house operators must disclose before occupancy commences
Division 2—Bonds
95Payment of bond
96What is the maximum bond?
97Condition report
97ARooming house operator or resident may apply to Tribunal to amend inaccurate or incomplete condition report
98Condition report is evidence of state of repair
Division 3—Rent
99Limit on rent in advance
99ARent payment
100Receipts for rent
101How much notice of rent increase is required?
102Resident may complain to Director about excessive rent
102ADirector may investigate rent without application by resident
103Application to Tribunal about excessive rent
104What can the Tribunal order?
105Payment of increased rent pending Tribunal decision
106Rent must be reduced if services are reduced
106ARent must be reduced if room capacity increased
107Resident's goods not to be taken for rent
Division 4—Other charges
108Separately metered rooms
109Schedule of services provided to be given to resident
109AHomes Victoria or registered housing agency may impose service charge on resident
Division 5—General duties of residents and rooming house operators
110Resident's use of room
111Resident must not use room for illegal purposes
112Resident's duty to pay rent
113Quiet enjoyment—resident's duty
114Resident must keep and leave room reasonably clean
114AResident must not interfere with prescribed safety device
115Resident must not make modifications without consent
116Resident must notify rooming house operator of and compensate for damage
117Resident must not keep pet without consent
118Resident must give key to rooming house operator
119Resident must observe house rules
120AARooming house operator's liability for excessive usage caused by faults
120AABApplication to Tribunal about excessive usage charges
120Rooming house operator must keep room and house in good repair
120ARooming house operator must comply with rooming house standards
121Rooming house operator must provide access
122Quiet enjoyment—rooming house operator's duty
123Security
124Provision and display of statement of rights and house rules
125Rooming house operator to give additional information
126House rules
127Duties relating to house rules
128What if house rules are thought to be unreasonable?
Division 6—Repairs
129Urgent repairs
130Application to Tribunal for urgent repairs
131Application to Director to investigate need for non‑urgent repairs
131ADirector may investigate rooming house without application by resident
132Application to Tribunal for non-urgent repairs
133What can the Tribunal order?
134Payment of rent into Rent Special Account
135Repair provisions not applicable to certain damage
Division 7—Rights of entry
136Access to room
137Grounds for entry of a room
138Manner of entry
139What must be in a notice of entry?
140Resident has duty to permit entry
141What if damage is caused during entry?
142What if a person exercising right of entry fails to comply with Division?
142AOffence relating to entering room occupied by resident
Division 8—Standards
142BStandards for rooming houses etc.
142BARecords of gas and electrical safety checks
142CRegulations for rooming houses
Division 9—Rooming House Register
142DUnregistered rooming house
142EEstablishment of Rooming House Register
142FInformation to be included in Rooming House Register
142GCompilation of information for inclusion in Rooming House Register
142HForm of Rooming House Register
142IRooming House Register—Access and amendment
142JInspection of Rooming House Register
142KRestriction on access to personal information
142KARestriction on access to address of rooming house
142LRights of review
Division 10—Termination of residency rights in rooming houses
Subdivision 1—When does a residency right end?
142MTermination after notice
142NTermination by Tribunal
142OTermination by abandonment
142PTermination if room or rooming house destroyed
142QResidency rights—cancellation of licence or failure to renew licence
142ROffences relating to interference with rights
Subdivision 2—Termination and new rooming house agreements because of family violence or personal violence
142SApplication for termination or new rooming house agreement because of family violence or personal violence
142TTribunal orders
142UTribunal may determine parties' liability under terminated agreement
142VCross-examination in a proceeding for termination or new agreement
Subdivision 3—Notice or abandonment by resident
142WNotice of intention to vacate room
142XRent payable on termination without notice
142YRent payable if room vacated early
142ZOrder of abandonment
Subdivision 4—Notice by rooming house operator or rooming house mortgagee
142ZAEnd of fixed term rooming house agreement
142ZBDamage
142ZCDanger
142ZDThreats and intimidation
142ZEDisruption
142ZFNon-payment of rent
142ZGFailure of resident to comply with Tribunal order
142ZHSuccessive breaches by resident
142ZIUse of room for illegal purpose
142ZJSale of rooming house
142ZKRepairs or demolition
142ZLProhibition on renting after notice
142ZMNotice to have no effect in certain circumstances
142ZNResident in transitional housing refuses alternative accommodation
142ZONotice by owner of building or other person who is not rooming house operator
142ZPNotice by rooming house mortgagee
142ZQNotice to vacate given by Tribunal order under Rooming House Operators Act 2016
142ZRNotice to vacate—refusal of licence under Rooming House Operators Act 2016
Subdivision 5—Notices under this Division
142ZSForm of notice of intention to vacate
142ZTForm of notice to vacate
142ZUWhat if 2 or more notices can be served?
142ZVHow can a notice be withdrawn?
Subdivision 6—Can a notice to vacate be challenged?
142ZWApplication of Subdivision
142ZXResident may apply to Tribunal
142ZYWhat can the Tribunal order?
142ZZResident may challenge notice to vacate on grounds of family violence or personal violence
142ZZAWhat can the Tribunal order?
Part 4—Caravan parks and movable dwellings—Residency rights and duties
Division 1AA—Application of Part
143AAApplication of Part to caravan parks and movable dwellings
Division 1—Residency rights
143Residency right
144Agreements
144AAProhibited terms—general
144ABProhibited terms—professional cleaning
144ACOffence to include prohibited term in agreement under section 144
144AHarsh and unconscionable terms
144BApplication to Tribunal to order preparation of agreement
145Caravan park owner to notify prospective resident of rights
Division 1A—Discrimination in relation to residency rights
145ASection 144(1) or (2) agreement application forms must include prescribed information
145BCaravan park owner or caravan owner must not unlawfully discriminate against another person by refusing to grant agreement under section 144(1) or (2)
Division 1B—Disclosures and representations prior to granting residency rights
145CRestriction on use of personal information provided by prospective residents
145DCaravan park owner or caravan owner must not request prescribed information from applicants
145EInformation that caravan park owners or caravan owners must disclose before agreement under section 144(1) or (2) commences
145FOffence to enter into certain agreements about caravan park land
Division 2—Bonds
146Payment of bond
147What is the maximum bond?
148Condition report
148ACaravan park owner, caravan owner or caravan park resident may apply to Tribunal to amend inaccurate or incomplete condition report
149Condition report is evidence of state of repair
Division 3—Rents and hiring charges
150Limit on rent or hiring charge in advance
150APayment of rent or hiring charge
151Receipts for rent or hiring charge
152How much notice is required of rent or hiring charge increase?
153Resident may complain to Director about excessive rent or hiring charge
154Application to Tribunal about excessive rent or hiring charge
155What can the Tribunal order?
156Payment of increased rent or hiring charge pending Tribunal decision
157Additional rent
158Additional hiring charge
159Rent must be reduced if services are reduced
160Resident's goods not to be taken for rent or hiring charges
Division 4—Other charges
161Supply of key
162Resident's liability for electricity, gas and water charges
163Caravan park owner's liability for electricity, gas and water charges
164Owner's responsibility for charges for supply to non-complying appliances
165Reimbursement
166Owner must not seek overpayment for utility charges
Division 5—General duties of residents, caravan park owners and caravan owners
167Resident's use of site
168Resident must not use site for illegal purposes
169Resident's duty to pay rent and hiring charge
170Quiet enjoyment—resident's duty
171Resident must keep and leave site reasonably clean
171AResident must keep caravan in good repair
171BResident must not make site or caravan modifications without consent
173Resident must notify owner of and compensate for damage
174Number of persons residing on site
175Resident must observe caravan park rules
176Caravan park owner must provide access
177Quiet enjoyment—caravan park owner's duty
178Caravan park owner must keep park etc. clean
178ACaravan park owner must maintain rented site in good repair
179Duty of caravan park owner to maintain communal areas
180Maintenance and repair of caravans
180ACaravan park owner's and caravan owner's liability for excessive usage caused by faults
180BApplication to Tribunal about excessive usage charges
181Owner must ensure appliances with an efficiency rating system installed
182Statement of rights and copy of park rules
183Statement of scale of certain charges, fees and commissions
184Owner to give additional information
185Caravan park rules
186Duties relating to caravan park rules
187What if the caravan park rules are thought to be unreasonable?
Division 6—Repairs
188Urgent repairs to caravans
188AUrgent site repairs
189Application to the Tribunal for urgent caravan repairs
189AApplication to Tribunal for urgent site repairs
190Application to Director to investigate need for non‑urgent caravan repairs
190AApplication to Director to investigate need for non‑urgent site repairs
191Application to Tribunal for non-urgent repairs
191AApplication to Tribunal for non-urgent site repairs
192What can the Tribunal order?
193Payment of rent or hiring charge into Rent Special Account
194Repair provisions not applicable to certain damage
Division 7—Transfer of rights and sale of caravans
195Transfer of residency right
196What if the caravan park owner unreasonably withholds consent to transfer?
197Owner must not charge fee for transfer of resident's rights
198Sale of caravan
Division 7A—Residents committees
198AParticipation in residents committee
198BCaravan park owner's duties to residents committees
Division 8—Rights of entry
199Entry of caravan by caravan park owner
200Entry of caravan by caravan owner
201Grounds for entry of caravan or site
202Manner of entry
203What must be in a notice of entry?
204Resident has duty to permit entry
205What if damage is caused during entry?
206What if a person exercising right of entry fails to comply with Division?
206AOffence relating to entering a site or caravan occupied by a resident
Division 9—Termination of residency rights in caravan parks
Subdivision 1—When does a residency right end?
206ABTermination after notice
206ACTermination by agreement
206ADTermination on execution of warrant
206AETermination by abandonment
206AFOffences relating to interference with rights
Subdivision 2—Termination and new residency rights in caravan parks because of family violence or personal violence
206AGApplication for termination or new agreement because of family violence or personal violence
206AHTribunal orders
206AITribunal may determine parties' liability under terminated agreement
206AJCross-examination in a proceeding for termination or new agreement
Subdivision 3—Notice of intention to vacate or abandonment by resident
206AKNotice of intention to vacate site or caravan
206ALNotice if caravan destroyed or unfit for habitation
206AMRent or hiring charge payable on termination without notice
206ANRent or hiring charge payable if site or caravan vacated early
206AOAbandonment of site or caravan
206APOrder of abandonment
Subdivision 4—Notice by caravan park owner, caravan owner or caravan mortgagee
206AQDamage
206ARDanger
206ASThreats and intimidation
206ATDisruption
206AUNon-payment of rent
206AVNon-payment of hiring charges
206AWFailure of resident to comply with Tribunal order
206AXSuccessive breaches by resident
206AYUse of site or caravan for illegal purpose
206AZSale of caravan
206AZAClosure of caravan park
206AZBOccupation by caravan owner
206AZCProhibition on hiring of caravans or renting of sites after notice
206AZDNotice under agreement with specified period of occupancy
206AZENotice of no effect
206AZF Notice by caravan park mortgagee
206AZGNotice by caravan mortgagee
Subdivision 5—Notices under this Division
206AZHForm of notice of intention to vacate
206AZI Form of notice to vacate
206AZJ What if 2 or more notices can be served?
206AZKHow can a notice be withdrawn?
Subdivision 6—Can a notice to vacate be challenged?
206AZLApplication of Subdivision
206AZMResident may apply to Tribunal
206AZNWhat can the Tribunal order?
206AZOResident may challenge notice to vacate on grounds of family violence or personal violence
206AZP What can the Tribunal order?
Part 4A—Site agreements and site–tenant owned dwellings
Division 1—General requirements for site agreements
206BRights of site tenants
206BASite tenant may request co-habitant to be site tenant under site agreement
206CPart 4A dwelling not a fixture
206DCrown land
206ESite agreements to be in prescribed form
206EASite agreements signed by the site tenant but not by the site owner
206FTerms of site agreement
206FAProhibited terms—general
206FBOffence to include prohibited term in site agreement
206GHarsh and unconscionable terms
206HMinimum terms for site agreements in new parks
206ISite agreement consideration period
206JCooling off period
206JACooling off period—Part 4A dwelling purchase agreement
Division 1A—Discrimination in relation to site agreements
206JBSite agreement application forms must include prescribed information
206JCSite owner must not unlawfully discriminate against another person by refusing to let Part 4A site
Division 1B—Disclosures and representations prior to entering into site agreements
206JDRestriction on use of personal information provided by prospective site tenants
206JESite owner must not request prescribed information from applicants
206JFInformation that site owners must disclose before entering into site agreements
206JGOffence to enter into certain agreements about Part 4A park land
Division 2—Bonds
206KWhat is the maximum bond?
206LApplication to increase maximum amount of bond
206MTribunal may determine maximum bond
206NNot more than one bond is payable in respect of continuous occupation
206OCondition report
206OASite owner or site tenant may apply to Tribunal to amend inaccurate or incomplete condition report
206PCondition report is evidence of state of repair
206QCertain guarantees prohibited
206RMaximum amount of certain guarantees
Division 3—Rents and other charges
206SRent, fees and charges under site agreements
206SARent increases in site agreements
206TLimit on rent in advance
206TARent payment
206UReceipts for rent
206VHow much notice is required of non-fixed rent increase?
206WSite tenant may complain to Director about excessive rent
206XApplication to Tribunal about excessive rent
206YWhat can the Tribunal order?
206ZPayment of increased rent pending Tribunal decision
206ZAAdditional charge
206ZBRent must be reduced if services are reduced
206ZCSite tenant's goods not to be taken for rent
Division 4—Other charges
206ZDSupply of key
206ZESite tenant's liability for electricity, gas and water charges
206ZFSite owner's liability for electricity, gas and water charges
206ZGReimbursement
206ZHSite owner must not seek overpayment for utility charges
Division 5—General duties of site tenants
206ZISite tenant's use of site
206ZJSite tenant must not use site for illegal purpose
206ZKSite tenant's duty to pay rent
206ZLQuiet enjoyment—site tenant's duty
206ZMSite tenant must keep and leave Part 4A site reasonably clean
206ZMASite tenant must keep Part 4A dwelling in good repair
206ZMBSite tenant must not make Part 4A site modifications without consent
206ZOSite tenant must notify site owner of and compensate for damage
206ZPNumber of persons residing on Part 4A site
206ZQSite tenant must observe Part 4A park rules
Division 6—General duties of site owners
206ZRSite owner must give tenant certain information
206ZSPart 4A site plans
206ZTSite owner must provide access
206ZUQuiet enjoyment—site owner's duty
206ZVSite owner must keep Part 4A park clean
206ZVASite owner must maintain and repair rented site
206ZVBSite owner's liability for excessive usage caused by faults
206ZVCApplication to Tribunal about excessive usage charges
206ZWDuty of site owner to maintain communal areas
206ZXSite owner to give additional information
Division 7—Part 4A park rules
206ZYSite owner may make Part 4A park rules
206ZZAmendment of Part 4A park rules
206ZZAWhat if the Part 4A park rules are thought to be unreasonable?
Division 7A—Repairs
206ZZAAUrgent site repairs to Part 4A sites
206ZZABApplication to Tribunal for urgent site repairs
206ZZACApplication to Director to investigate need for non-urgent site repairs
206ZZADApplication to Tribunal for non-urgent site repairs
206ZZAEWhat can the Tribunal order?
206ZZAFPayment of rent into Rent Special Account
206ZZAGRepair provisions not applicable to certain damage
Division 8—Site tenants' committees
206ZZBAAOnly one committee if park occupied by residents under Parts 4 and 4A
206ZZBParticipation in site tenants' committee
206ZZCSite owner's duties to site tenants' committees
Division 9—Assignment and sub-letting
206ZZDAssignment by a site tenant
206ZZESub-letting by a site tenant
206ZZFSite tenant may apply to Tribunal
206ZZGSite owner cannot ask for fee for giving consent
206ZZHSale of Part 4A dwelling
Division 10—Rights of entry
206ZZIEntry of Part 4A site and Part 4A dwelling by site owner
206ZZJGrounds for entry of Part 4A site
206ZZKManner of entry
206ZZLWhat must be in a notice of entry?
206ZZMSite tenant has duty to permit entry
206ZZNWhat if damage is caused during entry?
206ZZOWhat if a person exercising right of entry fails to comply with Division?
206ZZPOffence relating to entering a site occupied by a site tenant
Division 11—Termination of site agreements in Part 4A parks
Subdivision 1—When can a site agreement be terminated?
207Termination of site agreement
207ATermination by agreement
207BTermination by consent
207CTermination after notice to vacate
207DTermination by abandonment
207ETermination if Part 4A site is sub-let
207FTermination if site owner not owner of site
207GTermination by merger
207HTermination by disclaimer
207ITermination by site tenant before occupation or use
207JOffences relating to interference with rights
Subdivision 2—Variations of site agreement
207KCreation of periodic site agreement
207LReduction of fixed term agreement
Subdivision 3—Termination and new site agreements because of family violence or personal violence
207MApplication for termination or new site agreement because of family violence or personal violence
207NTribunal orders
207OTribunal may determine parties' liability under terminated agreement
207PCross-examination in a proceeding for termination or new agreement
Subdivision 4—Notice of intention to vacate or abandonment by site tenant
207QNotice of intention to vacate
207RNotice to have no effect in certain circumstances
207SReduced period of notice of intention to vacate in certain circumstances
207TFailure of site owner to comply with Tribunal order
207USuccessive breaches by site owner
207VOrder of abandonment
Subdivision 5—Notice by site owner or mortgagee
207WDamage
207XDanger
207YThreats and intimidation
207ZDisruption
207ZAFailure to comply with Tribunal order
207ZBSuccessive breaches by site tenant
207ZCUse of Part 4A site for illegal purpose
207ZDAssignment or sub-letting without consent
207ZEClosure of Part 4A park
207ZFNotice by land owner
207ZGNotice under fixed term site agreement
207ZHNotice of no effect
207ZINotice by mortgagee of Part 4A park
Subdivision 6—Notices under this Division
207ZJForm of notice of intention to vacate
207ZKForm of notice to vacate
207ZLWhat if 2 or more notices can be served?
207ZMHow can a notice be withdrawn?
Subdivision 7—Can a notice to vacate be challenged?
207ZNSite tenant may challenge notice to vacate on grounds of family violence or personal violence
207ZOWhat can the Tribunal order?
Part 5—Compensation and compliance
208Breach of duty notice
209Application for compensation or compliance order for breach of duty
209AAApplication for compensation or compliance order for breach of prescribed term in standard form residential rental agreement
209AABApplication for compensation or compliance order for cost of urgent repairs
209ATribunal must hear application urgently
210AAApplication to Tribunal for compensation order for discrimination
210Application to Tribunal for compensation order on other grounds
210AApplication to Tribunal by resident for compensation
210BApplication to Tribunal by site tenant or site owner for compensation
211Matters which may be considered by Tribunal
211AFurther matters to be considered by Tribunal
211BDirector's guidelines to be considered by Tribunal
212Orders of Tribunal
213Compensation for unpaid rent
213AACompensation for unpaid rent under site agreement
213AApplication for payment of rent arrears or hiring charge arrears from bond
213BApplication to Tribunal for loss or damage
214Can a person recover compensation under this Part as well as from a bond?
214ACompensation for loss of rent under terminated site agreement
215What powers does a court have to award compensation?
215ACompensation in relation to closure of caravan park or Part 4A park
215BTribunal may make park closure compensation order
Part 7—Regaining possession—Possession orders and warrants
Division 1—Applications for possession orders
322Application for possession order by residential rental provider
322ACommunity impact statement
323Application for possession order by rooming house operator
323AApplication for possession order by person entitled to give notice to vacate under section 142ZO
324Application for possession order by caravan park owner or caravan owner
324AApplication for possession order by site owner
325Application for possession order by mortgagee
326Time for application
329Hearing of application for possession order
330Order of Tribunal
330AWhat is reasonable and proportionate?
331Order to be dismissed or adjourned in certain circumstances
332Order not to be made in certain circumstances
332ATribunal may dismiss possession order application and make compliance order in certain circumstances
333Contents of possession order
334Effect of possession order for rented premises or Part 4A site
Division 3—Recovery of possession of rented premises where occupied without consent
344Application for possession order if premises occupied without consent
345Order of Tribunal
346What must the possession order provide?
347Notice to occupiers of premises
348Direction of Tribunal if occupier fails to appear
349Order of Tribunal if occupier appears
350Effect of this Division
Division 4—Warrants of possession
351Issue of warrant of possession
352Postponement of issue of warrant in certain cases
353Immediate issue of warrant if failure to comply during postponement
354Extension of time for warrant to be executed
355Warrant of possession
356Lapsing of possession order and lapsing or cancellation of warrant of possession
357Execution of warrant
358Offence to re-enter rooming house, site or caravan
Division 5—Sheriff's powers to remove caravans
359Removal of caravan from a caravan park
360Sheriff's powers to remove
361What happens to personal documents?
362Disposal of personal documents after 90 days
363Reclaiming documents before disposal
364Rightful owner may claim caravan and goods
365Sale of caravan and goods
366Tribunal may order compensation from Residential Tenancies Fund
Part 8—Violence on certain premises
367Definitions
368Manager may give person notice to leave—serious acts of violence
368AOffence to give notice to leave or purported notice to leave without reasonable grounds
369Offence to remain on premises if given notice to leave
370What happens if a notice to leave is given?
371How long does a suspension last?
372Offence to re-enter premises during suspension
372ASuspended resident may make arrangements for collection of personal items
373Notice to principal registrar
374Urgent applications to Tribunal
375Tribunal must hear application urgently
376What can the Tribunal order?
377Offence to allow occupation of premises pending application or hearing
377ANotice to leave prohibited if notice to vacate under section 91ZJ, 142ZC, 206AR or 207X already given
Part 9—Goods left behind by renters, residents and site tenants
Division 1—Preliminary
378Application of this Part
379Definitions
Division 2—Personal documents left behind
380What happens if personal documents are left behind?
381Disposal of personal documents after 90 days
382Reclaiming personal documents before disposal
Division 3—Goods left behind
383Application of Division
384Disposal of certain goods left behind
386What must an owner of premises do about goods left behind?
387Renters and other entitled persons may reclaim goods left behind
388Occupation fee for goods left behind
390What if a caravan owned by a resident is abandoned on site?
390AWhat if a Part 4A dwelling owned by a site tenant is abandoned on site?
391When owner of premises may sell or dispose of stored goods
392Renter may request proceeds of sale of goods
394Purchaser takes good title
Division 4—Orders of Tribunal
395What if an owner of premises refuses to store goods for more than 14 days?
395AWhat if the occupation fee is not sufficient to cover the costs of storage?
396What if goods or documents are disposed of in contravention of this Part?
397What if goods or documents are wrongfully retained?
398What if goods or documents are damaged or lost?
400What if personal documents are disposed of in accordance with section 381?
401What orders can the Tribunal make?
Part 10—Bonds and the Residential Tenancies Bond Authority
Division 1—Interpretation
404Definitions
Division 2—Payment of bonds to Residential Tenancies Bond Authority
405Bond lodgment form
406Duty to pay bond to Authority
407Receipt for bond
408Bond held on trust
409What if the residential rental provider is late in lodging the bond?
410Payment of bond into Residential Bonds Account
410APayment of bond in prescribed manner and form
410BPayment of substitute bond
Division 3—Repayment of bonds
411Claims for rental bonds
411ANotice of claim to be given to other parties
411ABMatters that may be subject of bond claim
411ACRepayment of bond where no dispute
411ADDisputed bond claims
411AERepayment of bond to other persons
411BRepayment out of Homes Victoria bonds generally
411CRefund of amount of substitute bond
413Payment to Homes Victoria
419APerson with interest in claim for bond may apply to Tribunal for bond repayment order
420Determination by Tribunal
420AOrder by Tribunal if renter victim of family violence or personal violence
420BOrder by Tribunal in circumstances of family violence or personal violence
420CTribunal may order Authority to disclose personal information of renter
420DOrder by Tribunal if renter who is SDA resident is coerced etc.
421Bond paid by Homes Victoria
422Unclaimed money
423Prohibition of claims
Division 4—General provisions relating to bonds
424Notification of assignment or transfer by residential rental provider
425Notice of assignment or transfer by renter
426Agent to produce authorisation on request
427Authority to record names
428Renter must not use bond as rent
Division 5—Residential Tenancies Bond Authority
429Establishment of Authority
430Constitution of Authority
431Functions of Authority
432Powers of Authority
433Authority subject to Minister's general direction and control
434Delegation
Division 6—Bond Accounts
435Residential Bonds Account
436Residential Bonds Investment Income Account
437Residential Tenancies Fund
438Borrowing and investment powers of Authority
439Additional amounts
Part 10A—Residential tenancy databases
439ADefinitions
439BApplication
439CNotice of usual use of database
439DNotice of listing if database used
439EListing can be made only for particular breaches by particular persons
439FFurther restriction on listing
439GEnsuring quality of listing—residential rental provider's obligation
439HEnsuring quality of listing—database operator's obligation
439IProviding copy of personal information listed
439JNotifying relevant non-parties of Tribunal order about listing
439KKeeping personal information listed
439LApplication to Tribunal for removal or amendment of listing
439MWhat can the Tribunal order?
Part 10B—Rental Non‑compliance Register
439ODefinitions
439PRental Non-compliance Register
439QForm of Rental Non-compliance Register
439RRestriction on listing personal information
439SPersonal information must not be kept on Rental Non-compliance Register for more than 3 years
439TApplication to Tribunal for removal or amendment of listing
439UWhat can the Tribunal order?
Part 11—Functions of Tribunal
Division 2—Jurisdiction of Tribunal
446Jurisdiction of Tribunal
447Limits of jurisdiction of Tribunal
448Proceedings of Tribunal not justiciable
Division 3—Who may apply to Tribunal?
452General applications to the Tribunal
Division 4—Orders of Tribunal
472General power of Tribunal to make determinations
473Powers of Tribunal where 2 or more residential rental agreements affect same premises
479Review of certain determinations and orders
480Offence to fail to comply with determination of Tribunal
481Tribunal may order agent to provide details of residential rental provider
Part 12—Administration
Division 1—Director of Consumer Affairs Victoria
486Functions of Director
486ADirector may approve documentary evidence
486BFurther functions of Director in relation to SDA dwellings
486CReferral of matter to another person or body
487Powers of Director
488Director subject to Minister's general direction and control
489Delegation by Director
490Reports of Director
Division 2—Residential Tenancies Fund
491Establishment of Residential Tenancies Fund
492Payments into the Residential Tenancies Fund
493Payments out of Residential Tenancies Fund
494Treasurer's powers and duties in relation to Residential Tenancies Fund
495Director may authorise payments for research etc.
498ADirector may authorise payment for certain legal costs
Division 3—Rent Special Account
498ABDirector to administer Rent Special Account
Division 4—Pecuniary penalties
498ACMagistrates' Court may make orders under this Division
498ADPecuniary penalties
498AEPecuniary penalties and offences
498AFIndividuals acting honestly and reasonably
498AGPreference must be given to compensation for victims
498AHCivil action for recovery of pecuniary penalties
498AIIndemnification of officers
Part 12A—Specialist disability accommodation
Division 1—Preliminary
498BDefinitions
498BAMeaning of SDA dwelling
498CWhen does Part not apply to occupation of SDA dwelling
Division 2—Provision of information and notices
498DInformation statement required to be given to SDA resident
498DAAInformation statement required to be given to person residing in SDA dwelling—residential rental agreement
498DANotice of revocation of registration or enrolment
498EExplaining notices or information given to SDA residents under this Part
498EAExplanation of Tribunal orders
Division 3—SDA residency agreements
498FAgreement for provision of SDA dwelling
498GWorking with SDA resident to establish an SDA residency agreement
498HCopy of SDA residency agreement to be made available to SDA resident
498ISDA residency agreements to be in standard form
498JContent of SDA residency agreement
498KInvalid terms
498LHarsh and unconscionable terms
Division 3A—Disclosures and representations prior to entering into SDA residency agreement
498LARestriction on use of personal information provided by applicants for SDA dwellings
498LBInformation that SDA provider must disclose before entering SDA residency agreement
498LCMisleading or deceptive conduct inducing a person to enter an SDA residency agreement
Division 4—General rights, responsibilities and duties of SDA providers and SDA residents
498MDuties of SDA provider
498NDuties of SDA resident
Division 5—Repairs and maintenance
498OApplication and definition
498PApplication to Tribunal for urgent repairs
498QApplication to Director to investigate need for non‑urgent repairs
498RApplication to Tribunal for non-urgent repairs
498SWhat can the Tribunal order?
Division 6—Rights of entry
498TPurpose of Division
498UEntry of SDA dwelling
498VGrounds for entry of SDA dwelling
498WManner of entry
498XWhat must be in a notice of entry?
498YSDA resident has duty to permit entry
498ZWhat if damage is caused during entry
Division 7—Rent
498ZARent
498ZBNotice of increase in rent
498ZCLimit on payment in advance
498ZDWhere and how is rent to be paid?
498ZEReceipts for rent
498ZFSDA resident's goods not to be taken for rent
498ZGSDA resident may complain to Director about excessive rent
498ZHDisputes relating to increase in rent
498ZIWhat can the Tribunal order on an application relating to increase in rent
498ZJTribunal must dismiss certain applications
498ZKPayment of increased amount pending Tribunal decision
Division 8—Other charges
498ZLCertain charges prohibited
498ZMSDA provider's liability for various utility charges
498ZNSDA provider must not seek overpayment for utility charge
Division 9—Compensation and compliance
498ZODefinitions
498ZPBreach of duty notice
498ZQApplication for compensation or compliance order for breach of duty
498ZRMatters to be considered by Tribunal
498ZSOrders of Tribunal
498ZTCompensation for unpaid rent
498ZUWhat powers does a court have to award compensation?
498ZVNotice of temporary relocation
Division 10—Termination and notices to vacate
498ZWTermination of SDA residency agreement
498ZWAOrder of Tribunal that premises are abandoned
498ZXNotice to vacate by SDA provider
498ZYEffect of notice to vacate
498ZZWhat if 2 or more notices can be given?
498ZZANotice of intention to vacate by SDA resident
498ZZBWithdrawal of notice
498ZZCApplication to the Tribunal for review of notice to vacate
498ZZCANotice by owner
498ZZDNotice to vacate by mortgagee
Division 11—Regaining possession—possession orders and warrants
Subdivision 1—Applications for possession orders
498ZZEApplication for possession order by SDA provider
498ZZFApplication for possession order by mortgagee
498ZZGHearing of application for possession order
498ZZHOrder of Tribunal
498ZZHAWhat is reasonable and proportionate
498ZZIOrder to be dismissed or adjourned in certain circumstances
498ZZJContents of possession order
498ZZKOrder not to be made in certain circumstances
498ZZLEffect of possession order for SDA dwelling
498ZZMWhat must the possession order provide?
498ZZNNotice to occupiers of SDA dwelling
498ZZOEffect of this Subdivision
Subdivision 2—Warrants of possession
498ZZPIssue of warrant of possession
498ZZQExtension of time for warrant to be executed
498ZZRWarrant of possession
498ZZSLapsing of possession order and lapsing or cancellation of warrant of possession
498ZZTExecution of warrant
498ZZUPostponement of issue of warrant in certain cases
498ZZVImmediate issue of warrant if failure to pay rent during postponement
Division 12—Goods left behind by SDA residents
Subdivision 1—Preliminary
498ZZWApplication of this Division
498ZZXDefinitions
Subdivision 2—Personal documents left behind
498ZZYWhat happens if personal documents are left behind?
498ZZZDisposal of personal documents after 90 days
498ZZZAReclaiming personal documents before disposal
Subdivision 3—Goods left behind
498ZZZBApplication of Subdivision
498ZZZCDisposal of certain goods left behind
498ZZZDWhat must an SDA dwelling owner do about goods left behind?
498ZZZFWhen SDA dwelling owner may sell or dispose of stored goods
498ZZZGFormer SDA resident may request proceeds of sale of goods
498ZZZIPurchaser takes good title
Subdivision 4—Orders of Tribunal
498ZZZJWhat if goods or documents are disposed of in contravention of this Division?
498ZZZKWhat if goods or documents are wrongfully retained?
498ZZZLWhat if goods or documents are damaged or lost?
498ZZZMWhat if an SDA dwelling owner refuses to store goods for more than 14 days?
498ZZZNWhat orders can the Tribunal make?
Division 13—Offences
498ZZZOOffence relating to entering SDA dwelling
498ZZZPOffence to obtain possession etc. of SDA dwelling
498ZZZPAProhibition on letting premises used for SDA dwelling after notice
498ZZZQOffence to make false or fraudulent representation—SDA residency agreement
498ZZZROffence to persuade person not to exercise rights or take proceedings
498ZZZSOffence to aid, abet, counsel or procure commission of an offence
498ZZZTCertain penalties prohibited
Part 13—General
Division 1—Offences
499Confidentiality
501Offence to make false representation—residential rental agreement or residency right
502Offence to persuade person not to exercise rights or take proceedings
503Offence to aid, abet, counsel or procure commission of offence
504Offence to give false information
505Certain penalties prohibited
505AOffences with respect to formal affiliation of premises with school or institution
505BOffence not to display notice about affiliation of premises with school or institution
Division 1A—Disclosure, use and transfer of information
505BAInterpretation
505BBProtection of renter's information from misuse, interference or loss
505BCDestruction and de-identification of renter's information
505BDDisclosure of renter's information
505BERelationship of sections 505BB, 505BC and 505BD with other privacy laws
505CDisclosure, use and transfer of information—specialist disability accommodation
Division 2—Evidence and legal proceedings
506Service of documents
507Onus of proof that Act does not apply
507AApplication of provisions of Australian Consumer Law and Fair Trading Act 2012
508Proceedings for offences
508AExtended period to prosecute certain offences
509Jurisdiction of Supreme Court, County Court and Magistrates' Court
510Application to Supreme Court, County Court or Magistrates' Court
510AParties to Tribunal proceedings
Division 2A—Infringement notices
510BDefinitions
510CPower to serve a notice
Division 2B—Public warning statements
510KPublic warning statements
Division 2C—Substantiation notices
510LDirector may require claims to be substantiated
510MExtending period for complying with substantiation notice
510NCompliance with a substantiation notice
510OFalse or misleading information
Division 3—Regulations
511Regulations
Part 14—Regulation of caravan parks and movable dwellings
Division 1—Application
512Application of this Part
513Minister may exempt caravan park from compliance with this Part
Division 2—Regulation of caravan parks and movable dwellings
514Standards regulations
515Registration regulations
515AFire safety and emergency management regulations
516Additional powers
Division 3—Application of building and planning laws
517Building provisions
518Planning provisions
Division 3A—Fire safety and emergency management procedures
518ADefinitions
518BProvision of fire fighting equipment
518CSpace around movable dwellings and adjacent structures
518DEmergency management plan and emergency procedures
518EPublic emergency warnings
518FCouncil may issue notice
Division 4—Applications and appeals
519Application by caravan park owner for exemption
520Referral of disputes by caravan park owners
521Appeals
Division 5—Enforcement
522Compliance notice
523Closure order
524Delegations
525Authorised persons
526Powers of entry and inspection
526AReport of inspection
527Proceedings for offences against this Part or the regulations
Part 15—Transitional provisions
528Definition of 2005 Act
529Number of occupants of room frozen at Royal Assent
530Rights of existing residents
531Notice to existing residents
532Transitional provisions
533Transitional provision—Consumer Legislation Amendment Act 2019—pets
534Transitional provision—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025
Schedules
Schedule 1—Transitional provisions
Schedule 1A—Pecuniary penalty provisions
Schedule 2—Transitional provisions—Disability Service Safeguards Act 2018
Schedule 3—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 111
Residential Tenancies Act 1997
No. 109 of 1997
Version incorporating amendments as at
25 November 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
Division 1—Introductory provisions
1Purposes
The main purposes of this Act are—
(a)to define the rights and duties of residential rental providers and renters of rented premises; and
(b)to define the rights and duties of rooming house operators and residents of rooming houses; and
(c)to define the rights and duties of caravan park owners, caravan owners and residents of caravan parks; and
(d)to provide for the inexpensive and quick resolution of disputes under this Act, including, but not limited to the use of ADR for RDRV proceedings under Division 5A of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998; and
(e)to provide for the establishment of the Rooming House Register; and
(f)to provide for a centralised system for the administration of bonds; and
(g)to provide for the establishment of the Residential Tenancies Bond Authority; and
(h)to provide for the regulation of caravan parks and movable dwellings; and
(i)to provide for the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings; and
(j)to define the rights and duties of SDA providers and SDA residents in respect of SDA dwellings.
2Commencement
(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day.
3Definitions
(1)In this Act—
allocation, in relation to the National Rental Affordability Scheme, has the same meaning as provided for in section 4 of the National Rental Affordability Scheme Act 2008 of the Commonwealth;
annexe means a movable dwelling that—
(a)is attached to a registrable movable dwelling or unregistrable movable dwelling; and
(b)extends the habitable area of that dwelling;
* * * * *
Authority means the Residential Tenancies Bond Authority established under this Act;
bond means—
(a)an amount paid or payable by a renter to secure the renter's performance and observance of the residential rental agreement or any of the provisions of this Act relating to the residential rental agreement; or
(b)an amount paid or payable by a resident to secure the resident's performance and observance of any agreement relating to the residency or of any of the provisions of this Act relating to the residency; or
(c)an amount paid or payable by a site tenant to secure the site tenant's performance and observance of the site agreement or any of the provisions of this Act relating to the site agreement;
breach of duty notice, except in Division 9 of Part 12A, means a notice served under section 208;
Building Appeals Board means the Building Appeals Board under the Building Act 1993;
business day means a day other than a Saturday, Sunday or public holiday;
caravan means—
(a)a movable dwelling; or
(b)an immovable dwelling situated in a caravan park—
but, except in Part 14, does not include such a dwelling occupied in pursuance of a contract of employment;
caravan park means an area of land on which movable dwellings are situated for occupation on payment of consideration, whether or not immovable dwellings are also situated there;
caravan park owner means any person who is (either wholly or partly) the owner of a business which operates a caravan park;
caravan park provisions means any provisions of this Act to the extent to which they apply to a caravan park, a resident of a caravan park, a caravan park owner, a caravan owner, a caravan park mortgagee or a caravan mortgagee, but does not include Part 14;
common area means—
(a)any area in which facilities are provided for the use of renters, residents or site tenants otherwise than as part of the rented premises, room, site or Part 4A site; and
(b)in relation to rented premises which are public housing, an area specified in a notice under section 3C;
community impact statement means a statement provided by Homes Victoria under section 322A;
condition report means—
(a)for the purposes of Part 2, a condition report provided under section 35;
(b)for the purposes of Part 3, a condition report provided under section 97;
(c)for the purposes of Part 4, a condition report provided under section 148;
(d)for the purposes of Part 4A, a condition report provided under section 206O;
Council has the same meaning as in section 3(1) of the Local Government Act 2020;
deadlock means a deadlatch with at least one cylinder;
determination in relation to the Tribunal—
(a)includes order, direction, decision or declaration; and
(b)if a determination is varied under this Act, includes that determination as varied;
Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
* * * * *
Director's guidelines means any guidelines issued by the Director under section 486;
domestic partner of a person means—
(a)a person who is in a registered relationship with the person; or
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
DSOA client means an older person—
(a)who is receiving supports under the Commonwealth Disability Support for Older Australians program or a prescribed program; and
(b)who is not an NDIS participant;
duty provision means—
(a)in relation to rented premises—
(i)section 89; or
(ii)any provision of Division 5 of Part 2, except sections 59, 62, 66 and 71; or
(iii)any provision of Division 5A of Part 2; or
(b)in relation to a rooming house—
(i)section 140; or
(ii)any provision of Division 5 of Part 3, except section 111, 126 or 128; or
(c)in relation to a caravan park—
(i)section 204; or
(ii)any provision of Division 5 of Part 4, except section 168; or
(d)in relation to a Part 4A park—
(i)section 206ZZM; or
(ii)any provision of Division 5 or Division 6 of Part 4A;
dwelling means any structure that is designed to be used for human habitation and that is capable of being so used, and includes a motor vehicle or trailer that is so designed and capable;
efficiency rating system means a system of rating the efficiency of any appliances, fixtures and fittings prescribed for the purposes of section 54(1), 69, 72(3), 129(4), 164(1), 181, 188(3), 188A(3) or 206ZZAA;
eligible resident means a resident of a caravan park who owns a dwelling affixed to a site in the caravan park other than an annexe but does not include a resident who only owns a registrable movable dwelling;
eligible site tenant means a site tenant who owns a Part 4A dwelling;
embedded electricity network means a privately owned electricity network—
(a)that serves more than one customer; and
(b)that connects to a distribution or transmission system in the national electronic grid through a parent connection point;
exclusion condition means—
(a)an exclusion condition included in a family violence safety notice under section 29 of the Family Violence Protection Act 2008; or
(b)an exclusion condition included in a family violence intervention order under section 82 of that Act; or
(c)a condition that corresponds to an exclusion condition referred to in paragraph (a) or (b), included in a recognised non-local DVO; or
(d)an exclusion condition included in a personal safety intervention order under section 67 of the Personal Safety Intervention Orders Act 2010;
exclusive occupancy right, in relation to a room or rooming house, means a residency right of a kind set out in section 92A;
facilitiesmeans—
(a)land or buildings intended for use for storage space or car parking;
(b)laundry facilities;
(c)cooking facilities;
(d)recreational areas;
(e)lifts;
(f)garbage storage and disposal facilities;
(g)bathroom, toilet and washing facilities;
(h)appliances for heating or cooling premises;
(i)communications facilities;
(j)lawns, gardens and outhouses;
(k)stairways;
(l)any area designed or set aside for common use by renters, residents or site tenants—
provided for the use of a renter, resident or site tenant otherwise than as part of the rented premises, room, site or Part 4A site;
fair wear and tear means deterioration of the condition of premises caused by—
(a)reasonable use of—
(i)the premises by a renter or a visitor; or
(ii)the SDA dwelling by an SDA resident; and
(b)natural environmental forces;
family member has the same meaning as in the Family Violence Protection Act 2008;
family violence has the same meaning as in the Family Violence Protection Act 2008;
family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;
* * * * *
family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;
fixed term residential rental agreement means a residential rental agreement for a fixed term including, in the case of a fixed term residential rental agreement for more than 5 years, any extension of that residential rental agreement exercised in accordance with a term permitting the extension of that residential rental agreement at the end of the fixed term;
fixed term rooming house agreement means an agreement under section 93A;
fixed term site agreement means a site agreement for a fixed term;
* * * * *
GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act;
guarantee includes indemnity;
health or residential service means—
(a)a residential care service, State funded residential care service, health service establishment, denominational hospital or public hospital within the meaning of the Health Services Act 1988; or
(b)premises used for a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or
(c)premises used for a residential service within the meaning of the Disability Act 2006; or
(ca)accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or
(d)premises used for a secure welfare service within the meaning of the Children, Youth and Families Act 2005; or
(e)premises where accommodation is provided by a service agency for the purpose of delivering support services by that agency to a client of that agency; or
(f)premises used for a supported residential service within the meaning of section 214 of the Social Services Regulation Act 2021—
but does not include premises used for specialist disability accommodation that is an SDA dwelling;
* * * * *
hiring charge means the amount paid by a resident to a caravan owner to occupy a caravan;
Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;
information provider means a person who carries on a business of providing information and includes—
(a)the holder of a licence granted under the Broadcasting Services Act 1992 of the Commonwealth;
(b)a person who is the provider of a broadcasting service under a class licence under that Act;
(c)the holder of a licence continued in force by section 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 of the Commonwealth;
(d)the Australian Broadcasting Corporation;
(e)the Special Broadcasting Service Corporation;
invalid in relation to an agreement or guarantee, means void;
* * * * *
law enforcement agency has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986;
movable dwelling means a dwelling that is designed to be movable, but does not include a dwelling that cannot be situated at and removed from a place within 24 hours;
national privacy principles means the principles stated in Schedule 1 to the Privacy Act 1988 of the Commonwealth;
National Rental Affordability Scheme means the scheme prescribed for the purposes of section 5 of the National Rental Affordability Scheme Act 2008 of the Commonwealth;
NDIA has the same meaning as it has in section 498B;
NDIS has the same meaning as it has in section 498B;
non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;
notice of intention to vacate means—
(a)in relation to rented premises, a notice of intention to vacate under Division 9 of Part 2;
(b)in relation to a rooming house, a notice of intention to vacate under Division 10 of Part 3;
(c)in relation to a residency right in respect of a site or a caravan in a caravan park, a notice of intention to vacate under Division 9 of Part 4;
(d)in relation to a site agreement or a Part 4A site, a notice of intention to vacate under Division 11 of Part 4A;
(e)in relation to an SDA dwelling under an SDA residency agreement, a notice of intention to vacate under section 498ZZA;
notice to vacate means—
(a)in relation to rented premises, a notice to vacate under Division 9 of Part 2;
(b)in relation to a rooming house, a notice to vacate under Division 10 of Part 3;
(c)in relation to a residency right in respect of a site or a caravan in a caravan park, a notice to vacate under Division 9 of Part 4;
(d)in relation to a site agreement or a Part 4A site, a notice to vacate under Division 11 of Part 4A;
(e)in relation to an SDA dwelling under an SDA residency agreement, a notice to vacate under section 498ZX;
NRAS eligibility criteria means the criteria for eligibility for a rental dwelling under the National Rental Affordability Scheme as provided for in the National Rental Affordability Scheme Regulations 2020 of the Commonwealth;
occupation fee means the following—
(a)a fee an owner of premises may require under section 388;
(b)a fee ordered by the Tribunal under section 401(b);
owner in relation to rented premises, means the owner in fee simple of the premises;
owners corporation has the same meaning as in section 3 of the Owners Corporations Act 2006;
park closure compensation order means an order made by the Tribunal under section 215B;
Part 4A dwelling means a dwelling fully or partially owned by a site tenant—
(a)designed, built or manufactured to be transported from one place to another for use as a residence; or
(b)any other prescribed Part 4A dwelling—
but does not include—
(c)a registrable movable dwelling; or
(d)a registrable movable dwelling with an annexe attached; or
(e)a dwelling that was previously a registrable movable dwelling but that has been modified to the extent that it no longer satisfies the definition of a registrable movable dwelling, unless it was so modified before the commencement of section 5 of the Residential Tenancies Amendment Act 2010;
Part 4A park means an area of land where—
(a)sites of land are available for occupation under a site agreement; and
(b)Part 4A dwellings may be situated on those sites; and
(c)common areas or facilities are available for the use of a person occupying a Part 4A site—
and includes a caravan park if the caravan park contains Part 4A sites;
Part 4A site means a site that is available for occupation under a site agreement;
partner of a person means the person's spouse or domestic partner;
pecuniary penalty provision means a provision set out in Schedule 1A;
periodic residential rental agreement means a residential rental agreement other than a fixed term residential rental agreement;
periodic site agreement means a site agreement other than a fixed term site agreement;
* * * * *
personal documents means—
(a)official documents; or
(b)photographs; or
(c)correspondence; or
(d)any other document which it would be reasonable to expect that a person would want to keep;
personal information, other than in Part 10A, has the same meaning as in the Privacy and Data Protection Act 2014;
personal safety intervention order has the meaning given by the Personal Safety Intervention Orders Act 2010;
personal violence means the following—
(a)prohibited behaviour within the meaning of the Personal Safety Intervention Orders Act 2010;
(b)stalking within the meaning of the Personal Safety Intervention Orders Act 2010;
pet means any animal other than an assistance dog within the meaning of the Equal Opportunity Act 2010;
police officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
principal registrar means principal registrar of the Tribunal;
prohibited term means a term referred to in section 26A(1)(a), 27B, 94AC, 94AD, 144AA, 144AB or 206FA;
proprietor, in relation to a rooming house, meansa person providing prescribed accommodation within the meaning of the Public Health and Wellbeing Act 2008, where the prescribed accommodation is a rooming house;
Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010
Assent Date: 24.8.10 Commencement Date: S. 231 on 1.7.12 s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Personal Safety Intervention Orders Act 2010, No. 53/2010 (as amended by No. 20/2011)
Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 9) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010
Assent Date: 28.9.10 Commencement Date: S. 64 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies Amendment Act 2010, No. 67/2010 (as amended by No. 36/2011)
Assent Date: 28.9.10 Commencement Date: Ss 4–75, 77–84, 90–170 on 1.9.11: Special Gazette (No. 265) 16.8.11 p. 1; ss 76, 85–89 on 31.3.12: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 19) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies Amendment (Public Housing) Act 2011, No. 18/2011
Assent Date: 31.5.11 Commencement Date: 1.6.11: s. 2 Current State: All of Act in operation
Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012
Assent Date: 3.4.12 Commencement Date: S. 94 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 items 36.1, 36.4) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1; s. 239(Sch. 6 items 36.2, 36.3, 36.5) on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 42) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies Amendment Act 2012, No. 47/2012
Assent Date: 21.8.12 Commencement Date: Ss 3–8, 9, 21, 30 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 1; ss 10–20, 22–29 on 1.5.13: Special Gazette (No. 163) 30.4.13 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012
Assent Date: 18.9.12 Commencement Date: S. 5 on 19.9.12: s. 2(1); ss 8–12 on 1.2.13: Special Gazette (No. 444) 19.12.12 p. 1; ss 3, 4, 6, 7 on 31.3.13: s. 2(2); ss 13–18 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Consumer Affairs Legislation Amendment Act 2013, No. 57/2013
Assent Date: 22.10.13 Commencement Date: Ss 13–17 on 23.10.13: s. 2(3) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Mental Health Act 2014, No. 26/2014
Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 25) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 144) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Privacy and Data Protection Act 2014, No. 60/2014
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 41) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Veterans and Other Acts Amendment Act 2015, No. 12/2015
Assent Date: 21.4.15 Commencement Date: S. 10 on 15.6.15: Special Gazette (No. 144) 9.6.15 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016
Assent Date: 16.2.16 Commencement Date: S. 18 on 20.10.16: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016
Assent Date: 10.5.16 Commencement Date: Ss 25, 26 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1; s. 24 on 30.9.16: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Rooming House Operators Act 2016, No. 26/2016
Assent Date: 10.5.16 Commencement Date: Ss 87–93 on 26.4.17: Special Gazette (No. 57) 7.3.17: p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
National Domestic Violence Order Scheme Act 2016, No. 53/2016
Assent Date: 18.10.16 Commencement Date: Ss 116–123 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
Assent Date: 29.8.17 Commencement Date: S. 91 on 30.8.17: s. 2(1) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Disability Service Safeguards Act 2018, No. 38/2018 (as amended by No. 19/2019)
Assent Date: 28.8.18 Commencement Date: Ss 293–299, 302−310 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; ss 300, 301 never proclaimed, repealed by No. 19/2019 s. 234 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies Amendment (Long-term Tenancy Agreements) Act 2018, No. 40/2018
Assent Date: 28.8.18 Commencement Date: Ss 4‒18 on 1.2.19: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021)
Assent Date: 18.9.18 Commencement Date: Ss 5(6), 123, 124, 235, 323–327 on 3.4.19: Special Gazette (No. 128) 2.4.19 p. 1; ss 34(5)(c), 53(4),
368 on 19.6.19: Special Gazette (No. 228) 12.6.19 p. 1; ss 4–5(3)(d), 5(3)(f)–(5), 6–34(5)(b), 35−53(3), 53(5)−122, 125–234, 236–322, 329–342(12), 342(15)–367, 380–386, Sch. 1 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1; s. 5(3)(e) never proclaimed, repealed by No. 19/2019 s. 237(2);
ss 387, 388 never proclaimed, repealed by
No. 19/2019 s. 239; s. 342(13)(14) never proclaimed, repealed by No. 47/2019 s. 87Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019[4]
Assent Date: 25.6.19 Commencement Date: Ss 147–212, 214 on 2.7.19: Special Gazette (No. 254) 25.6.19 p. 1; ss 213, 215−217 on 1.7.20: s. 2(4) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: 2.7.19 Commencement Date: S. 186 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Consumer Legislation Amendment Act 2019, No. 47/2019
Assent Date: 3.12.19 Commencement Date: Ss 52–54, 91–95 on 4.12.19: s. 2(1); ss 46–49 on 2.3.20: Special Gazette (No. 91) 25.2.20 p. 1; ss 55–60 on 31.8.20: s. 2(3) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 86) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
Assent Date: 24.4.20 Commencement Date: Ss 46−49 on 25.4.20: s. 2 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020, No. 25/2020
Assent Date: 22.9.20 Commencement Date: S. 10 on 23.9.20: s. 2(1) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021
Assent Date: 9.2.21 Commencement Date: Ss 83–85 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1; s. 82 on 29.3.21: Special Gazette (No. 110) 10.3.21 p. 1 Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
Assent Date: 21.9.21 Commencement Date: S. 398 on 1.7.24: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Mental Health and Wellbeing Act 2022, No. 39/2022
Assent Date: 6.9.22 Commencement Date: S. 859 on 1.9.23: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022
Assent Date: 6.9.22 Commencement Date: Ss 9–17, 60–65 on 7.9.22: s. 2(2); ss 3–7 on 20.6.23: s. 2(4) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
Assent Date: 23.5.23 Commencement Date: S. 237 on 24.5.23: s. 2(1); ss 141–232 on 1.7.24: s. 2(3) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024, No. 17/2024
Assent Date: 21.5.24 Commencement Date: Ss 5, 6 on 22.5.24: s. 2(1) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Residential Tenancies and Funerals Amendment Act 2024, No. 33/2024
Assent Date: 17.9.24 Commencement Date: S. 6 on 18.9.24: s. 2(1); ss 3–5, 7, 8 on 1.8.25: s. 2(3) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025
Assent Date: 18.3.25 Commencement Date: Ss 190, 191 on 23.6.25: Special Gazette (No. 308) 17.6.25 p. 1; ss 3–51 on 25.11.25: s. 2(2) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: S. 106(Sch. 1 item 37) on 6.8.25: s. 2(1) Current State: This information relates only to the provision/s amending the Residential Tenancies Act 1997
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 6 (repealed): The amendments proposed by section 342(3)–(5) of the Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021) (repealed) are not included in this publication due to the earlier repeal of section 6 by section 5 of the Residential Tenancies Amendment (Long-term Tenancy Agreements) Act 2018, No. 40/2018.
Section 342(3)–(5) reads as follows:
342Further consequential amendments of Division 2 of Part 1
(3)Insert the following heading to section 6 of the Principal Act—
"Residential rental agreements exceeding 5 years".
(4)In section 6(1) of the Principal Act—
(a)for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";
(b)in paragraph (b)—
(i)for "landlord" substitute "residential rental provider";
(ii)for "tenant" substitute "renter".
(5)In section 6(2) of the Principal Act—
(a)for "tenancy agreement" (wherever occurring) substitute "residential rental agreement";
(b)in paragraph (a), for "tenant" substitute "renter".
[2] Note to s. 26: The amendment proposed by section 384 of the Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021) (repealed) is not included in this publication due to the earlier substitution of the note to section 26 by section 11(8) of that Act.
Section 384 reads as follows:
384Tenancy agreements to be in standard form
In the note at the foot of section 26 of the Principal Act, for "landlord" substitute "residential rental provider".
[3] Pt 16 (Heading and ss 535−615) (repealed): The amendment proposed by section 86 of the Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021 (repealed) is not included in this publication due to the earlier repeal of Part 16 by section 615 of the Principal Act.
Section 86 read as as follows:
86Repeal of Part
In section 615 of the Residential Tenancies Act 1997, for "the day that is 6 months after its commencement" substitute "26 September 2020".
[4] Table of Amendments (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) (repealed): The amendments proposed by sections 215 and 216 of the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019 are not included in this publication because Subdivision 3 of Division 9 of Part 2 and section 91ZB were not part of this Act when sections 215 and 216 came into operation.
Sections 215 and 216 read as follows:
215New Subdivision 3A inserted in Division 9 of Part 2
After Subdivision 3 of Division 9 of Part 2 of the Residential Tenancies Act 1997 insert—
"Subdivision 3A—Termination of residential rental agreement because of coercion or deception of SDA resident
91YAApplication for termination of residential rental agreement because of coercion or deception of SDA resident
(1)An SDA resident who is a party to a residential rental agreement may apply to the Tribunal for any of the following orders on a ground specified in subsection (2)—
(a)an order terminating the existing residential rental agreement;
(b)an order—
(i)terminating the existing residential rental agreement; and
(ii)requiring the SDA provider who is a residential rental provider to enter a new residential rental agreement with the person who is an SDA resident and other persons (if any) specified in the application;
(c)if all the renters under the existing residential rental agreement are SDA residents, an order—
(i)terminating the residential rental agreement; and
(ii)requiring the SDA provider who is a residential rental provider to enter into, or establish, an SDA residency agreement with each person who is a renter under the existing residential rental agreement.
(2)The following grounds are specified for the purposes of subsection (1)—
(a)the SDA resident was coerced or deceived into entering into the residential rental agreement;
(b)the SDA resident did not receive an information statement as required under section 498D before entering into the residential rental agreement;
(c)the SDA resident was given an information statement under section 498D but did not receive an explanation of that statement under section 498E.
(3)For the purposes of a proceeding for an order under subsection (1), each of the following persons is a party to the proceeding—
(a)the SDA resident or one of the following persons who may make an application on behalf of the SDA resident—
(i)the Director;
(ii)the SDA resident's guardian (if any);
(iii)the SDA resident's administrator (if any);
(iv)the Public Advocate;
(b)the SDA provider;
(c)any other party to the existing residential rental agreement;
(d)any other person specified in the application as a party.
(4)An application under subsection (1) may be made without the consent of the SDA provider or any other party to the existing residential rental agreement.
(5)The Tribunal must hear an application under subsection (1)—
(a)within 3 business days of the application being made; or
(b)if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(6)If an application is made under subsection (1), any other action that could otherwise be taken in respect of the existing residential rental agreement is stayed until the Tribunal determines the application.
91YBTribunal orders
(1)On an application under section 91YA(1), the Tribunal may—
(a)order the dismissal of the application; or
(b)if satisfied that the SDA resident was coerced or deceived into entering a residential rental agreement or that the SDA resident did not receive an information statement under section 498D or an explanation of the information statement under section 498E—
(i)order the termination of the existing residential rental agreement; or
(ii)order the termination of the existing residential rental agreement and that the SDA provider enter into a new residential rental agreement with the SDA resident and other persons (if any) specified in the application; or
(iii)if all renters to the agreement are SDA residents, order the termination of the existing residential rental agreement and require the SDA provider to enter into or establish an SDA residency agreement with each SDA resident.
(2)If the Tribunal makes an order under subsection (1)(b), the Tribunal must specify the date on which the existing residential rental agreement terminates.
(3)For the purposes of subsection (1)(b), the Tribunal may—
(a)adjourn the application to determine a termination date in consultation with the renters party to the existing residential rental agreement; or
(b)adjourn the application to allow the parties to the agreement to enter into a new residential rental agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or
(c)if, during an adjournment the parties to the residential rental agreement are—
(i)unable to enter into a new residential rental agreement, direct the parties to enter into a new residential rental agreement on terms declared by the Tribunal; or
(ii)unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct the parties to enter into one or multiple new SDA residency agreements (as appropriate) on terms declared by the Tribunal.
(4)If the Tribunal makes an order under subsection (1)(b), having regard to any financial disadvantage suffered by the renter and regardless of any loss or damage suffered by the SDA provider, the Tribunal may—
(a)order that any bond paid by the renter under the existing residential rental agreement be paid out by the Authority to the renter and, if there is more than one renter under the existing residential rental agreement, apportion the bond to be paid out by the Authority between the renters; and
(b)revoke any compensation orders that have been issued against the renter.
(5)In determining an application under section 91YA(1), the Tribunal may take into account the Director's guidelines.".
216Reduced period of notice of intention to vacate in certain circumstances
(1)In section 91ZB(1) of the Residential Tenancies Act 1997—
(a)in paragraph (f), for "2010." substitute "2010; or";
(b)after paragraph (f) insert—
"(g)the renter, who is an SDA resident, has been given a notice under section 498DA.".
(2)After section 91ZB(3) of the Residential Tenancies Act 1997 insert—
"(3A)A renter to whom subsection (1)(g) applies may give a residential rental provider who is, or was, an SDA provider, a notice of intention to vacate a premises that is, or was, an SDA enrolled dwelling, specifying a termination date that is not less than 14 days after the date on which the notice is given.".
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