Lesson 47: Rights of Tenants

Question 1

Tenants and Landlords

Answer 1

Tenants:
- People who pay rent to a landlord for the right to occupy a property. They have the temporary right to live in and use the property
Landlords:
- Owner of a property, house or apartment, who rent/lease it to someone else → tenant

The Residential Tenancies Act 1997 (Vic) = main legislation that regulates residential tenancies in Victoria

Question 2

Rights of Tenants

Answer 2

• End rental agreement pre-move in if min. standards X met
• ## Request landlord to make urgent repair → make property meet min. standards after move inUrgent repairs:
  • broken toilet
  • dangerous electrical fault
  • gas lea
  • water leak (ser.) or flooding
  • ## break of essential service provided by landlord (e.g. hot water system)
• Request reimbursement for urgent repair (up to $2,500)
• Request non urgent repair from landlord
• Make modifications (e.g. hooks, locks)
• Request permission of pet

Question 3

Obligations of Landlords

Answer 3

• Provide tenant w/a condition report pre move in
• Ensure property is fit to live in
• Ensure property meets min. rental standards including:
  
  • Locks, windows, toilet, bathroom, kitchen, laundry facilities, building structure, lighting, ventilation and heating
    -Respond to urgent repairs w/o delay or reimburse tenant w/in $2,500 if they paid
• Respond to non urgent request w/in 14 days
• Provide 60 days min. notice of any rent increase
• Apply to VCAT w/in 14 days of tenant pet request if they refuse
• Provide 7 days min. notice to conduct property inspections
• Give notice for end of rental agreement

Question 4

VCAT - How it resolves disputes

Answer 4

• Residential Tenancies Division → Residential Tenancies List, hears claims by tenants and landlords
  → That allege the Residential Tenancies Act 1997 (Vic) has been breached
  e.g.:
• Where tenant has failed to pay rent
• Where landlord has failed or refused to repair property

Question 5

CAV - How it resolves disputes

Answer 5

• Can assist tenants with a complant against a landlord who may be breaching the Residential Tenancies Act 1997 (Vic)
  e.g.:
• Tenant who requested a repair on their property, but repair work is not completed
• Landlord who has given notice to a tenant to vacate a property so they can move in themselves, but tenant believes this is not a genuine reason
• CAV will only assist tenants in initiating claims (NOT Landlords)