Victoria Rights and Obligations during Tenancy

Landlords and tenants have various rights and obligations during the tenancy agreement. These include paying for utilities, repairs and maintenance, and security.

Flatmates.com.au recommends the RentRight App from Consumer Affairs Victoria for both landlords and tenants. The app is available from the App Store and Google Play. It allows tenants and landlords to conduct a number of tasks related to their tenancy online.

What should I do if the other party breaches the Residential Tenancy Agreement?

If the other party to the tenancy breaches the agreement, you can give them a Breach of Duty notice. There are different notices for tenants and landlords. Ensure that you fill out all necessary sections and comply with the instructions on the notice.

• Breach of Duty notice to landlord - for tenants to give to a landlord who has breached the agreement
• Breach of Duty notice to tenant - for landlord to give to a tenant who has breached the agreement

Who is responsible for utility fees and other charges?

Various different charges arise during the tenancy for the premises. Generally, tenants pay for utilities like water that are separately metered for their use. Landlords pay for most other charges like land taxes and council rates.

Read more about Fees and Charges

What rights and obligations do tenants have?

Throughout the tenancy, the tenant has a number of rights owed to them by the landlord, as well as various obligations they must fulfil. For example, the tenant has the right to enjoy the rented premises without any interference by the landlord. The tenant is also under an obligation to keep the premises clean and to notify the landlord of any damage.

Read more about Tenants’ Rights and Obligations

What are the landlord’s obligations?

At the beginning of the tenancy and throughout the landlord has a number of obligations that they must fulfil. For example, the premises must be reasonably clean at the start of the tenancy and the landlord must keep the premises and any inclusions in good repair during the tenancy.

Read more about Landlord’s Obligations

When can the landlord enter the premises?

During the tenancy, the landlord may need to enter the premises for a particular reason. Importantly, landlords can only enter under a certain number of circumstances. If the tenant consents, the landlord can enter at any time. If the tenant does not consent, then the landlord can only enter for specific reasons like an emergency or to conduct repairs.

Read more about the Landlord’s Rights to Enter the Premises

Who is responsible for repairs and maintenance?

Landlords are under a general obligation to provide and maintain the premises in a good state of repair throughout the tenancy. Therefore, it is generally the landlord’s responsibility to conduct or arrange for repairs. In the case of emergency repairs, the tenant can only conduct repairs themselves if they cannot contact the landlord or their nominated repairer.

Read more about Repairs and Maintenance

When can alterations or additions be made to the premises?

Before the tenant installs any fixtures or makes any structural alterations to the premises, they must get the landlord’s consent. The landlord can only refuse to give consent if it is reasonable to do so. For example, if the proposed alteration involves structural changes to the premises.

Read more about Alterations and Additions

Who is responsible for security?

The landlord is responsible for providing and maintaining the premises at a reasonably secure standard. Each of the tenants should be given a key for the premises at no extra charge at the beginning of the premises. Generally, if the locks need to be changed by the landlord or tenant they should get the consent of the other party.

Read more about Security and Locks

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