Navigating Victorian Rental Law,done properly from the start
Legal matters do not need to be overwhelming when they are handled correctly from the beginning. Our role is to ensure everything is approached properly, documented clearly, and managed in a way that protects your position.
The Law
Your Rights and Obligations,clearly explained
The Residential Tenancies Act 1997 (RTA) governs all residential rental agreements in Victoria. It has been significantly amended in recent years, most recently by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, with major changes taking effect on 25 November 2025. The pages below reflect the current law as at June 2026.
Key Legal Areas
What Every Rental Providerneeds to understand
November 2025 Law Changes Now in EffectKey notice periods have changed under the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025. Rent increase notice is now 90 days. Notice to vacate for most reasons is now 90 days. No-fault notices to vacate at the end of a fixed term are no longer permitted. All information on this page reflects these current requirements.
Section 52 RTA 1997
Vacate Inspections: Defining "Reasonably Clean"
One of the most common disputes at the end of a tenancy revolves around the condition of the property. The Act is specific about the standard required. We manage this expectation proactively and document everything to protect your position.
"...the renter must leave the property reasonably clean and in the same condition as when the renter entered into possession of the premises, taking into account fair wear and tear."
Residential Tenancies Act 1997, s 52
"Reasonably Clean" is not "Professionally Clean": While we encourage and coordinate professional cleaning, the legal standard is relative to the property's condition at the start of the lease. We use detailed entry condition reports and high-resolution photography to objectively document the baseline from day one.
Fair Wear and Tear: This refers to deterioration that occurs through ordinary, reasonable use of a property. Examples include faded curtains, minor traffic marks on walls, or slight indentations in carpet. Fair wear and tear is the rental provider's cost of doing business and cannot be charged to the renter.
Renter Damage: This is damage that goes beyond normal use, such as impact damage, heavy staining, or holes in walls. This is the renter's responsibility. Our expertise is in clearly defining the difference and, where required, making the appropriate compensation application through the correct process.
Sections 44-48 RTA 1997
Rent Increases
Rent increases in Victoria are strictly governed. An increase that does not follow the correct process is invalid, meaning the renter is not required to pay the higher amount. Getting this right every time is non-negotiable.
Frequency: Rent can only be increased once in any 12-month period for agreements entered into on or after 19 June 2019.
Notice Required (current as at June 2026): 90 days written notice must be given before a rent increase takes effect. This increased from 60 days on 25 November 2025 under the Housing Statement Reform Act.
Prescribed Form Required: Notice must be given using the official prescribed form from Consumer Affairs Victoria (Form 5 under the Residential Tenancies Regulations 2021). A casual email, letter, or verbal notice does not count and will invalidate the increase.
Fixed Term Agreements: Rent cannot be increased during a fixed term tenancy unless the rental agreement specifically provides for an increase and states the amount or method of calculation.
Renter Challenge Rights: Renters can request a free rent assessment from Consumer Affairs Victoria and, if still disputing the increase, apply to RDRV (Rental Dispute Resolution Victoria) within 30 days of receiving the assessment. Applications for excessive rent increases can no longer be made directly to VCAT.
Section 85 RTA 1997
Entry Rights
A rental property is the renter's home. Your right to enter is legally restricted and must be exercised correctly every time. Unlawful entry is a breach of the renter's right to quiet enjoyment and can result in penalties.
Reason for Entry
Minimum Notice
General inspection (routine inspection)
7 days
Repairs or other legal responsibilities
24 hours
Showing to prospective renters, buyers, or lenders
48 hours
Property valuation
7 days
Photos or videos for advertising
7 days
Reasonable belief renter has breached obligations
24 hours
Family violence VCAT proceedings
24 hours
ImportantEntry notice must be in writing, state the reason for entry, and be delivered either by post (allowing sufficient time for delivery) or personally to the renter between 8am and 6pm. Source: Consumer Affairs Victoria, updated April 2025.
Part 5 RTA 1997 as amended
Notice to Vacate
Notice to vacate rules changed significantly on 25 November 2025. Rental providers can no longer issue a notice to vacate at the end of a fixed term agreement without a valid reason. Every notice must state a valid reason as listed in the Act.
Standard Notice Period (most reasons): 90 days. This applies to the majority of notice to vacate reasons including end of fixed term, sale of property, major renovations, and owner occupation. This increased from 60 days on 25 November 2025.
No More "No-Fault" Notices: As of 25 November 2025, rental providers cannot issue a notice to vacate at the end of a fixed term without a valid reason. Every notice must specify one of the reasons listed in the Act.
14 Days Notice: Applies to serious breaches including rent arrears of 14 or more days, failure to comply with a VCAT compliance order, illegal use of the property, and unauthorised subletting.
Immediate Notice: Applies only where the renter or a visitor intentionally or recklessly causes serious damage to the property, or puts others in danger.
Prescribed Form Required: All notices to vacate must use the official Consumer Affairs Victoria form, be addressed to the renter, state the valid reason, and specify the termination date. Invalid notices can be challenged at VCAT.
Part 2A RTA 1997
Bond and Condition Reports
The bond and condition report are the two most critical documents at the start of every tenancy. Both must be handled correctly to protect your position at the end of the tenancy.
Bond Amount: The maximum bond is one month's rent. This applies regardless of the length of the tenancy or the rent amount.
RTBA Lodgement: The bond must be lodged with the Residential Tenancies Bond Authority (RTBA) within 10 business days of receipt. Failure to lodge is a breach of the Act and carries penalties.
Condition Report: A detailed ingoing condition report must be completed before or on the day the renter moves in. Two copies must be provided to the renter. The renter then has 5 business days to complete their section and return one copy.
Bond Claims: At the end of the tenancy, any bond claim must be supported by evidence comparing the outgoing condition against the ingoing condition report, allowing for fair wear and tear. Disputed claims are handled through RDRV.
Launched 23 June 2025
RDRV: Rental Dispute Resolution Victoria
The Residential Tenancies Act places strong emphasis on resolving disputes without formal litigation. RDRV, which launched on 23 June 2025 as a service administered by VCAT, is now the mandatory first step for most residential tenancy disputes.
What is RDRV? Rental Dispute Resolution Victoria is a free dispute resolution service administered by VCAT. It was introduced as part of the Victorian Government's Housing Statement reforms and handles disputes before they escalate to a formal VCAT hearing.
What It Covers: All applications for bond disputes, compensation claims, urgent and non-urgent repair disputes, and excessive rent increase challenges must now be made to RDRV. Applications for these matters can no longer be made directly to VCAT.
The Process: RDRV provides facilitated dispute resolution between the parties. If a matter cannot be resolved through RDRV, it may then proceed to a formal VCAT hearing.
Ascension's Role: We manage the entire RDRV process on your behalf, including application preparation, documentation, and representation. Your case is presented clearly and supported by evidence to secure the best possible outcome.
Formal Proceedings
VCAT vs Magistrates' Court: Where Disputes Are Heard
When a dispute cannot be resolved through RDRV or direct negotiation, formal legal proceedings may be required. The correct venue depends on the circumstances of the parties involved.
VCAT (Victorian Civil and Administrative Tribunal): This is the primary venue for residential tenancy disputes where both the rental provider and the renter reside in Victoria. VCAT handles matters including termination and possession orders, tenancy disputes that cannot be resolved through RDRV, and bond disputes referred from RDRV.
Magistrates' Court of Victoria: If either the rental provider or the renter resides in another state or territory, VCAT does not have jurisdiction and the matter must be heard in the Magistrates' Court. The decision about venue is based on the parties' residency at the time the application is lodged, not when the dispute arose.
Ascension's Role: We prepare, file, and attend all VCAT proceedings on your behalf. Our knowledge of current Victorian tenancy legislation ensures your case is presented professionally, with clear documentation and evidence. If a VCAT order requires further enforcement, we advise on the next steps and coordinate the process.
90Days notice for rent increase (from Nov 2025)
90Days standard notice to vacate (from Nov 2025)
7Days notice for routine inspection
14Days to complete non-urgent repairs
All figures sourced from Consumer Affairs Victoria and the Residential Tenancies Act 1997 as amended. Current as at June 2026.
Official References
Government Resourcesand legislation
If you would like to review the legislation and requirements directly, the following resources are available through Consumer Affairs Victoria and VCAT.
