Transition to new renting laws

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The full set of new rental laws came into effect on 29 March 2021, but some laws will not apply to renters (tenants) in existing rental agreements (tenancy agreements).  

This page outlines:  

  • how the change in rental laws affects renters in an existing rental agreement entered into before 29 March 2021
  • how the change in the rental laws affect new rental agreements entered into on or after 29 March 2021 
  • which laws will not apply to renters in existing rental agreements entered into before 29 March 2021  
  • changes that come into effect later than 29 March 2021
  • how the laws will transition from the temporary renting laws established as part of the response to COVID-19
  • some further regulations introduced to aid the transition to the new renting laws.

Note: references to the new laws on this page are for the Residential Tenancies Act 1997 as amended by the Residential Tenancies Amendment Act 2018 (the Act).

Renters who are in an existing rental agreement before 29 March 2021  

Some of the new rental laws which came into effect on 29 March 2021 will not apply to renters who are already in a fixed term or periodic rental agreement before that date. A list of the changes that will not apply to existing rental agreements are outlined on this page.  

Renters who enter a new rental agreement on or after 29 March 2021 

All of the new rental laws will apply to renters who:  

  • enter a new fixed term rental agreement on or after 29 March 2021, or  
  • roll over from a fixed term rental agreement to a periodic rental agreement on or after 29 March 2021.

The only exception is for any fixed term rental agreement of less than 5 years that rolls over to a periodic agreement on or after 29 March 2021. In that circumstance, the requirements related to professional cleaning and safety related activities under Section 27C do not apply.

Changes that will not apply to renters in an existing rental agreement that commenced before 29 March 2021

Below is a categorised list of all of the new laws which will not apply to renters in an existing agreement that commenced before 29 March 2021.  

Section 26 - Rental agreements to be in the new standard form  

If a rental agreement (either a fixed-term rental agreement or a periodic agreement) is in writing, it must be written using either the updated ‘residential rental agreement of not more than 5 years’ form or the ‘residential rental agreement of more than 5 years’ form.

The requirement to use the updated standard forms will not apply to rental agreements entered into before 29 March 2021. 

For more information, download:

Section 26A - Offence to include certain terms in a rental agreement  

Certain terms are not allowed in a rental agreement and will attract a penalty if they are included. The prohibited terms listed under section 27B and include, terms that require the renter to take out insurance or terms that exempt the rental provider (landlord) or agent of liability for their actions.

The new list of terms which are not allowed in a rental agreement will not apply to rental agreements entered into before 29 March 2021.  

For more information, see our Residential rental agreements page.

Section 27 - Invalid terms in a rental agreement  

Renters and rental providers can include some additional terms in their rental agreements. However, some of these terms, depending on the type of term, might be invalid. 

The new rules regarding invalid terms in this section will not apply to rental agreements entered into before 29 March 2021.  

For more information, see our Residential rental agreements page.

Section 27A - Additional term in fixed term rental agreement for not more than 5 years  

A fixed term rental agreement of less than 5 years can include additional terms that are not in the standard rental agreement form.  

This will not apply to rental agreements entered into before 29 March 2021.  

Section 27B - General prohibited terms in rental agreements  

There are some new terms which are not allowed in a rental agreement including those that: 

  • require the renter to take out insurance,  
  • exempt the rental provider or agent from liability for their actions,  
  • force the renter to pay unpaid rent, extra rent, a penalty, or damages for breaching the terms of the rental agreement.

The new rules for terms that are not allowed in a rental agreement will not apply to rental agreements entered into before 29 March 2021.  

For more information, see our Residential rental agreements page.

Section 27C - Terms relating to professional cleaning, maintenance, and related obligations  

Professional cleaning 

There are some new terms related to professional cleaning that will be included in new rental agreements. These terms clarify the circumstances in which the renter may be expected to organise professional cleaning or pay the costs for professional cleaning of the premises.  

These new terms will not apply to:  

  • rental agreements entered into before 29 March 2021.  
  • any fixed term agreement of less than 5 years that rolls over to a periodic agreement on or after 29 March 2021.

Safety-related activities and maintenance 

There are new terms regarding safety-related activities and maintenance that must be included in new rental agreements. This term set outs certain responsibilities for both the renter and rental provider concerning safety-related activities and maintenance requirements for:  

  • electrical safety checks,  
  • gas safety checks,  
  • smoke alarms,  
  • swimming pool barriers,  
  • relocatable swimming pools,  
  • water tanks in bushfire prone areas.  

These new terms will not apply to:  

  • rental agreements entered into before 29 March 2021.  
  • any fixed term agreement of less than 5 years that rolls over to a periodic agreement on or after 29 March 2021.  

For more information, see our Keeping the property safe section.

Section 29C - Rental agreement application forms must include information about discrimination

Rental application forms are required to include a statement of information that inform people about discrimination. 

This will not apply to applications for rental agreements before 29 March 2021. 

For more information, see our Unlawful discrimination page.

Section 30A - Rental providers must not unlawfully discriminate against another person by refusing to let rented premises 

A rental provider or their agent cannot discriminate against a renter by refusing to let rented premises to a renter based on an attribute prohibited by the Equal Opportunity Act 2010 (e.g. age, disability, marital status).

This will not apply to rental agreements entered into before 29 March 2021, however the prohibition against unlawful discrimination in the Equal Opportunity Act 2010 will apply regardless. 

Section 30B - Restriction on use of personal information provided by prospective renters  

A rental provider or their agent may only use personal information disclosed in a rental application to:  

  • assess the applicant’s suitability as a renter, or  
  • comply with any other requirement of the Act.  

This will not apply before 29 March 2021. 

Section 30C - Rental provider must not request certain information from applicants  

A rental application cannot ask a potential renter to provide certain information including:  

  • if an applicant has ever had a dispute with or taken legal action against a rental provider,  
  • the history of an applicant’s bond in a previous rental premises. E.g., whether they have ever had bond deducted by a prior rental provider,  
  • bank or credit card statements that show transactions made by the applicant. The renter can remove any private transactions 
  • private information about the applicant which is protected in the Equal Opportunity Act 2010 without giving them the reason for asking in writing. This includes things like a person’s ethnicity, gender identity or disability. 

This will not apply before 29 March 2021.  

For more information, see our Unlawful discrimination page.

Section 30D - Information that rental providers must disclose before entering a rental agreement  

Before entering a rental agreement, the rental provider must disclose certain information about the premises to the renter. For example, whether:  

an agent has been engaged to sell the property or, if a contract of sale has been prepared, that there is an ongoing proposal to sell the property,  

there is action underway to enforce a mortgage over the property which means the mortgagee is acting for possession of the property,  

the rental provider is not the owner of the property, and therefore what rights they have in letting the property.  

The new information that rental providers must disclose will not apply to rental agreements entered into before 29 March 2021. 

For more information, see our Residential rental agreements page

Section 30E - Misleading or deceptive conduct prompting a person to enter a rental agreement

A private rental provider and their private agent cannot prompt someone to enter a rental agreement by behaving in a way that is misleading or deceptive. This includes making certain statements that may be false or misleading.  

This will not apply to rental agreements entered into before 29 March 2021.  

The Australian Consumer Law already prohibits commercial rental providers and real estate agents from doing this – the new laws ensure private rental providers and private agents are also covered. 

Section 30F - Rented premises must be offered for a rent at a fixed amount  

A rental provider or their agent must not advertise or offer premises unless the rent is advertised as a fixed amount. Properties cannot be advertised within a price range or as ‘price plus…’.  

A sign at or near the property can still advertise the property without stating a rent amount.  

Rental providers or their agents can accept offers of rent higher than what is advertised only if the renter makes the offer unprompted.  

This will not apply to rental agreements entered into before 29 March 2021.  

For more information, see our Fixed price advertisements and offers and ban on inviting rental bids guide.

Section 30G - Rental provider or that person's agent must not engage in false or misleading advertising of rent for rental premises  

A rental provider or their agent must not make false or misleading representations in relation to the rent payable for a premises.  

This will not apply to rental agreements entered into before 29 March 2021.  

Section 35A - Rental provider or renter may apply to Tribunal to amend inaccurate or incomplete condition report  

Within 30 days of a rental agreement commencing, the rental provider or the renter may apply to the Victorian Civil and Administrative Tribunal (VCAT) to amend a statement in condition report if it is inaccurate or incomplete. VCAT can decide whether the amendment needs to be made.

This will not apply to rental agreements entered into before 29 March 2021.  

Section 36- Condition report is evidence of state of repair  

A condition report given to a rental provider is considered to be notice of any defects or outstanding repairs as stated in the report.  

A renter may write a comment on a condition report that disagrees with a statement made in the report.  

Where the report was completed by the renter before the rental provider, the rental provider may write a comment that disagrees with a statement in the report.   

Where a renter or rental provider writes a comment disagreeing with a statement on the condition report, the statement cannot be taken as conclusive evidence of the state of repair or general condition of the premises.  

These terms will not apply to rental agreements entered into before 29 March 2021.  

Section 65A – Occupation of rented premises that do not meet the rental minimum standards  

Rental providers must make sure rental premises meet new minimum standards. These standards must be met before a renter begins occupying the property. There are 14 categories of standards that relate to things in the premises such as:  

  • toilets,  
  • door locks,  
  • heating.  

If these standards are not met on or immediately after the day that a renter begins occupying the premises, the renter may request that urgent repairs are carried out.  

There are some rental minimum standards that have been delayed for 1-2 years to give rental providers time to get the property ready. These are: 

  • From 29 March 2022:  
    • all windows in bedrooms and living areas must have coverings that can block light and provide privacy.  
  • From 29 March 2023:  
    • electrical safety switches must be installed,  
    • an energy efficient fixed heater in the main living area is required in all rented premises.  

The rental minimum standards will not apply to rental agreements entered into before 29 March 2021. 

For more information, see our Minimum standards for rental properties page.

Section 66 – Rental provider must give renter certain information  

Under the existing laws, renters must be provided with a summary of their rights and duties under the rental agreement. Previously, this had to be provided to renters in hard copy form.  

The new laws allow for this summary of information to be provided to renters electronically.  

This change to the law has already commenced. Therefore, it does not apply to rental agreements entered into before 19 June 2019.  

For more information, see our Resources and guides overview.

Section 40 – Limit on rent payable in advance  

Under the existing laws, rental providers cannot ask renters to pay rent more than one month in advance, unless the weekly rent exceeds a certain amount.

Under the new laws, that amount has changed. Rental providers can only ask for rent to be paid more than one month in advance if the weekly rent exceeds $900.

This will not apply to rental agreements entered into before 29 March 2021. 

For more information, see our Rent payments and rent in advance page.

Section 42 – Where and how rent is to be paid 

There are new requirements for the methods renters may use to make rent payments. 

This includes: 

  • banning rental providers from requiring rent to be paid by cheque, and 
  • requiring that rent is able to be paid using certain methods. 

Before a renter consents to using a certain payment method, the rental provider must give them information about any costs that may be incurred by using it. 

This will not apply to rental agreements entered into before 29 March 2021. 

For more information, see our Rent payments and rent in advance page.

Section 44 – Rent increases 

There are new requirements related to: 

  • information that must be provided in a notice of rent increase 
  • circumstances when rent may be increased during a fixed-term agreement, and 
  • circumstances that are not a fair reason for a rent increase. 

As this change to the law has already commenced, it does not apply to rental agreements entered into before 19 June 2019. 

For more information, see our Rent increases page.

Section 71A – Renter may keep a pet at rented premises with consent or VCAT order  

A renter may now keep a pet at the rented premises if:

  • the rental provider has consented to it in writing, or  
  • VCAT has made an order which allows it.  

This change to the law has already commenced and applies to renters who wish to keep a pet on the premises after 2 March 2020. 

Section 71B – Renter’s request for consent to keep pet on rented premises  

A renter must request consent from the rental provider to keep a pet on the premises by sending the request in the standard pet consent form.  

This change to the law has already commenced and applies to renters who wish to keep a pet on the premises after 2 March 2020. 

Section 71C – Rental provider must not unreasonably refuse consent to keep a pet on rented premises  

A rental provider must not unreasonably refuse consent to keep a pet on rented premises.

The rental provider must make an application to VCAT to refuse consent for a pet to be kept on the premises. If they do not make an application to VCAT within 14 days of receiving the request, the rental provider is taken to have consented to it.

This change to the law has already commenced and applies to renters who wish to keep a pet on the premises after 2 March 2020.

Section 71D – Application to refuse consent to keep a pet on rented premises or exclude a pet from rented premises  

A rental provider may apply to VCAT for an order that it is reasonable to refuse consent to keep a pet on the rented premises.  

A rental provider who reasonably believes a renter is keeping a pet on the rented premises without their consent may apply to VCAT for an order to exclude the pet from the rented premises.  

This change to the law has already commenced. Therefore, this change does not apply to rental agreements entered into before 2 March 2020 unless the renter introduces or wishes to keep a pet at the premises on or after this date.  

Section 71E – Pet-related VCAT orders  

VCAT may make an order that:  

  • the renter is allowed to keep a pet on rented premises,  
  • it is reasonable to refuse consent for a pet to be kept on rented premises,  
  • excludes a pet from the rented premises. 

There are certain things that VCAT must consider when deciding on an order relating to pets on rented premises. This includes:  

  • the type of pet,  
  • the character and nature of the premises,  
  • the character and nature of the appliances, fixtures, and fittings on the rented premises.  

Any order that excludes a pet from the rented premises must specify that the order takes effect.  

This change to the law has already commenced. Therefore, this change does not apply to rental agreements entered into before 2 March 2020 unless the renter introduces or wishes to keep a pet at the premises on or after this date.  

For more information, see our Pets page.

Section 19 – Minister of Housing may declare building to be a rooming house 

A building that contains one more self-contained apartments and is owned or leased by either the Director of Housing or a registered housing agency can be declared to be a rooming house. This can be done at the request of the Director of Housing and must be declared by the Minister of Housing though a notice published in the Government Gazette or on the internet.

This will not apply to rental agreements entered into before 29 March 2021. 

Changes beginning later than 29 March 2021 

While the new laws take effect from 29 March 2021, some changes will be phased in gradually. Below is a list of those changes which will not take effect immediately, and the dates that they will take effect. 

While these requirements do not begin until the dates listed below, they will apply to any renter who:

  • enters a new fixed term rental agreement on or after 29 March 2021, or 
  • enters a new periodic rental agreement on or after 29 March 2021
  • rolls over to a periodic rental agreement from a fixed term rental agreement on or after 29 March 2021. 

Section 27C - Terms relating to professional cleaning, maintenance, and related obligations  

An exception is in place for any fixed term agreement of less than 5 years that rolls over to a periodic agreement on or after 29 March 2021. Under these circumstances, the requirements related to professional cleaning and safety-related activities (described in detail above) will not apply.  

Section 30D – Information that rental providers must disclose to renters 

From 31 December 2021:  

  • rental providers must disclose to renters whether they have received a repair notice in the last 3 years about mould or damp in the premises caused by or related to the building structure.  

Section 65A - Rental minimum standards 

From 29 March 2022:  

  • all windows in bedrooms and living areas must have coverings that can block light and provide privacy.  

From 29 March 2023:  

  • electrical safety switches must be installed in rented premises,  
  • an energy efficient fixed heater in the main living area is required in rented premises. 

Transition from temporary renting laws for COVID-19 

Part 16 (COVID-19 temporary measures) was inserted into the Act by the COVID-19 Omnibus (Emergency Measures) Act 2020, to temporarily change the operation of the Act to respond to the COVID-19 pandemic, including by:

  • introducing an eviction moratorium 
  • prohibiting rent increases; and 
  • establishing a Residential Tenancies Dispute Resolution Scheme (RTDRS) to provide alternative dispute resolution to assist renters and rental providers resolve payment-related disputes.

The temporary changes introduced by Part 16 came into effect on 29 March 2020 and expired when Part 16 of the Act was repealed on 28 March 2021, immediately before the commencement of the new rental laws on 29 March 2021. 

The COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 (the COVID Regulations) facilitate transition out of the eviction moratorium, provide for the winding up of the RTDRS and support the commencement of the new rental laws. The COVID Regulations will ensure that a party is not disadvantaged where an action or dispute commenced prior to the repeal of Part 16 of the Act but has not yet concluded. This includes provision for VCAT to continue to determine applications in accordance with the Act as if Part 16 had not been repealed, where the eligible dispute commenced before the repeal of Part 16.

The COVID Regulations commenced on 28 March 2021 and will expire on 26 October 2021.

Below is an explanation of how the COVID Regulations will operate. 

Application for possession order where termination order made before 28 March 2021

A rental provider may apply to VCAT for a possession order supported by a termination order made before 28 March 2021 under Part 16 of the Act.

A reference to the termination date specified in the notice to vacate or notice of intention to vacate accompanying the application for a possession order is a reference to the termination date specified in the termination order.

Eligible disputes will be referred to VCAT

If an eligible dispute has not been referred to the Chief Dispute Resolution Officer (CDRO) or to VCAT under the Residential Tenancies (COVID-19 Emergency measures) Regulations 2020 before 28 March 2021, then the Director Consumer Affairs Victoria (CAV) must refer the eligible dispute to VCAT.

VCAT will deal with an eligible dispute in accordance with Part 16 of the Act, as if Part 16 had not been repealed.

Eligible disputes not resolved by alternative dispute resolution (ADR)

Where the Director CAV referred an eligible dispute to the CDRO before 28 March 2021, the CDRO must give written notice to VCAT and the parties that the dispute has not been resolved by ADR if the CDRO has:

  • not made a decision whether to accept the eligible dispute for ADR;
  • accepted the eligible dispute for ADR but has not prepared a written agreement in respect of the resolution of the eligible dispute, made a dispute resolution order, given written notice to the parties that the eligible dispute is no longer suitable for ADR, or given notice to the parties that the eligible dispute has not been resolved by ADR; or
  • decided not to accept the eligible dispute for ADR but has not given written notice of that decision to the parties.

VCAT will deal with an eligible dispute in accordance with Part 16 of the Act, as if Part 16 had not been repealed.

Amendment, cancellation or extension of dispute resolution order made before 28 March 2021

Where a dispute resolution order (order) is in force before 28 March 2021, on or after this date, a party or all of the parties referred to in the order may apply to VCAT to amend, cancel or extend the time for compliance with the order if:

  • a party or all the parties seek to amend, cancel, or extend the time for compliance with the order, or
  • a party or the all the parties requested to amend, cancel or extend the time for compliance with the order and the CDRO has not yet made a decision to amend, cancel or extend the period for compliance with the order.

The application must be made to VCAT within 60 days after the order was given to the party or within a longer period, if VCAT is satisfied that special circumstances exist.

VCAT may amend, cancel, or extend the period for compliance with the order, if there has been a substantial change in the parties’ circumstances or if satisfied that the failure or inability to comply with the order was due to factors outside the party’s control.

Breach of dispute resolution order made before 28 March 2021

Where a party thinks that an order in force before 28 March 2021 has not been complied with, the party may apply to VCAT if:

  • the party applied to the CDRO before 28 March 2021 for a written notice stating that there appears to have been a breach of the order and the CDRO has not given the notice on or before 28 March 2021; or
  • on or after 28 March 2021, a party to the order considers that the order has not been complied with (whether the non-compliance occurred before, on or after 28 March 2021).

VCAT may determine the application and make any orders it considers appropriate. In determining the application, VCAT must consider whether: 

  • the order was made by consent and the reasons for making the order, 
  • the conduct of parties since the order came into effect, and 
  • any statement from the CDRO that the party did not participate in mediation or conciliation, or did not participate in good faith.

Failure to comply with a written agreement prepared by the CDRO before 28 March 2021

If a party thinks that a written agreement prepared by the CDRO before 28 March 2021 has not been complied with, they may apply to VCAT if:

  • the CDRO has not taken any action before 28 March 2021, after receiving written notice from a party to the written agreement that the agreement has not been complied with, or
  • on or after 28 March 2021, a party to the written agreement thinks that the agreement has not been complied with (whether the non-compliance occurred before, on or after 28 March 2021).

The written agreement must have been prepared by the CDRO after the parties resolved their dispute by mediation or conciliation and the parties chose to enter into a written agreement, rather than consent to the making of an order. 

If VCAT is satisfied that the agreement has not been complied with, it may amend, extend the time for compliance, or terminate the agreement and make any orders it considers appropriate.

Renters do not have to pay compensation or lease break fees in certain circumstances 

If a renter terminates their fixed term tenancy agreement early in either of the following circumstances:

  • the renter gave a notice of intention to vacate before 28 March 2021 and vacated the rented premises before, on or after 28 March 2021 because they:
  • require special or personal care
  • are moving into public or community housing
  • require temporary crisis accommodation
  • are a specialist disability accommodation (SDA) resident and have been given a notice that the SDA provider’s registration, or enrolment of the SDA dwelling, has been revoked
  • are suffering severe hardship 
  • have been notified that the rental provider or mortgagee has applied to VCAT to terminate the tenancy
  • are experiencing family violence or personal violence and have a relevant order; or
  • VCAT made an order under section 543 of the Act reducing the term of the fixed-term tenancy agreement because of severe hardship (which includes family violence and personal violence),

the renter does not have to pay compensation to the rental provider for any loss suffered because of the early termination of the tenancy agreement or pay any lease break fees. 

Site tenants do not have to pay compensation or lease break fees in certain circumstances 

If a site tenant terminates their site agreement early in either of the following circumstances:

  • the site tenant gave a notice of intention to vacate before 28 March 2021 and vacated the site before, on or after 28 March 2021 because they:
  • require special or personal care
  • are moving into public or community housing
  • require temporary crisis accommodation
  • are suffering severe hardship
  • have been notified that the site owner or mortgagee has applied to VCAT to terminate the site agreement, or 
  • are experiencing family violence or personal violence and have a relevant order; or
  • VCAT made an order under section 576 of the Act reducing the term of the site agreement because of severe hardship (which includes family violence and personal violence),

the site tenant does not have to pay compensation to the site owner for any loss suffered because of the early termination of the site agreement or pay any lease break fees. 

No breach of duty or term if COVID-19 reason

A renter, rental provider, resident of a rooming house or caravan park, rooming house operator, caravan park owner, caravan owner, site owner, site tenant, SDA provider or SDA resident is taken not to have breached a term of an agreement or a duty provision under the Act if:

  • the breach occurred before 28 March 2021; and 
  • they were unable to comply with the term or duty provision because of a COVID 19 reason.

No listing on residential tenancy database if breach because of a COVID-19 reason

A rental provider or database operator must not list a renter on a residential tenancy database where the renter breached the rental agreement before 28 March 2021 by not paying rent because of a COVID-19 reason. 

Applications for warrants of possession where possession order made during the moratorium or subject to section 613

If:

  • an application for a possession order was made before 25 April 2020 and the possession order was made on or after 29 March 2020; or
  • a possession order was made before 29 March 2020 and section 613 of the Act applied to the possession order immediately before that section was repealed,

a rental provider, rooming house operator, caravan park or caravan owner, site owner, SDA provider or mortgagee is not entitled to obtain a warrant of possession under section 7 of the Act and a warrant of possession must not be issued in accordance with section 351 of the Act despite any direction on the possession order.

Notices to vacate for the non-payment of rent 

A notice to vacate must not be given for the non payment of rent (or for successive breaches by a site tenant of the duty to pay rent) and any notice given is of no effect if:

  • an eligible dispute is referred to VCAT by the Director CAV and the dispute is about a payment related matter; or
  • the CDRO issued a notice to the parties and VCAT that the dispute has not been resolve by ADR and on and after 28 March 2021 a payment related application is made to VCAT in respect of eligible dispute. 

Transitional regulations

Commencement of the Residential Tenancies Amendment Act 2018 (the Amendment Act) on 29 March 2021 will make over 130 amendments to the Act, requiring the making of transitional regulations - the Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021 (the Regulations). 

The Regulations clarify issues which arose from the Amendment Act. These include possession order applications made before and after 29 March 2020, and continued provision for terminations under the National Rental Affordability Scheme, where a renter ceases to be an ‘eligible tenant’.

The Regulations will commence on 29 March 2021 and expire on 19 June 2021. 

Below is an explanation of how the Regulations will operate. 

Applications for possession orders made before 29 March 2020 where application was adjourned

Where an application for a possession order (supported with one of the following notices) was made before 29 March 2020 and was adjourned:

  • in the case of rented premises – a notice to vacate under section 246 (non payment of rent),
  • in the case of a rooming house – a notice to vacate under section 281 (non payment of rent),
  • in the case of a caravan or site – a notice to vacate under section 305 (non payment of rent) or section 306 (non payment of hiring charges),
  • in the case of a Part 4A site – a notice to vacate under section 317ZB (successive breaches by a site tenant of the duty to pay rent),

if the adjourned hearing is renewed by one of the parties (between 29 March 2021 and 29 March 2023), VCAT will determine the matter in accordance with the Act that was in force at the time the original possession order application was made (i.e. prior to 29 March 2020). 

Applications for possession orders made between 29 March 2021 and 26 October 2021

Where an application for a possession order is made between 29 March 2021 and 26 October 2021 and a dispute resolution order (order) was made by the CDRO in respect of the application (either by consent of the parties or otherwise) then VCAT, in determining whether it is reasonable and proportionate to make a possession order must consider:

  • the order; and 
  • any application to amend, cancel or extend the time for compliance with the order.  

VCAT must determine any application to amend, cancel or extend the time for compliance with the order before dealing with the application for possession. 

Renter no longer meets eligibility criteria – National Rental Affordability Scheme 

From 29 March 2021 to 29 March 2022, rental providers who rent premises under the National Rental Affordability Scheme may terminate the rental agreement if the renter ceases to be eligible to rent the rental dwelling in accordance with the National Rental Affordability Scheme Regulations 2020 of the Commonwealth, by giving a notice to vacate under section 91ZZE of the Act. 

Further information 

Any further updates or clarifications on the transitional arrangements for the reforms will be provided on this web page.