In 2021, a new rental non-compliance register is being set up to list rental providers (landlords) and agents who have not met certain obligations under the Residential Tenancies Act 1997 or who have broken the law. This includes rental providers who have been ordered by VCAT to remedy a breach or pay compensation.
This register will include rooming house operators, caravan park owners, caravan owners and site owners, and real estate agents.
Telling a rental provider they will be listed
Before a person is listed on the register, they must be given a copy of the information. They then have 14 days to object to being listed or to argue that the information is wrong.
The listing will go up without the 14-day objection period if:
- the person cannot be found
- the person’s personal information is already public in court or VCAT records.
Information in a listing
A listing includes:
- the rental provider’s name
- the business name and address of the rental provider’s agent (if they have an agent)
- the address of the rented premises
- the date of the VCAT order or the date of conviction, and the relevant sections of the Act
- any other relevant information to the VCAT order, conviction or finding of guilt.
The information for the register will be provided directly by VCAT.
Updating or removing listings
A listing must be removed from the register after three years.
A person can apply to VCAT for an order to stop the information being listed, or to update or remove information from the register.
VCAT may make an order if any of the following apply:
- the person did not have at least 14 days to object to the listing of their personal information
- the information has been in the register for more than three years
- the information listed is incorrect.
VCAT may also order that a statement be published that says the information in the register was incorrect and has been corrected.
Sections of the Act
If you want to know what the law says about the rental non-compliance register, you can read this section of the Residential Tenancies Act 1997:
- Part 10B – Rental Noncompliance register.