Accommodation not covered by renting laws

Some types of accommodation do not count as residential rental accommodation and the Residential Tenancies Act 1997 does not apply. These include: 

• some boarding arrangements and holiday accommodation, which are considered to be a service offered under a contract and fall under the Australian Consumer Law
• commercial and retail leases, which fall under the Retail Leases Act 2003. You can read more information on the Victorian Small Business Commission’s website.

Some types of residential rental accommodation are also not covered by the Residential Tenancies Act 1997, such as rented homes that are:

• connected to premises being used for farming or grazing
• being rented under the terms of a contract of employment
• being rented due to a contract of sale or mortgage of the premises.

Accommodation that is supplied through these means falls under contract law and will be covered by the individual terms and conditions of the contract with the accommodation provider. We recommend you review the terms and conditions of this sort of contract before you sign and seek independent legal advice on your rights and obligations where you need to. You can contact the Law Institute of Victoria (LIV) for a referral to a lawyer or seek advice from a community legal centre, if eligible.

Sections of the Act

If you want to know what the law says about when the Residential Tenancies Act 1997 applies, you can read these sections of the Residential Tenancies Act 1997:

• Division 2, Subdivision 1—Application to residential rental Agreements