New laws help protect you as a tenant from eviction and allow you to negotiate a rent reduction with your landlord if you’re suffering financial hardship due to coronavirus (COVID-19).
The laws apply for six months from 29 March 2020. This means you can’t be evicted if you are served a notice to vacate on or after this date because you can’t pay your rent due to coronavirus (COVID-19).
These laws apply if you’re a tenant or sub-tenant:
- in a residential property
- living in a rooming house
- in social housing
- under a site agreement at a caravan park, or
- in specialist disability accommodation.
Information about reduced rent agreements
See the new process for negotiating a reduced rental agreement.
How long will my new rent be frozen for? How much can the landlord raise the rent by after that time?
The laws are in effect for six months from 29 March 2020. Your landlord cannot increase the rent during that time. They can increase the rent after that time, but only within the terms of your lease agreement and the Residential Tenancies Act. If your landlord issues you with a Notice of rent increase after this time and you think that an increase is not reasonable, you can apply to us for a rent assessment.
What if I can’t get anywhere with the property manager?
If you have contacted your property manager to negotiate a rent reduction, you should expect them to reply in a timely manner and confirm they have put your request to the landlord.
Agreement to a rent reduction is preferred to a rent deferral. Any agreement to a deferral may result in accumulating a debt you may be unable to repay at the end of the moratorium. If you are not happy with being asked to defer and later repay rent, you should start the dispute resolution process.
If you are not happy with their response, or feel it is taking too long, you can request our help. You do not need to have agreement or approval from your landlord or property manager to seek help. If you have been unsuccessful in reaching a reduced rent agreement, you should start the dispute resolution process.
What conditions should I agree to in the reduced rent agreement?
You and your landlord should try to reach an agreement to reduce the rent, rather than deferring payment. If you agree to defer payment, you may end up with a debt you cannot repay at the end of the moratorium.
Your circumstances may be relevant to eligibility for a rent relief grant, but should not be a condition for a rent reduction agreement.
You and your landlord’s personal circumstances may change over coming months. You might reflect this in your agreement by putting in a review date or a trigger, such as change in employment or income status.
Can I be put on a blacklist for not paying rent?
The landlord must not list you on a residential tenancy database (blacklist) if you are unable to pay rent because of coronavirus (COVID-19). For more information, view Tenancy databases (blacklists).
Can a support person help me negotiate a reduced rent agreement?
The service is designed to be simple and easily accessible to most tenants. You do not need a lawyer or other advisor to get a positive outcome, and the process is designed to be fair for all parties.
We recognise that you may need additional support to represent your interests or communicate details about the hardship you face as a result of coronavirus (COVID-19), and that person may be with you or represent you at any stage. You should make sure you both understand what they are authorised to say or agree to on your behalf.
Examples where this may be appropriate include:
- You need a translator – please call the free translation service on 1300 405 282 (9am to 5pm Monday to Friday – except public holidays.)
- A financial counsellor is working with you on a number of financial matters, including your ability to pay rent
- A tenancy agency is helping you
- You have sought advice from a community legal centre due to the complexity of your situation.
Information about ending a tenancy
What if I’ve already been served a notice to vacate?
The new laws apply for six months from 29 March 2020. During this period, you cannot be evicted from rented premises unless the landlord has obtained an order from the Victorian Civil and Administrative Tribunal (VCAT) terminating the tenancy.
- If your landlord served a notice to vacate on or after 29 March 2020, it has no effect.
- A Notice to vacate which was issued prior to 29 March 2020 and seeks to evict you on or after that date also has no effect.
The landlord may seek an order through VCAT to terminate the tenancy under specified circumstances. More detail is provided in the VCAT section on this page.
Can I end my periodic (month-to-month) tenancy?
You can end your periodic tenancy by issuing a notice of intention to vacate as normal. Use the Notice to landlord of rented premises (Word, 1.9MB). For more information, view If the tenant or resident wants to leave. Fees may apply if you end your tenancy in this way.
You can also end your periodic tenancy by giving a 14-day notice of intention to vacate, if you need to move for the following reasons:
- you require special or personal care
- you are moving into public or community housing
- you require temporary crisis accommodation
- you 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
- you are suffering severe hardship
- you have been notified that the landlord has applied to VCAT to terminate the tenancy.
You do not need to apply to VCAT to end your tenancy in these circumstances.
Can I end my fixed-term tenancy early?
You can end your fixed-term tenancy by providing a Notice of intention to vacate:
- giving 14 days’ notice, if you need to move for the following reasons:
- you require special or personal care
- you are moving into public housing
- you require temporary crisis accommodation
- you are suffering severe hardship
- you 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
- you have been notified that the landlord has applied to VCAT to terminate the tenancy.
You do not need to apply to VCAT to end your tenancy in these circumstances.
Are there circumstances when I won’t be charged fees for ending a tenancy early?
You will not be liable to pay lease break fees or charges if you end your tenancy early by giving 14 days’ notice of intention to vacate in the following circumstances:
- you require special or personal care
- you are moving into public housing
- you require temporary crisis accommodation
- you are suffering severe hardship
- you 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
- you have been notified that the landlord has applied to VCAT to terminate the tenancy.
You do not need to apply to VCAT to end your tenancy in these circumstances.
If you end the tenancy due to severe financial hardship or family violence reasons, you can apply for a referral to VCAT.
VCAT will make a determination about whether it is reasonable and proportionate to end the tenancy, and in those situations, no fees are payable.
My landlord has been referred by Consumer Affairs Victoria to VCAT – if I want to end the tenancy do I have to wait for this process to complete?
If the landlord has lodged an application to VCAT to end the tenancy and you also want to end it, you may issue a Notice of intention to vacate giving 14 days’ notice.
You cannot be charged fees for ending the tenancy in these circumstances.
If my landlord is referred to VCAT to end my tenancy, how long will I have before I have to leave?
VCAT will consider whether it is reasonable and proportionate to end the tenancy in the circumstances. You should not assume that you will be required to leave. You should prepare for the VCAT hearing with evidence about the impact of eviction on you. There are supports available to assist you if you don’t feel confident. These free services are:
- tenancy advocates
- community legal centres
- translation services
- Indigenous supports.
If VCAT determines that the tenancy will end, then the amount of time you will be given to leave after VCAT orders the tenancy to end depends on the circumstances.
VCAT could order you to leave immediately if it finds that:
- you or your visitor have caused serious damage
- you are endangering safety of neighbours, the landlord (or their agent), or contractors/employees of the landlord
- you have been given a notice to leave under s368 of the Residential Tenancies Act in relation to serious acts of violence
- the rented premises are unfit for human habitation or destroyed
VCAT must give you at least 14 days to leave if it finds that:
- you have made serious threats or intimidation against the landlord, their agent or their contractors/employees
- you have failed to comply with a VCAT order under s212 of the Residential Tenancies Act
- you have made illegal use of the property
- you have assigned or sublet without the landlord’s consent
VCAT must give you at least 28 days to leave if it finds that:
- you failed to comply with your obligations under the tenancy agreement or the Residential Tenancies Act, including by not paying rent, in circumstances where you could have done so without suffering severe hardship
- you have not complied with a VCAT order excluding a pet from the premises
- VCAT must give you at least 60 days to leave if:
- your landlord is selling the premises
- your landlord or their family member are moving in.
I am feeling pressure from my landlord or property manager to agree to end my tenancy, and I don’t know how to respond.
You cannot be evicted from your residential property without the landlord obtaining an order from VCAT to do so.
There are limited circumstances where VCAT can receive an application for termination, and it will consider whether ending the tenancy is reasonable and proportionate in the circumstances.
If you are having trouble paying your rent, you should seek a reduced rent agreement with your landlord. See a guide to the process for tenants.
There are supports available to you if you are unable to effectively communicate with your landlord or property manager. These free services are:
- tenancy advocates
- community legal centres
- translation services
- Indigenous supports.
If you want advice on your tenancy before taking action, you can also ask questions by lodging an enquiry.
What happens if I am in social housing?
You cannot be evicted from your social housing without the landlord obtaining an order from VCAT to do so.
There are limited circumstances in which VCAT may consider whether it is reasonable and proportionate to evict you from your social housing. In addition to the matters listed above, these include if the landlord of the premises is:
- a statutory authority, and the premises are required for a public purpose after the termination date
- the Director of Housing, and:
- the premises were provided as transitional housing by the Director of Housing and the tenant is unreasonably refusing to accept an offer of alternative accommodation
- the premises are intended for repair, renovation, rebuilding or demolition which cannot occur without the tenant vacating
- the tenant has committed drug offences in the premises or in a common area, or
- the tenant commits a prescribed indictable offence
- a public statutory authority and the tenant has misled them regarding their eligibility for public or social housing
Further information for tenants
Financial assistance may be available to support you
The Department of Health and Human Services (DHHS) offers a new rent relief grant for those facing financial hardship.
Eligible tenants can apply for rent relief if they register an agreement they have reached with their landlord with us, or use our dispute resolution process to reach a reduced rent agreement. Learn more about the rent relief grant and check your eligibility under this scheme.
If you are not eligible for a rent relief grant, there is a range of information and other services available to support you. You may also be eligible for Commonwealth Rent Assistance through Centrelink.
What if I am experiencing family violence?
The laws bring forward the commencement of amendments contained in the Residential Tenancies Amendment Act 2018 to protect renters who are experiencing family violence or personal violence.
Persons who have been subjected to family violence or personal violence may apply for a referral to VCAT for an order to terminate or vary the existing tenancy agreement. These applications are included in the list of urgent matters which VCAT will continue to hear whilst the laws are in effect.
If you are escaping harm from family violence, safe accommodation is available. Safesteps is Victoria’s 24/7 family violence support service for advice, help and support. Call 1800 015 188 or email safesteps@safesteps.org.au. If you feel unsafe at home and it is an emergency, call police on Triple Zero (000).
If you are experiencing family violence from someone who resides in your rental property, you can apply for an intervention order to exclude them from the property. To apply for an intervention order, visit the Magistrates’ Court of Victoria. You can also apply for an interim intervention order in person at a local Magistrates' Court.
Where can I learn more?
To stay updated on changes to renting laws, subscribe to our email list.
You can also ask questions by lodging an enquiry.