All residential tenancies in VIC are covered by standard terms which cannot be altered. It’s advisable to use a written agreement and it’s the Landlords obligation to provide a copy to the tenant.
guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a
Residential Tenancy. This applies to the majority of share accommodation and
residential property rental situations. To confirm it covers your situation
visit What is
my share accommodation situation?
standard form Victorian Tenancy Agreement can
be downloaded and used for free from Consumer Affairs Victoria.
Victoria, a Residential Tenancy Agreement is used for agreements between:
· Landlord and a tenant,
· Landlord and co-tenants, and
· Head-tenant and sub-tenants.
Although the form has labels for a ‘landlord’ and ‘tenant’, these are just
convenient labels—in sub-letting situations, the head-tenant should be listed
as ‘landlord’ and the sub-tenant as ‘tenant’.
What is the purpose of the Tenancy Agreement?
it allows the landlord and tenant to list the details of the tenancy, such as
names of the parties, the length of the agreement, amount of the rent, and how
any payments should be made.
the agreement includes the terms and conditions of the tenancy. This includes:
rent, maintenance, and rights and responsibilities of tenants and landlords.
Do I need to have an agreement in writing?
Victoria, a residential tenancy agreement can be written or oral. If the
agreement is in writing the Standard Form agreement provided by the Victorian
Government must be used. Regardless of whether the agreement is written or
oral, the same standard terms apply.
are required to give a copy of a written residential tenancy agreement to every
Victoria Government has created a Standard Form Tenancy Agreement that
must be used by for all residential tenancies
as providing space for the parties to fill out the relevant details, the
standard form agreement also conveniently lists some of the terms that must
apply under Victorian law to all agreements.
should take the time to read the terms and this guide before signing the
Is there a minimum or maximum length of agreement?
no minimum length of agreement.
however, the agreement is for a fixed term of 60 days or less, and immediately
before the tenant moved in the landlord used the premises as their primary
residence, and intends to resume living in the premises after the agreement
ends, then the agreement cannot be a residential tenancy. This rule only
applies if the agreement states that the landlord lived there before the
agreement and intends to resume living there after the agreement.
rules for residential tenancies do not apply when the agreement is for a fixed
term of more than 5 years and the agreement does not have a term that allows
the tenant or landlord to end or continue the agreement.
Important things to remember in share accommodation tenancy agreements
tenant is renting a room in a share house, it is very important that the
agreement detail which parts of the premises the tenant has exclusive
possession of, and which parts the tenant has shared use of.
situation is for the tenant to have exclusive possession of their own bedroom
and shared use of kitchen, bathroom and laundry facilities. By describing in
the agreement which parts of the property the tenant does and does not have
exclusive possession over, the rights and obligations of all parties are
Can I change the Standard Form Agreement?
tenant and landlord can agree for additional terms to apply to the agreement in
addition to the legal rules. Any additional terms cannot contradict or change
the standard terms, and also cannot try to exclude any of the standard terms
from applying to the agreement.
types of additional terms are NOT allowed under Victorian law. These include:
· A requirement that a person pay the costs or fees from
preparation of a written agreement
· Terms regarded as ‘harsh’ or ‘unconscionable’ (parties must
apply to VCAT)
· Any term that attempts to change or exclude the application of
the legal rules to the agreement
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Saturday, 14 March 2020