By Callum Ludwig
The Victorian Government announced a raft of renter’s rights reforms on Wednesday 30 October, set to be implemented over the next 12 months.
Some of the six new reforms are planned to be in place before the end of the year and the Victorian Government hasn’t ruled out more in their bid to make renting fairer.
Minister for Consumer Affairs Gabrielle Williams said renters’ rights are all about respect.
“That’s the principle that we are trying to bring to the rental market through more than 130 reforms, and that’s why we are leading the nation on it,” she said.
“By banning fees and charges on rental payments and applications, and cracking down on unfair bond claims, we’re putting more money back in the pockets of renters.”
The six reforms are as follows;
Landlords will have to provide evidence to withhold bonds and face financial penalties for claims that can’t be substantiated or are proven false
‘No fault’ evictions for fixed-term agreements will no longer be permitted, with valid reasons such as damage, failure to pay rent or the owner moving back into the property to remain
Banning hidden fees or charges for paying rent in-person or digitally, with these fees often found on third-party rent tech apps meant to be more convenient for renters than options like having to pay at a post office
Banning rental providers, their agents or a third-party app from passing the cost of a background check on renters to the renter
Legislate a cap on lease break fees for fixed-term agreements of five years or less wth the limit to be decided following consultation
Prevent agents from unreasonably denying requests for an additional electronic key or security fob and make it an offence for them to be terminated unless it’s part of the rental agreement termination process.
Tenants Victoria CEO Jennifer Beveridge said Tenants Victoria welcomes these measures to better protect the rights of renters – who make up almost 30 per cent of Victorians – in their homes.
“After all, housing is an essential service and a human right,” she said.
“Extending the ban on no-reason evictions gives renters more security. It puts them on a more even footing to request repairs, for example, in the knowledge that rental providers cannot ask them to leave without a reason under the law.”
Community services organisation Uniting VicTas has a Tenancy Rights service which operates out of Ringwood and services large parts of the East and Outer East of Melbourne.
Senior Manager of Homelessness for Uniting Vic.Tas Maidie Graham said decades of underinvestment in social and affordable housing and rising housing prices have resulted in more people renting and renting for longer, so they welcome any reforms which improve fairness and provide further protections for renters.
“Rental affordability is just one of the challenges facing households, particularly for those on low incomes, and for many years there has been a significant power imbalance between rental providers, property managers and renters creating myriad of issues that almost always places renters at a disadvantage,” she said.
“Banning ‘no fault’ evictions, ensuring landlords are unable to make bond claims without evidence and capping fees for breaking a lease, will undoubtedly make the system fairer for renters.”
Uniting’s Tenancy Rights support service can assist people who:
Live in public or community housing that’s part of the Victorian Housing Register (including room or boarding housing)
Have a private tenancy issue
Are facing possible eviction
Are low income
Are experiencing family violence
Are keen to access free support through the voluntary programs.
Ms Graham said legislating minimum standards for properties will also be critically important.
“We’ve seen countless examples of renters over the years of renters being forced to live in substandard conditions, which we know can have a significantly detrimental impact on their health, safety and quality of life,” she said.
“We look forward to hearing more details about the reforms, particularly on how these changes will be enforced.”
Tenancy advocates can help renters know their rights as a private or public/community housing tenant, help prevent rental discrimination or unfair rental increases, help break a lease in a situation where a tenant feels unsafe, help renters claim back their bond or help prepare renters for any cases with the Victorian Civil and Administrative Tribunal (VCAT) regarding their rental rights.
To get in touch with Uniting’s Tenancy Rights support service call 03 8870 4030. You can also find more resources on the Tenants Victoria website.