Residential Tenancies Act

Residential Tenancies Act

Leasing and management of rental housing including rooming houses

OVERVIEW

The Residential Tenancies Act 1997 provides the legal framework governing leasing and management in residential rental agreements in Victoria. 

The Residential Tenancies Act 1997 regulates the rights and responsibilities of rental providers and renters in residential rental properties in Victoria. It sets out rules for rental agreements, rent payments, repairs and maintenance, privacy, bond handling, dispute resolution, and termination of tenancies. Beyond governing their rights and relationships with each other, it provides the legal structures that support rental agreements. 

Beyond the raft of changes legislated in 2018 and implemented in 2021, the Residential Tenancies Act and its associated regulations are undergoing further changes as outlined in Victoria’s Housing Statement. The Housing Statement is a policy document introduced by the Victorian Government that enacts significant legislative and regulatory reforms to the real estate sector. 



Key Documents Major Discussions Submissions

At a Glance

The RTA sets the rules for rental agreements in Victoria, defining the rights and responsibilities of rental providers, renters, and property managers. 

Further reforms are planned under Victoria’s Housing Statement to improve industry training and education and strengthen rental protections. 

The REIV is pushing for fair, practical reforms that balance renter protections with rental provider confidence and housing supply. 

Key Documents

Residential Tenancies Act 1997

Governs the rights and responsibilities of rental providers, tenants, and property managers in Victoria’s rental market. 

Residential Tenancies Regulations 2021

Sets the detailed standards, forms, and compliance requirements for rental properties, including minimum rental standards. 

Victoria's Housing Statement

Outlines the State Government’s strategy to boost housing supply, affordability, and liveability through planning, development, and reform initiatives. 

Victoria's Housing Statement

Victoria's Housing Statement

Victoria’s Housing Statement outlines the Victorian Government’s plan to build 800,000 new homes over the next decade to address the growing demand for housing and improve affordability. Amongst its ambitious policy agenda are objectives to enhance rental protections, streamline planning approvals, increase housing density near transport and activity centres, and encourage a broader mix of housing types. While the statement primarily focuses on development and supply challenges and responses, it has significant implications for the residential rental market and the broader real estate sector. 

The REIV has actively engaged with the Victorian Government to ensure the real estate sector’s voice is heard throughout this reform process, giving evidence and member-driven advice and feedback. The REIV advocates balanced policy settings that support housing supply by fostering investor confidence, while protecting the rights of renters. Through submissions, stakeholder consultations, and public commentary, the REIV continues to advocate for practical reforms that recognise the critical role of property managers in maintaining housing stability and facilitating positive outcomes for both rental providers and renters. 

Major Advocacy Areas

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Due to the scope and complexity of the Residential Tenancies Act, the REIV has advocated on and documented diverse policy positions and issues. This is not an exhaustive list of residential tenancies matters under consideration or engagement by the REIV. 

Striking a Balance

Striking a Balance

June 2025 

The REIV is advocating for urgent and balanced amendments to the Residential Tenancies Act to restore fairness, stability, and investment confidence in Victoria’s rental market. The Striking a Balance submission highlights the impact of successive renter-favourable reforms on rental providers. It advances practical recommendations to ensure a more equitable framework that protects both renters and rental providers. 

Key proposals included: 

  • Strengthening rental provider rights in cases of illegal, misleading, or fraudulent renter behaviour 

  • Tightening provisions for addressing repeated non-payment of rent 

  • Aligning notice-to-vacate periods for renters and providers to improve consistency and fairness 

  • Retaining core renter protections while ensuring balanced reforms that maintain housing supply 

The submission reaffirmed the REIV’s commitment to advocating for a sustainable rental market that protects renters while supporting private rental providers, recognising their vital role in ensuring an adequate supply of housing across Victoria. 

Minimum Energy Efficiency Standards

Minimum Energy Efficiency Standards

December 2024 


Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024 

The Victorian Government has confirmed extensive changes to the minimum standards for energy efficiency in rental properties and rooming houses. While the REIV supports the government’s goals to improve housing quality and sustainability, it remains concerned about the timing and financial burden placed on rental residential providers. 

Submissions

Budget Submission 2025 – 2026

March 2025 


The REIV’s 2025 - 26 Victorian State Budget submission called on the state government to reform property tax and regulatory settings to strengthen Victoria’s housing supply and support long-term rental investment. The submission outlined five key recommendations, including easing stamp duty and land tax obligations for rental providers, introducing incentives for extended long-term leases, and redistributing property management responsibilities to encourage tenure security. 

These measures reflect the REIV’s ongoing advocacy to create a more sustainable rental market, attract investment, and ensure a balanced tax and regulatory framework that benefits both renters and property investors. 

Budget Submission 2024 – 2025

February 2024 


The REIV’s 2024 - 25 Victorian State Budget submission called on the state government to reform property tax settings to attract and retain investment in Victoria’s property sector. The submission outlined measures to increase housing supply, including incentives for long-term rental investment, a review of stamp duty to promote mobility and economic activity, and the retention of negative gearing to support the rental market. 

These recommendations reflect the REIV’s ongoing advocacy for a tax framework that encourages investment and strengthens housing availability across the state. 

Opportunities to Improve the Legislation

June 2023 


The REIV's submission proposed practical amendments that addressed the unintended consequences of recent rental reforms, aiming to restore balance to the rental market. The submission focuses on reducing red tape, clarifying ambiguous provisions, and ensuring fairer outcomes for both rental providers and renters. By recommending changes that enhance the clarity, consistency, and workability of the legislation, the REIV seeks to support a more sustainable and functional rental sector in Victoria.

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