Your rights and responsibilities

Source: https://housing.unimelb.edu.au/pages/your-rights-and-responsibilities Parent: https://housing.unimelb.edu.au/

The following section is a guide to help you know your rights and responsibilities as a renter and a rental provider and what you should do if you feel unsafe or have been scammed.

Renter's rights and responsibilities

Before the tenancy

It is your responsibility to review the rental provider, the property, the facilities and the conditions in which the property is offered prior to making any decision as to its suitability for your purposes. You should not enter into any agreements or pay any bond or rent money prior to inspecting the property.

The University of Melbourne gives no warranty and accepts no responsibility for the accuracy, or the completeness of any content listed on this website or the suitability of any accommodation offer. The University does not inspect any Listings and accepts no liability in relation to or arising out of any arrangement or contract in respect of accommodation listed on this website.

For more information, please visit the Consumer Affairs Victoria website here.

Please click here to access important information about your rights and responsibilities when signing an agreement.

Before signing a rental agreement, your rental provider must also disclose certain information to you if it applies. Please see here for the full list.

Your rental provider is also required by law to provide you a copy of the Renters guide which details yours and your rental provider’s rights and responsibilities.

During the tenancy

As a renter, you have the right to:

Quiet enjoyment of the property
Have the property be well maintained and suitable for living in
Have repairs rectified within a reasonable time frame
Be provided with adequate prior notice before your rental provider and/or their agent enters for certain limited reasons (such as for inspections or repairs)
Not have your rent increased more than once every 12 months, and not during the course of a fixed-term tenancy unless the rental agreement states it

Your responsibilities include (but are not limited to):

Pay your rent on time and always ask for a receipt
If not included in your rent, connect your utilities at the start of your tenancy and disconnect them when you move out
Do not damage the premises. You are liable for the cost of the repair or replacement
Notify your rental provider of any repairs
Maintain the premises (this may include cleaning and upkeep of the garden)
Allow your rental provider, or their representative, to complete inspections of the property (sufficient notice must be provided to you beforehand)
Do not disturb the peace, comfort and privacy of your neighbours
Do not allow your guests to cause a disturbance or damage the premises
Do not use the property for illegal purposes
Do not keep pets without the prior consent of your rental provider
Give notice to end the rental agreement, even if it has a fixed end date. Otherwise, the agreement will automatically continue on a month-by-month basis.
Hand in your keys when the tenancy is finished

Rental provider’s rights and responsibilities

Before the tenancy

You are responsible for making your own assessment of a potential renter's character, financial means and/or suitability for your vacancy. Any rental arrangement negotiated between a potential renter and you is the responsibility of the parties involved.

The University of Melbourne does not make any representation or provide any warranty in respect of any user of the Website including, without limitation, the suitability, behavioural characteristics or creditworthiness of a user. The University is not a party to any contract, arrangement or understanding between users relating to any accommodation listed on this website.

When requesting information from a renter as part of their rental application for your vacancy, there are certain questions that you cannot ask. Please see herefor more information. You must also provide a disclosure statement about discrimination to all applicants.

Before the renter signs a rental agreement, you must disclose certain information about the property to the renter . This includes:

if the property is also for sale,
if it has an embedded network,
if the property is a location of a previous homicide,
if there are any additional costs the renter will have to pay aside from rent such as usage of the gym, laundry, communal facilities

Please see here for the full list.

You are responsible for preparing a rental agreement and you must ensure that it complies with all laws and obligations as set out by the Residential Tenancies Act 1997.We recommend using the official form available from Consumer Affairs Victoria. You must also provide your rental with a copy of the Renters Guide.

You must not charge more than 4 weeks’ worth of rent for bond (unless the weekly rent is more than $900) and you must lodge this bond with the Residential Tenancies Bond Authority (RTBA) within 10 business days of receiving it.

It is your responsibility to provide your renter with two copies of the condition report (or one electronic copy) before your renter moves in. It must be created using the template found on the Consumer Affairs Victoria website. You must keep a copy of the condition report until the end of the rental agreement.

During the tenancy

As a rental provider, you have the right to

Issue a Notice to Vacate under specific conditions, see herefor the full list.
Enter your property for certain limited reasons after giving adequate prior notice to your renter
Claim part or the entire bond for specific reasons, such as damage caused by your renter or their visitors (but not fair wear and tear), and cleaning expenses, if your renter has not left the property reasonably clean.

As a rental provider, your responsibilities include (but are not limited to):

Ensuring the property meets minimum standards, is well maintained and in a habitable state
Provide rent receipts and keep records of rental payments
Not attend the premises without notice
Rectify repairs within a reasonable time
Ensure smoke alarms are installed in the property
Comply with the Residential Tenancies Act 1997 and other relevant legislation
Not increase the rent more than once every 12 months, and not during the course of a fixed-term tenancy unless the rental agreement says you can
Give notice to end the rental agreement, even if it has a fixed end date. Otherwise, the agreement will automatically continue on a month-by-month basis.