Consumer Affairs Victoria guidelines
Summary
Renters and landlords (officially called rental providers) have duties they must follow under Victoria’s rental laws, the Residential Tenancies Act 1997.
To make these duties easier to follow, Consumer Affairs Victoria has guidelines that expand on some of them. This includes defining and giving examples for:
- Maintenance
- Cleanliness
- Damage and fair wear and tear
- Urgent repairs
- Dangerous behaviour (that can lead to eviction)
The Victorian Civil and Administrative Tribunal (VCAT) also refers to these guidelines when making decisions about disputes between renters and landlords.
On this page, the term ‘renter’ also includes rooming house residents and caravan park residents. The term ‘landlord’ also includes rooming house operators, caravan owners and caravan park owners.
Maintenance guidelines
The landlord is responsible for providing and maintaining a rental property in good repair, while the renter is responsible for keeping it reasonably clean and not causing damage.
The law gives some examples of what landlords and renters must do to follow these duties. Consumer Affairs Victoria provides more examples to make it easier for everyone to do the right thing.
Download the Consumer Affairs Victoria guidelines: Guideline 1 – Maintenance [Word 230 KB].
What landlords must do
The guidelines include these activities the landlord must do to maintain the property.
The landlord must:
- Provide and keep the property in good repair
- Keep any common areas they are responsible for in good repair. For example, landlords are sometimes responsible for shared laundry or bathroom facilities or gardens
- Follow the specific rules for urgent repairs. This page has more on urgent repairs
- Manage pest infestations
- Treat mould or damp caused by, or related to, the building structure
- Ensure the property complies with rental minimum standards. See more on our page about minimum standards
While these activities are not listed in the law, the landlord should do them as part of meeting their duties:
- Record maintenance requests from the renter
- Give the renter any instructions for using or cleaning fixtures at the property
- On request, provide the renter with information about safety checks that have been done. This does not apply to caravan parks
While these activities are not listed in the law, the landlord should do them as part of maintaining the property in good repair:
- Painting or repairing fences
- Major pruning and any removal of trees, shrubs and plants
- Clearing gutters
- Washing the outside of windows that are hard to access for the renter, especially those on upper levels
- Building work involving the property’s structure
- Maintaining any water tanks
- Regularly checking septic tanks and septic tank pumps in accordance with the manufacturer’s instructions
For properties with an owners corporation, such as most apartment buildings, the owners corporation is usually responsible for repairing and maintaining:
- Common property, such as gardens and nature strips
- Furniture, fixtures, fittings and services in common property, such as in hallways and entry areas
- Equipment and services that benefit some or all of the homes, such as a common laundry
What renters must do
The guidelines include these activities the renter must do to maintain the property.
- The renter must:
- Keep and leave the property in a reasonably clean condition. See more on this page about what ‘reasonably clean’ means
- Not damage the property
- Let the landlord know as soon as possible of any damage or breakdown of facilities
- Not remove, deactivate or interfere with the operation of a safety device at the property, such as a smoke alarm, carbon monoxide alarm, fire sprinkler system or hose reel, unless it is reasonable to do so. This does not apply to caravan park residents
- On moving out, undertake professional cleaning, or cleaning to a professional standard – but only if there is a professional cleaning term in the lease (officially called a rental agreement) and the conditions for complying with it apply. See more on this page about professional cleaning. This does not apply to residents of rooming houses and caravan parks
While these activities are not listed in the law, the renter should do them as part of making sure the property stays reasonably clean and free from damage.
- Cleaning any fixtures installed in the home
- Replacing light bulbs
- Dusting and wiping down surfaces, including heating or cooling vents
- Cleaning carpets and floors
- Cleaning the inside of windows and the outside of any ground-floor windows
- Cleaning the inside of balcony doors and windows
- Emptying and cleaning the dishwasher filter as needed, following the manufacturer’s instructions
- Cleaning behind and under appliances, if they can be moved safely without damaging the floor
- Cleaning scuff marks and fingerprints off walls if the texture of the wall allows cleaning
- Cleaning wet areas, such as bathrooms and laundries
While these activities are not listed in the law, the renter should do them as part of making sure the property stays reasonably clean and free from damage.
- Regular gardening and yard maintenance, such as weeding, pruning and lawn mowing – unless the landlord has agreed to be responsible for this
- Regular disposal of rubbish and other waste, using bins provided by the council
Cleanliness guidelines
The law says landlords must make sure properties are reasonably clean when renters move in, and renters must keep and leave them reasonably clean. But it does not say what ‘reasonably clean’ means.
Consumer Affairs Victoria defines ‘reasonably clean’ and gives practical examples. It also confirms when the landlord can ask the renter for professional cleaning or cleaning to a professional standard.
Download the Consumer Affairs Victoria guidelines: Guideline 2 – Cleanliness [Word 225 KB].
What does ‘reasonably clean’ mean?
Consumer Affairs Victoria says cleanliness should be measured according to average standards in the community. It neither means spotless nor really messy, but sits somewhere in the middle. It also depends on the nature, age and circumstances of the property.
For an item or surface to be reasonably clean, it should be free from things like marks, dirt, cobwebs, stains and dust, and any extra cleaning won’t improve it. For example, wiping down a benchtop again won’t make it cleaner.
Comparing the condition reports from when the renter moved in and when they moved out also helps when assessing whether a property has been left ‘reasonably clean’. The renter cannot be expected to leave the property cleaner than when they moved in. Find out more on this website about condition reports.
Examples of cleanliness in a ‘reasonably clean’ property include:
- Cooking appliances, including the oven, stove and rangehood, are free of oil, grease and food stains
- The dishwasher is free of grease, grime, food scraps and any strong odours
- Baths, showers, toilets, sinks and vanity units are free of dirt, dust, stains, soap scum and mould caused by a failure to take care, but not caused by problems with the building structure
- The kitchen sink is free of soap scum and food scraps
- Mirrors are free of dust, marks and smears
- Walls and skirting boards are reasonably free of scuff marks, fingerprints and dust
- Floors are washed and free of dirt, dust and stains
- Carpets are free of pet hair, stains and any strong odours (such as urine)
- Garden beds and lawns are weeded and neat
- Lawns are mowed
- Windowsills are free of dust and dirt
- Windows are free of marks, smears, dust, and dirt
- Curtains or blinds are free from dust and stains
- Cupboards are emptied and free from dust and dirt
- Heating ducts and exhaust fans are clean and free of dust – note that cleaning at heights is considered maintenance and the landlord’s responsibility. Renters are not expected to clean ceiling fans where access may be dangerous
- Rubbish is removed and disposed of correctly
- The shed or garage (where provided) is kept neat, tidy and emptied at the end of the lease (officially called a rental agreement)
- Premises are clear of personal belongings at the end of the lease
Professional cleaning
In private rentals, community housing and public housing, leases (officially called rental agreements) started on or after 29 March 2021 must include a term about when the renter can be asked to pay for professional cleaning or cleaning to a professional standard.
Under the term, renters can only be asked to pay for professional cleaning if:
- The property was professionally cleaned, or cleaned to a professional standard, immediately before the renter moved in, and the landlord or agent told them this had been done, or
- Professional cleaning, or cleaning to a professional standard, is needed to restore the property to the same condition as when the renter moved in, taking into account fair wear and tear
Damage and fair wear and tear guidelines
Renters have a duty to not intentionally or negligently damage the rental property or common areas. This includes damage caused by visitors. Renters also have an obligation to let the landlord know as soon as possible and in writing if there is any damage to the property.
Damage does not include fair wear and tear, which is deterioration caused by everyday use or natural forces or elements, such as sunlight. Fair wear and tear relates to general deterioration in the property as opposed to something caused by poor maintenance or cleaning habits, neglect or misuse.
Consumer Affairs Victoria provides examples of damage compared to fair wear and tear. It also gives guidance on depreciation, which means the older something gets, the less it is worth.
Download the Consumer Affairs Victoria guidelines: Guideline 3 – Damage and fair wear and tear [Word 287 KB].
| Fair wear and tear | Damage |
|---|---|
| Worn or faded kitchen bench top | Burns or cuts in the kitchen bench top |
| Cracks in walls caused by building movement, or minor marks or scuff marks on walls | Holes in walls or missing paint due to wall hooks, nails or shelves installed by the renter |
| Faded curtains or blinds | Stains or rips in curtains or blinds |
| Traffic marks on carpet | Carpet stains caused by burns, overwatered indoor plants or pets |
| Scuff marks on wooden floors | Badly scratched or gouged wooden floors caused, for example, by dropping something heavy on the floor |
| Fair wear and tear | Damage |
|---|---|
| Worn or faded carpet caused by pet traffic | Carpet stains caused by pet urine |
| Minor marks or scuff marks on walls or skirting boards | Claw or bite marks on walls or skirting boards |
| Scuff marks on wooden floors | Badly scratched or gouged wooden floors caused by claws or biting |
Urgent repairs guidelines
The landlord has a specific duty to keep the rental property in a state of good repair. The landlord should also attend to ‘urgent’ repairs ‘immediately’, otherwise a renter can organise these themselves and ask to be paid back, or apply to VCAT for an urgent repairs order. For more information see our page on repairs and maintenance.
Consumer Affairs Victoria has guidelines on how to decide whether the landlord’s response to an urgent repair has been immediate enough to meet their duties under rental laws.
The guidelines list two factors:
- The urgency of the repair – how much impact it will have on the renter’s health and safety, the safety of the property and the renter’s belongings, and the property being fit to live in
- The complexity or significance of the repair
The guidelines also outline that there may sometimes be a delay that is beyond the landlord’s control.
Download the Consumer Affairs Victoria guidelines: Guideline 4 – Urgent repairs [Word 280 KB].
How urgent is the repair?
The law sets out what types of repairs are urgent. See our page on repairs and maintenance for this list.
The guidelines help to clarify how to figure out the level of urgency, using a sliding scale from ‘not as urgent’ to ‘highly’ urgent. The type of urgency will help to determine how quickly the landlord needs to carry out the repairs.
The level of urgency depends on:
- Whether failing to respond to the fault or damage leaves the property unsafe and/or unfit to live in
- Whether the fault or damage means a very high risk to the health and/or safety of the renter or any neighbours
- Whether the fault or damage has caused serious damage, or could cause serious damage, to the renter’s belongings and/or the rental home and property
If a repair is urgent, and the landlord is taking too long, you can apply to VCAT for an order that requires the landlord to act. In some circumstances, you may be able to organise the repair yourself and seek reimbursement from the landlord, but there are rules about this. See our page on repairs and maintenance for more information.
The examples in this table can help renters to decide whether a landlord is taking too long to carry out a repair and whether to go to VCAT or carry out the repair themselves. It also assists landlords and VCAT to decide how urgent a repair is.
| Not as urgent | Highly urgent | |||
|---|---|---|---|---|
| Broken heater during summer (No health, property or safety risk) | Blocked toilet (No property risk, some potential risk to health, may not be able to live in home if only one toilet) | Persistent cockroach infestation (No risk to property, small risk to health, home may be unsafe to live in) | Broken heater during winter (No risk to property, small risk to health, may be unable to live in the home, depending on weather) | Gas leak (Property is unsafe, high risk to health, risk to the property). |
How complex and significant is the repair?
In some instances, such as a blocked toilet, the repair will often be simple. In other cases, the repair may be more complicated and so an immediate fix may not be possible.
- A blocked toilet caused by tree roots growing in the pipes
- Getting rid of mould
- Investigating a roof leak
- A fence which is about to fall down
Delays beyond the landlord’s control
A landlord may also have to wait for others before being able to complete repairs. This will be taken into account when looking at whether an urgent repair was completed quickly enough. If there are delays, the landlord needs to take steps to lower risk to the renter and neighbours (and their property), keep a record of steps taken and keep the renter informed.
- Permission is needed from an owners corporation
- An insurer has to assess the damage, such as flood or storm damage
- The property is in an isolated location, so it’s hard to get repair people to attend
- The renter is refusing to let the landlord into the property to do the repairs
Endanger guidelines
‘Danger’ is one of the reasons that a landlord can give a renter a ‘notice to vacate’. See our page on notices to vacate and eviction to learn more about when and how a notice to vacate can be given.
To give this type of notice, the following need to exist:
- An act or omission that endangers (puts in danger) the landlord, their agent, a neighbour, or contractor or employee of the landlord or their agent and poses a real risk to their health and safety
- That the danger is ongoing at the time the notice to vacate is given
Consumer Affairs Victoria provides guidance about how to figure out if there is a real risk to the health and safety of the person affected and whether the danger is ongoing or short-lived.
Download the Consumer Affairs guidelines: Guideline 5 – Endanger [Word 221 KB].
Is there a real risk to health or safety?
The notice to vacate needs to list what acts or omissions are causing the danger.
‘Endanger’ means a real danger to a person’s safety. The following are the key principles that VCAT uses to decide whether something meets this definition and threshold:
- Behaviour which is anti-social or a nuisance does not fit the definition of endanger
- Behaviour that is limited to threats and intimidation, by itself, is not enough to be seen as causing danger. Instead, a specific notice for serious threats and intimidation can be used by those in private rentals, rooming houses and caravan parks
If there are threats and intimidation, and they are likely to be carried out – for example, if they were combined with aggressive behaviour – this could be seen as endangerment. In an example from a VCAT case, taken from the guidelines:
The renter was verbally abusive, made threats to kill and broke the window of neighbour. VCAT noted that the landlord had to show that the renter’s behaviour exposed the neighbour to harm or risk and that the threats were likely to be carried out. If there is only a remote or small chance, then the notice would not be valid.
Is the danger ongoing?
There must be a connection between the timing of the danger and the notice to vacate. This means that the danger must be ongoing at the time the notice is given – it can’t already be over with and unlikely to happen again.
It is possible that a single act or omission can give rise to an ongoing danger, but usually there needs to be a history of conflict or a pattern of behaviour.
- If a renter is violent towards a person and there is history of conflict between the parties, it might be reasonable to think that the renter will remain angry and continue to be dangerous
- A renter being violent to a neighbour, a renter’s visitor making ongoing threats or being intimidating, or a renter stalking a neighbour, may be seen as examples of ongoing danger. If the violence was very serious and dangerous (for example, the renter stabbed a neighbour, or another act of serious violence) this may be enough to show a continuing danger. This is because it would be reasonable to fear other dangerous acts may happen in the future
- A renter who has a mental health episode and behaves violently to a neighbour may not be seen as a continuing danger to the neighbour. If there was only a single incident, the renter’s mental state is being managed, and there is not a pattern of behaviour targeting the neighbour, the danger may be seen as over
The guidelines list the following factual examples from past VCAT cases:
- After a dispute, a renter fired a gun at neighbours and made threats to them. Following the renter’s release from police custody, a notice to vacate was given to the renter. VCAT agreed that the renter’s anger would likely continue and that he remained a threat to those neighbours. Firing the gun was the serious risk to health and safety, and the dispute and the fact that the renter’s anger remained proved there was an ongoing danger
- The renter was already the subject of an intervention order protecting a neighbour. The renter’s visitors harassed the neighbour and graffitied his home. There was a history of conflict, and an aggressive threat to kill was made. VCAT agreed that the history of the dispute and the continuation of the renter’s threats proved there was ongoing danger to the neighbour
Download the guidelines
Download the Consumer Affairs Victoria guidelines for more information on renter and landlord duties in the Residential Tenancies Act 1997.
Maintenance guidelines
Provides information and examples to help renters and landlords understand their duties in maintaining a property.
Guideline 1 – Maintenance [Word 230 KB]
Cleanliness guidelines
Defines ‘reasonably clean’ with practical examples and confirms when professional cleaning can be requested.
Guideline 2 – Cleanliness [Word 225 KB]
Damage and fair wear and tear guidelines
Describes renter responsibilities and gives examples of damage compared to fair wear and tear.
Guideline 3 – Damage and fair wear and tear [Word 287 KB]
Urgent repairs guidelines
Helps renters and landlords understand urgent repairs and the expected timeframes for responding to them.
Guideline 4 – Urgent repairs [Word 280 KB]
Endanger guidelines
Gives guidance on when a renter endangers others and can receive a notice to vacate for danger.
