Private rentals

Co-renting is the most common type of share-house arrangement. This occurs when 2 or more renters enter into a lease (officially called the rental agreement) with the landlord (officially called the rental provider), and all renters’ names are listed on the same lease.

Co-renters all share ‘exclusive possession’ of the property. This means one renter cannot legally lock out or exclude another, except where a family violence or personal safety intervention order applies.

Co-renters are each equally responsible for paying rent and taking care of the property. This means that if any renter does not pay rent, everyone is in ‘rent arrears’ (behind in their rent) together. This is known as ‘joint liability’. This also means that each renter can also be held responsible for each other’s actions if the landlord claims compensation for loss or damage.

Victoria’s rental laws, contained in the Residential Tenancies Act, list the rights and responsibilities of renters and landlords.

If you cannot resolve a dispute with your landlord, you can go to the Victorian Civil and Administrative Tribunal (VCAT). For some more common issues, you can go to Rental Dispute Resolution Victoria (RDRV). RDRV can help you to negotiate an agreement with the landlord, instead of having to go to a formal hearing at VCAT.

Rental laws do not cover the rights and responsibilities of co-renters in relation to each other unless there are circumstances of family or personal violence. See the information on this page about disputes between co-renters.

Names on the lease

The law says you must be given a written lease. If you are not, in most cases if you pay rent and the property is the primary place you live in, Victorian rental laws will still apply. You can also apply to VCAT for an order requiring your landlord to give you a written lease.

If you do not have a written lease, it is important to be clear about who is a renter, and who is a guest or licensee. See the information on this page about licensees.

If you are a co-renter, make sure the names of all the renters are on the lease. If a part of the lease is transferred from one renter to another, the name of the renter who is leaving should be taken off the lease and replaced with the name of the new renter. This transfer can only be done with the landlord’s written consent. Without that consent, the departing renter might believe they have been taken off the lease, but the change will not be legally valid. Also arrange to transfer the bond. For more information, see our page on lease transfers and subletting.

Rent and bills

If you are establishing or moving into a share household, have a clear system for paying rent and bills.

Problems can arise when one household member fails to make a payment after collecting money from others in the house, or other household members fail to pay their share.

Victorian rental laws generally do not cover disputes between renters, or between renters and their guests (licensees). This includes things like splitting bills or household chores or asking guests to leave. Household members can make their own private agreements about these matters. See the information on this page about disputes between co-renters.

If you paid your share of the rent but another renter did not, once there is more than 14 days of overdue rent (known as ‘rent in arrears’) the landlord can apply to VCAT seeking to evict all renters from the property, regardless of who paid their share. See more information on this page about paying rent.

Leaving a co-renting arrangement

A co-renting arrangement does not end until all co-renters leave the premises and return the keys. If you move out of a shared household before the end of the lease and your name is still on the lease, you will continue to be responsible as if you were still living there. This could include continuing to be held responsible for the rent, or for any loss or damage that occurs after you leave, and being listed on a tenant database in certain circumstances. See our page on tenant databases.

A renter usually cannot take themselves off a shared lease on their own. The household should agree on how to decide if the lease will end, or how to find a replacement when a renter wants to leave.

It is good practice to agree on how much notice a renter must give to the other renters as well as any other responsibilities, such as cleaning up, removing their furniture, or restoring part of the garden where they installed a vegetable patch. If you cannot come to an agreement, Victoria’s rental laws do not cover co-renters in these situations. See the information on this page about how to resolve disputes between co-renters.

If the household decides to end the lease for everyone, a valid ‘notice of intention to vacate’ must be given to the landlord. All renters remain responsible until the property is empty and the keys are returned. For more details, see our page on ending or breaking your lease.

If, as a co-renter, you want to leave the share house and seek the landlord’s consent to transfer your part of the lease and bond to someone else, and have your name removed from the lease, see our page on lease transfers and subletting.

If you are a person affected by personal or family violence, see our page on family violence.

It is important to understand the difference between subletting and licensee arrangements, especially as licensees are not covered by Victoria’s rental laws.

Subletting

Subletting happens when the renter named on the lease (officially called the rental agreement) rents part of the property to another person (the ‘sub-renter’). The person named on the lease becomes the ‘head renter’.

In this arrangement, the sub-renter is not added to the original lease. Instead, a new lease is created between the head renter and the sub-renter. This should be in writing but can also be a verbal agreement.

The head renter is treated as the sub-renter’s landlord (officially called the rental provider), with the same legal rights and responsibilities as any landlord. Likewise, the sub-renter has the same rights and obligations as any renter. The sublease must also be ended in the same way as a regular lease between a landlord and renter.

For a sublease to be lawful, the landlord’s written consent is required. The law states the landlord cannot unreasonably refuse consent to sublet, and if they do, the renter seeking to sublet can apply to VCAT to get consent.

If the head renter sublets without consent, they may receive a ‘notice to vacate’ for unlawful subletting. If someone is misled into believing they have a valid sublease when they do not, they may have a right to seek compensation from the person who unlawfully sublet the property to them.

One way to tell the difference between sublease and a licensee arrangement is that the sub-renter must have ‘exclusive possession’ of part of the property. An example might be a room that is lockable with a key.

Subletting is covered by Victoria’s rental laws. For more information, including how to identify exclusive possession, see our page on lease transfers and subletting.

Licensees

You are a licensee if:

• Your name is not on the lease, and
• A renter whose name is on the lease allows you to live at the property, and
• You are not a sub-renter, because either you cannot show ‘exclusive possession’ over some or all of the property, even if the landlord consents to you living there, or the landlord has not consented to a subletting arrangement

For information about how to identify exclusive possession, see our page on lease transfers and subletting.

Licensee arrangements are not covered by Victoria’s rental laws. This means you will not have the rights, responsibilities and protections renters usually have under those laws – including how you may be ejected from the premises. Licensee arrangements usually occur when you are not named on the lease but are invited to live in the property by housemates who are on the lease. They can also exist when you are invited to live with the property owner. In these situations, your use of a room may not be ‘exclusive’, meaning the housemates or the owner could enter the room from time to time. However, if you are given ‘exclusive possession’ of the room – the right to control the space and who can enter – then you are more likely to be covered by Victoria’s rental laws.

Even if you have an informal agreement that appears to avoid rental laws, or if you are living with the property owner, in some situations Victoria’s rental laws will apply. If you do not have a written lease, it is important to be clear about who is a renter, who is a visitor and who is a licensee.

You can apply to VCAT for a decision on whether you have ‘exclusive possession’. If you are unsure whether you are legally a renter or a licensee, you should seek advice as soon as possible. Tenants Victoria and other organisations can help. See the information on this page about how to get help. For more information about licensees, including how to identify exclusive possession, see our page on lease transfers and subletting.

In some situations, where 4 or more people who are licensees rent rooms in the same premises, the premises may be considered a rooming house. For information about how to identify a rooming house, see our page on rooming houses.

In some situations, such as certain types of student accommodation that are not covered by Victoria’s rental laws, you may still have some protection under the Australian Consumer Law and Fair Trading Act 2012. These matters may be decided by VCAT. If you live in student accommodation and are unsure, see our page on students.

Common property includes all shared property, such as driveways, pathways, stairs, lifts, foyers, and shared gardens. It may also include internal structures, such as ducts for heating and cooling, bulk hot water services and water pipes, and external structures, such as walls, roofs and balconies.

Owners corporations must fix and maintain common areas and shared services. Landlords (officially called rental providers) are not responsible for these areas. However, repairs sometimes require both the landlord and owners corporation to take action.

Owners corporations can also make rules about how common property is controlled, managed or used. Your landlord must give you a copy of these rules before you sign your rental agreement. It is an offence if your landlord does not give you the rules – you can report them to Consumer Affairs Victoria. See the information on this page about complaints. An owners corporation must also tell you if there is any current dispute with the owners corporation that could affect the property you are renting.

An owners corporation cannot make rules that stop you from having a pet in your own home. However, they can make rules about pets on common property, such as what happens if an animal causes danger or nuisance.

Owners corporations also have decision-making processes where property owners can vote on matters such as renovations or other major improvement works. Renters do not have voting rights in these decisions. However, if you think an owners corporation rule is against the law or unreasonably harsh, seek advice. Tenants Victoria and other organisations can help. See the information on this page about how to get help.

If repairs are required to common property, best practice is to report the issue in writing to both your landlord (officially called your rental provider) and the owners corporation.

If a repair issue is not resolved, or there is a dispute over who is responsible for the repairs, you can take either party, or both parties, to VCAT to get an order for the repairs to be carried out.

See the information on this page about disputes with owners corporations. See also our page on repairs and maintenance.

Owners corporations are required to display their contact details by either:

• Keeping a letterbox at the property that has a sign with the owners corporation’s postal address on it, or
• Putting up a sign, either at the main group of letterboxes or main entrance, displaying the manager’s name and postal address

Your landlord (officially called the rental provider) has the following duties under rental laws:

• On or before the day you move in, giving you a written statement setting out your rights and duties as a renter under your lease (officially called a rental agreement) and the rights and duties as the landlord
• Making sure the property is vacant and reasonably clean on the day you move in
• Making sure the property complies with rental minimum standards on the day you move in. See more on our page about minimum standards
• Providing and maintaining the property in good repair, including any common areas such as shared laundries and gardens
• Arranging for repairs to be done by qualified people within the required timeframes. Find out more on our page about repairs and maintenance
• Arranging safety-related repairs and maintenance by qualified people, such as replacing smoke alarm batteries
• Arranging gas and electrical safety checks by qualified people every 2 years and keeping records of the checks
• Ensuring that if appliances, fixtures or fittings that use or supply water, electricity or gas need to be replaced, the replacement meets the legal minimum standard for efficiency. For more information, see the Australian Government websites about water rating and energy rating
• Taking all reasonable steps to ensure you have ‘quiet enjoyment’ of your home. This means living there without interference or disturbance from the landlord or their agent or from things it has the power to prevent. To learn more, see our page on privacy while renting
• Making sure all external doors (except screen doors) have a working deadlock, unless a legal exception requires a different type of lock
• Making sure there are working locks on all windows capable of having a lock
• Providing you with a new key as soon as practicable if the landlord or their agent changes any external door or window lock
• If you change the locks because of family or personal violence, not giving new keys to someone excluded from the property under an intervention order, or who is no longer on the lease

If your landlord does not follow any of these duties, you can give them a ‘notice of breach of duty’. This notice tells them they must fix the problem and/or pay you compensation for any loss you suffered because of their breach. Find out more about giving your landlord this notice on our page about landlord (rental provider) breaches.

For more on your landlord’s duties for maintenance, cleanliness and urgent repairs, see our page about the Consumer Affairs Victoria guidelines. These help renters and landlords follow their duties under rental laws. See also our page on repairs and maintenance.

Your duties as a renter include:

• Not using the property for illegal purposes
• Not causing, or allowing your visitors to cause, a nuisance or interference with the reasonable peace, comfort or privacy of neighbours
• Not intentionally or negligently damaging the property or common areas – this also applies to damage caused by your visitors. Damage does not include fair wear and tear
• Informing your landlord (officially called the rental provider) in writing about any damage or breakdown of facilities as soon as practicable after you become aware of it
• Keeping and leaving the property reasonably clean
• Not removing, deactivating or interfering with safety devices, such as smoke alarms, unless it is reasonable in the circumstances to do so
• Inform your landlord in writing and as soon as practicable if any safety equipment, such as a smoke alarm or pool fence, is not in working order
• Not making modifications to the property that need the landlord’s consent without first getting that consent. See more on our page about modifications
• Returning the property to its original condition on moving out, unless the landlord has agreed this does not need to be done
• If you have made modifications with consent, returning the property to its original condition on moving out, unless the landlord has agreed this does not need to be done
• Allowing the landlord, their agents or contractors to enter your home if you have been given the correct amount of notice and a proper reason under law. See more on our page about your privacy while renting
• Giving your landlord a new key as soon as practicable if you change any external door or window lock
• Not changing a lock in a master key system (where a master key can operate all the locks) without your landlord’s consent

If you don’t follow any of these duties, your landlord may give you a ‘notice of breach of duty’. This notice will tell you to fix the problem and/or pay compensation for any loss your landlord suffered because of your breach. Find out what to do if the landlord gives you this notice on our page about renter breaches.

For more on maintenance, cleanliness, damage and fair wear and tear, see our page about the Consumer Affairs Victoria guidelines. These help renters and landlords follow their duties under rental laws.

RDRV is a free service that helps resolve rental disputes early, without needing to go to a formal hearing at VCAT.

RDRV deals with issues relating to:

• Bonds
• Claiming compensation
• Disputing bond and compensation claims
• Rent increases
• Repairs and maintenance

At RDRV, a resolution coordinator guides discussion between you and your landlord (officially your called rental provider) as you try to negotiate an agreement. This is usually done by phone or videoconference. If you do not resolve the dispute through RDRV, it will go to VCAT for a formal hearing.

For more on applying to RDRV and the dispute resolution process, see our page about going to RDRV (Rental Dispute Resolution Victoria).

For disputes about issues such as eviction, ending your residency agreement and other complex matters, you will need to apply straight to VCAT for a formal hearing.

If you have a dispute with the landlord (officially called the rental provider) or their agent, VCAT can make the final decision. It is not a court, but its decision must be followed.

If you apply to VCAT, you are called the ‘applicant’. You are making the claim. At other times you may be the ‘respondent’, defending yourself against a claim that the landlord or their agent has made.

If you apply to VCAT to resolve a dispute, there may be an application fee. If you are eligible for a fee waiver, you won’t have to pay it.

VCAT will let you know when and where the hearing will take place and what you need to bring.

If you are the applicant, you will need to prove to VCAT that the landlord did not follow the law or the lease (officially called the rental agreement) in some way. If you are the respondent, the landlord or their agent needs to prove the same against you.

Find out more on our page about going to VCAT.

Tenants Victoria does not give advice on disputes between co-renters, as we cannot take sides between renters, with the exception of family and personal violence situations affecting your rental.

VCAT cannot usually deal with disputes between co-renters. The are only a few exceptions, such as cases involving family violence or personal violence where rental laws allow VCAT to change agreements and decide who is responsible for debts and losses.

If a dispute has come up between you and your co-renters, first try to resolve it between yourselves with good communication. If that fails, you can try mediation through the Dispute Settlement Centre of Victoria. Mediation is a free, confidential and voluntary process, where people resolve their issues with the help of a mediator, who is a trained professional who doesn’t take sides. All renters in the dispute must agree to go to mediation. Call the Dispute Settlement Centre on 1300 372 888 or visit the Dispute Settlement Centre of Victoria website.

If you need legal advice, the Federation of Community Legal Centres (FCLC) can refer you to a community legal centre in your area. Community legal centres provide free legal advice to eligible people, but not all of them are able to advise on rental matters or disputes between co-renters. Call the FCLC on 9652 1500 or visit the FCLC website.

If you invite someone to live in your home as a guest or to share a room, you are responsible to your landlord (officially called the rental provider) for any damage or loss they cause. The rights of people in this situation, who legally are called licensees, are not clear under rental laws.

You may withdraw your consent and ask a guest to leave at any time. If they refuse to leave within a reasonable period, they may be trespassing. If the person has lived in your home for a while, you may need to allow more time for them to leave, unless there is an immediate risk to your safety or others in the household.

VCAT does not generally deal with licensee arrangements, but some issues can be decided in the Magistrates’ Court. However, this is costly and impractical for many people.

If you believe you are actually a sub-renter and the owner or renters believe you are a licensee, you can apply to VCAT for an order to confirm whether the rental laws apply to you. If VCAT finds that you are a sub-renter, you may also seek a restraining order to protect your right to stay in the property.

If the owners corporation has broken a rule or regulation of the Owners Corporation Act 2006, you can apply to VCAT, via its Owners Corporations list.

Renters’ issues with owners corporations are usually about the repair, maintenance and use of the common property.

Owners corporations can also apply to VCAT if renters or their guests breach owners corporation rules. Owners corporations cannot evict a renter.

If you have a repairs dispute against both the landlord (officially called the rental provider) and the owners corporation, you can apply to VCAT under its Residential Tenancies list and give a copy to both the landlord and the owners corporation. In your application, you should include a request to ‘join’ the owners corporation to the dispute.

Repair applications involving landlords usually go first to Rental Dispute Resolution Victoria (RDRV). However, if the matter involves an owner corporation, it will usually go directly to a VCAT hearing.

To learn more, see our page about going to VCAT.

To make a complaint to Consumer Affairs Victoria about a landlord (officially called a rental provider) or their agent, you can use its general complaint form or call 1300 558 181.

Consumer Affairs Victoria may send the landlord or their agent a warning letter or a fine, or even take them to court for the most serious matters. Going to court could mean bigger fines or even a criminal conviction.

You can also complain to Consumer Affairs Victoria about behaviour or offences by an owners corporation.

Be aware that if you complain, Consumer Affairs Victoria cannot force your landlord to give you compensation.

If you believe you have been discriminated against by the landlord (officially called the rental provider) or their agent, or an owners corporation, you can make a complaint to the Victorian Equal Opportunity and Human Rights Commission. Use the make a complaint form on the commission’s website or call 1300 292 153.

See more on our page about reporting discrimination.

If you need support dealing with issues in a private rental, help is available.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords in numbered sections.

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

For a list of links to relevant sections of the Act that relate to the topics mentioned on this page, see the related topics section.

The Owners Corporation Act 2006 deals with owners corporations, including:

• Section 46 – Owners Corporation to repair and maintain common property
• Section 47 – Owners Corporation must repair and maintain services
• Section 47A – Lot owners must not repair, alter or maintain common property or services
• Section 162 – VCAT may hear and determine disputes
• Section 163 – Who may apply to VCAT in relation to a dispute?
• Section 165 – What orders VCAT can make
• Section 166 – Penalty for breach of rules
• Section 167 – What VCAT must consider
• Section 168 – Monetary orders