Lifehacks 

Does landlord owe a duty of care?

Leia Doyle

Does landlord owe a duty of care?

Your landlord owes you certain duties of care that are set out in this Act. They include a duty to prevent personal injury or damage to property caused by defects in your home. The duty is owed if the landlord knows or ought to have known about the repair, even if you haven’t told your landlord.

Can a tenant refuse landlord inspection?

In most instances, yes. The minimum notice a landlord is required to give by law is 24 hours, but they can give longer should they wish to do so. Many landlords chose to do just that, as it allows them to diarise the appointment and gives the tenant fair notice to ensure they are present when the landlord calls.

Can a landlord apply for a VCAT termination order?

This is in effect for a temporary period due to the COVID-19 Omnibus (Emergency Measures) Act 2020. Under section 548, 558, 569 and 581 of the Act, a landlord can apply for either: a termination order – where VCAT makes an order ending the tenancy on a specified date.

What do landlords want out of a VCAT bond?

The landlord wants money out of the bond and for the tenant to pay further compensation for unpaid rent, and/or loss or damage to the property. Be clear about the outcome you want and the orders you want VCAT to make in your application so we can progress it without delay or rejection.

What are the most common renting issues taken to VCAT?

This is a list of the most common types of renting issues taken to VCAT. The section numbers may help you complete your application, understand why you have been taken to VCAT and learn the types of supporting documents you should gather. This page lists common types of renting issues taken to VCAT.

Do you have to send a notice to vacate to VCAT?

For some residential tenancy issues, you must send a notice (eg. notice to vacate) to the renter (tenant) before you can apply to VCAT. When you send a notice, there is a minimum time you must wait before you can take further action. This period of time is set by the Residential Tenancies Act 1997 and is called the ‘ minimum notice period ’.