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Victorian Tenancy Law Changes 29 March 2021 - Issue 1

The Victoria Government is taking another step towards making renting fairer for all Victorians, with new rules to ensure every rental property meets basic standards. The details of a draft of new rental regulations have been released by the Victorian Government, with the changes to come into effect on March 29, 2021. As a "Rental Provider ", you'll find changes coming to terminology, condition reports, rental agreements, pre-contractual disclosure and safety compliance etc. As your agent Elite Real Estate will introduce a serious article and industrial update to let our valued clients like you to aware all the changes, and how it will affect to our daily life and work. In the meantime, if you would like to know more about the Victorian New Tenancy Regulations, please call any one of our rental team members. We will do our very best to help you with your property assets needs to ensure you get the very best outcome.

1.Terminology Change

• Tenant -> Renter

• Landlord -> Rental Provider

• Lease/Tenancy Agreement -> Rental Agreement

2. Condition Report Change

• Any maintenance noted by Renter in the Condition Report is to be considered equivalent to giving the Agent written notice.

• Provide date of last smoke alarm, gas, elec and pool safety checks are to be included on Condition Report by rental provider or their agent.

• Renter can apply to VCAT to have the Condition Report updated up to 30 days after moving in.

• Exit report must be completed within 10 days and Renter must be given opportunity to attend.

• All photos should be time stamped and dated.

3. Rental Agreement Change

• Current Victoria prescribed lease will no longer be used, we will adopt the prescribed format set down in the regulations.

• We will provide all users of the prescribed agreements with standard Additional Terms included in the agreement by default, users can remove these Additional Terms or add any custom items they may need. We will send you a link to view the new Rental Agreement once it’s ready, so our clients could familiar it early.

• Non-prescribed leases will remain as is, if you wish to continue using your own agreement you can, but they will need to be manually updated to be compliant. At any point, non-prescribed templates can be switched over to the prescribed format.

4. Important Compliance Change

Due to the new requirements of residential tenancy act changes, landlords need to provide the certificate for checks on Gas appliances, Smoke Alarms, Electrical safety and pool compliance every two years, we have added a new feature to our Owner Instruction forms to help get our owners opted in to a servicing plan.

5. Pre-Contractual Disclosure

To help with the new information that is required to be disclosed to any new Renters, we are working with our Technical Provider (IPE) to add these queries to our Owner Instructions forms. This will allow you and our Property Manager to gather that information in a signed document complete with a new legal requirements.

Disclosure items including but not limited to:

• Embedded network operator details

• If the property has been the location of homicide or drug trafficking/manufacture.

• If the property has required repairs due to mould/damp.

• Owner's intention to sell the property.

• Safety check dates (Gas, Elec, Smoke Alarm, Pool Compliance) and any outstanding recommendations.

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