Anyone who has signed a rental agreement (lease) must comply with both the terms of that agreement and with the Residential Tenancies Act 1997. This includes:
If a renter or rental provider has not met a specific ‘duty’ under the Act, this is called a breach of duty. The other person can give them a breach of duty notice. This is a formal warning saying that the person has not met their obligations. If the person who breached their duty and received the notice does not fix the problem or start meeting their obligations, they can be taken to the Victorian Civil and Administrative Tribunal (VCAT), who will make a decision about what should happen. The person may be required to pay for any loss or damage caused by the breach.
If a renter or rental provider has not met all their obligations under their rental agreement, this is a breach of the agreement. In this case, the other person can not give them a breach of duty notice, but they can apply to VCAT for a compliance order.
Breach of duty notices are used to tell someone they have not complied with certain terms and conditions of the Residential Tenancies Act 1997. The notice must be given in writing.
The notice must state:
If a rental provider, park operator, site operator or site owner breaches the terms and conditions of Residential Tenancies Act, the renter, resident or site tenant should use one of these breach of duty notices:
After the rental provider receives the breach notice, they must fix the breach within a specific timeframe, depending on the breach. The rental provider may also have to compensate the renter.
Breach
Timeframe
The rental provider has not given the renter quiet enjoyment of the property (quiet enjoyment means their right to peace, comfort and privacy)
The premises are not suitable for occupation
The property is not maintained or in good condition
Replacement water, gas or electrical appliances, fittings or fixtures do not meet minimum efficiency standards
The rental provider has not provided window locks or deadlatches for all external doors
If you are a rental provider who receives a breach of duty notice but don’t think you have done anything wrong, you should try to resolve matters with the renter. If this doesn't work you can apply to VCAT.
If a renter, resident or site tenant breaches the terms and conditions of the Residential Tenancies Act, the rental provider, park operator, site operator or site owner should use one of these breach of duty notices:
After the renter receives the breach notice, they must fix the breach within a specific timeframe, depending on the breach. The renter may also have to compensate the rental provider.
Note: Please read the notice carefully to ensure it identifies the correct timeframe for the breach you are seeking a remedy for.
Breach
Timeframe
Not letting the rental provider or real estate agent enter the property to show a prospective buyer or lender after proper notice has been given.
Not providing access to someone who needs to value the property after proper notice has been given.
Not providing access to someone who has reasonable cause to believe that the renter has broken the law or breached their rental agreement after proper notice has been given.
Causing a nuisance
Interfering with the peace, comfort or privacy of neighbours.
Damage to the property or common areas
Not keeping the property reasonably clean
Installing fixtures or making changes to the property without the rental provider’s consent except for modifications that are allowed under the law
Not returning the property to the way it was before installing fixtures or making changes
Not giving the rental provider a key to any new door or window lock
Changing a lock without the rental provider’s consent (except in family violence situations)
Not letting the rental provider or agent enter the property for a general inspection if it has not been inspected within the last six months after proper notice has been given.
Not letting the rental provider or a someone acting on their behalf (such as a tradesperson) enter the property to carry out their duties under the rental agreement after proper notice has been given.
If you are a renter who receives a breach of duty notice but don’t think you have done anything wrong, you should try to resolve matters with the rental provider. If this doesn't work, you should write down your objection and gather evidence to support your position. You can contact us for further information.
If the person who was given the breach of duty notice does not fix the breach or pay costs, the person who issued the notice can apply to VCAT. VCAT can make a compliance order and a compensation order.
If the breach happens three times, and a valid breach of duty notice was issued after the first two times, the person who issued the notice can give intention of notice to vacate (if they’re a renter) or notice to vacate (if they’re the rental provider).
If a rental provider or renter breaks the terms of the rental agreement, they should try to negotiate with the other person to resolve the dispute. However, if you can’t agree about what should happen, either person can apply to VCAT.
We can issue infringement notices to rental providers and their agents if we identify breaches of some sections of the Residential Tenancies Act 1997. This will result in a penalty.
In very serious cases, instead of issuing an infringement the Director of Consumer Affairs Victoria may apply to the Magistrates’ Court to order a person to pay a civil pecuniary penalty. The penalty amount will usually be higher than the fines for an infringement notice.
To issue a breach of duty notice to a rental provider, a rooming house operator, a caravan park owner or a site owner, use one of these forms:
To issue a breach of duty notice to a renter or a resident of a rooming house or caravan park, use one of these forms:
If you want to know what the law says about breaches of duty, read this section of the Residential Tenancies Act 1997: