Victorian renters still leaving after notices assessed as invalid

Victorian renters may still be losing their homes after asserting basic tenancy rights, despite the state having abolished no-grounds evictions.

A report by community legal centre Anika Legal examined 64 renters who received a notice to vacate within six months of exercising, or proposing to exercise, a rental right. The cases included renters seeking repairs and challenging decisions by rental providers or agents.

Anika assessed 57 per cent of the notices in its casework as invalid. Among matters where the eventual eviction outcome was known, 79 per cent ended with the renter leaving the property.

The findings do not establish how common retaliatory eviction is across Victoria. The cases came through a legal service assisting renters experiencing disputes, rather than a representative survey of every tenancy. They nevertheless highlight the practical difference between rights written into legislation and a renter’s ability to use those rights without risking their housing.

Repairs followed by notices

Of the 64 renters examined, 43 had requested repairs before receiving a notice to vacate. Anika’s telephone survey of 31 renters found that 85 per cent of those who had sought repairs still had incomplete work when they left.

One renter described in Monday’s realestate.com.au coverage had moved into a property where the oven smoked and could not be repaired. She said the rental provider offered to reimburse the cost of an air fryer rather than replace the oven.

Consumer Affairs Victoria requires supplied cooking appliances to be maintained in working order. However, the renter said she feared that escalating the dispute could threaten her tenancy or make it harder to obtain a reference for her next home.

That fear is important in a tight rental market. A renter may technically be able to dispute a notice or seek an order for repairs, but the time, uncertainty and prospect of needing another home can encourage them to leave before the legality of the notice is fully tested.

The claimed enforcement gap

Victorian rental providers must give an approved reason when ending a tenancy. Depending on the circumstances, reasons can include selling the property, moving into it, rent arrears or reaching the end of certain fixed-term agreements.

Anika Legal argues the rules do not adequately address a notice that uses an approved reason as a cover for retaliation. Selling was the most common reason stated in its casework, accounting for 34 per cent of the notices examined.

The legal centre wants renters to be able to bring a direct claim at the Victorian Civil and Administrative Tribunal alleging that a notice is retaliatory. It proposes that VCAT should be able to invalidate the notice and award compensation where retaliation is established.

Anika also wants specified notices recorded with Consumer Affairs Victoria, including the property, stated reason and termination date. A central record could make it easier for regulators to identify properties that are quickly re-let after a renter was told they had to leave because of a sale or owner occupation.

Any reform would need to preserve legitimate possession rights. Owners sometimes genuinely need to sell, undertake major work or move themselves or a family member into a property. The policy question is how evidence should be checked without placing the entire enforcement burden on a renter facing displacement.

What renters can do now

A notice to vacate does not itself authorise an immediate physical eviction. Anika Legal says a rental provider must follow the legal process, and a renter who remains after the notice date cannot be removed without a VCAT possession order and a warrant.

Renters who suspect retaliation should keep repair requests, photographs, inspection reports, emails and messages. They should seek tenancy advice promptly because notice periods and dispute procedures can be time-sensitive.

What it means for you

• Renters should make repair requests in writing and retain a complete record of the response.
• Receiving a notice does not necessarily mean the notice is valid or that the renter must leave immediately.
• Rental providers should retain evidence supporting any stated reason for ending a tenancy.
• The report reflects selected legal casework, not the rate of invalid notices across all Victorian rentals.