Renters in Wyndham – Frequently Asked Questions Answered

Whether this is your first time renting a property, or you just want some clarification of legislations around the Victorian rental laws, Established Property has the answers for you. We also have information on investment properties and property management service for rental providers. But here, we will answer the most frequently asked questions from renters in Wyndham.

What is the difference between a fixed term and a periodic rental agreement?

Fixed term agreements have a start and end date. Periodic or month to month agreements do not have an end date.

When a fixed-term rental agreement ends, it will automatically turn into a periodic agreement, unless either the Rental Provider or the Renter gives notice to end the agreement or chooses to start a new fixed-term agreement.

How much notice do I need to provide if I want to vacate and my lease has expired?

If you are a renter, you are required to provide 28 days’ notice in writing that you intend to vacate. The notice to vacate for an end of fixed-term agreement must specify a termination date on or after the end date listed in the rental agreement.

If you are an owner and require possession of the property, a notice to vacate can be served for specific reasons with minimum notice periods applicable – further information can be found on Consumer Affairs Victoria Website.

How often can routine inspections be completed?

Inspections can be carried out 3 months after the lease commencement date and every 6 months thereafter.

Can I break my lease?

A Renter may break a Rental Agreement should they need to vacate prior to the expiration of the Lease. It is advised to contact your Property Manager as soon as your circumstances change and you need to break your Rental Agreement, as fees do apply.

When can a rental increase be implemented?

Rental Increases can be applied every 12 months, unless you are on a periodic agreement that commenced prior to the 19th June 2019. In that case, rent can be increased every 6 months.

A Rental Provider must give a minimum period of 60 days’ notice before a Rental increase takes effect.

Do I need any form of insurance?

Yes. The best time to start the insurance cover is the day of the lease commencement date. It is highly recommended that you have contents insurance. Damage to your goods can occur in the property and contents insurance can help you cover the cost of repairing or replacing your belongings that have been damaged or stolen as a result of an incident.

Why do compliance inspections have to be carries out and how often?

Legislation states that compliance inspections on all rented properties need to be carried out as follows:

• Smoke alarm- every 12 months,
• Gas and electrical appliances – every 24 months.

These inspections are required to ensure that all smoke, gas and electrical fittings are operating safely and pose no risk of harm to the occupants.

If the property is deemed non-compliant, the Regulations require that those areas of the property must be rectified by the owner.  The Renter may contact Consumer Affairs Victoria (CAV) for information on how to progress the areas of non-compliance and request rectification as a matter of urgency.

How do I report a maintenance/repair issue for the property I reside in?

Contact the managing agent as soon as the repair has been noted. The repair request needs to be lodged in writing via email and where possible provide as much detail as possible including photos.

Urgent repairs are:

• An essential service or appliance for hot water, cooking, heating and cooling
• Blocked or broken toilet
• Serious roof leak
• Gas leak
• Dangerous electrical fault / no power at the property
• Flooding or serious flood damage
• Serious storm or fire damage
• The gas, electricity or water supply is not working
• A safety –related device, such as a smoke alarm or pool fence, is not working
• A serious problem with a lift and or staircase
• An appliance, fitting or fixture that is not working and causes a lot of water to be wasted
• Any fault or damage in the property that makes it unsafe or insecure, including pests, mould or damp caused by or related to the building structure.

If an urgent repair occurs outside of business hours, the Renter must call the office immediately.  The emergency phone will either be answered by a Property Manager or a voice message will need to be left. Please state the property address, your name, contact number and details of the repair/ issue. A Property Manager will return your call.

If the repair relates to flood or storm damage that has caused any of the following :
A tree has fallen and caused structural damage, there is damage to your roof or it is leaking significantly, a tree or large branch has fallen and is preventing you from entering or leaving your home or your property is flooded or about to flood then you should contact the SES to seek assistance immediately as well a reporting the issue your managing agent. SES contact number is 132 500.

What if the owner does not respond to an urgent repair request?

If there is no other option, Renters can arrange and pay for urgent repairs themselves. When: (i) they have notified the Rental Provider or Property Manager and there is no response within a reasonable time frame and (ii) urgent repair costs $2500 or less.

Renters should keep all receipts and give the Rental Provider a written notice asking them to repay the cost of the urgent repairs. They must do this within seven days of the repairs being made.

Rental Providers have seven days to pay the Renter’s costs from the date they receive written notice from the Renter. If the Rental Provider does not repay the Renter within seven days, the Renter may apply to VCAT for an order for immediate repayment of costs incurred.

How long does an owner have to repair a non-urgent repair?

The Rental Provider should respond to a repair request within 14 days of it being made.  If the Rental Provider does not complete the repair in a timely manner, the Renter can contact CAV and request they undertake a Repairs Inspection. Provide a report of the work required and direct the Rental Provider to perform the repairs. Does the Rental Provider not undertake the works in the CAV report? Then the Renter may apply to VCAT to enforce the report.

Conclusion

We hope this post has been informative for you. More information for renters can be found on our website. If you are looking for homes for rent, please do not hesitate to contact us. Our leasing team and property management department are always willing to help renters in Wyndham find their perfect home.