Victorian Current Acts Victorian Current ActsS. 64(1) substituted by No. 45/2018 s. 49(2).
(1) A renter may make any modifications to rented premises that are prescribed modifications without the residential rental provider's consent.
S. 64(1A) inserted by No. 45/2018 s. 49(2).
(1A) A renter must not, without the residential rental provider's written consent—
(a) install any fixtures on the rented premises; or
(b) make any alteration, renovation or addition to the rented premises that are not prescribed modifications under subsection (1).
S. 64(1B) inserted by No. 45/2018 s. 49(2).
(1B) A residential rental provider must not unreasonably refuse consent to modifications made by the renter—
(a) that do not penetrate or permanently modify—
(i) surfaces; or
(ii) fixtures; or
(iii) the structure of the property; or
(b) that are required for health and safety purposes; or
(c) that are—
(i) reasonable alterations within the meaning of section 55 of the Equal Opportunity Act 2010 ; and
(ii) assessed and determined to be required modifications by an accredited occupational therapist or a prescribed practitioner; or
(d) that ensure access to telecommunications services; or
(e) that are reasonable security measures; or
(f) that are necessary to ensure the safety of a party to the existing residential rental agreement who—
(i) has been or is being subjected to family violence by another party to that agreement (including a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO); or
(ii) is a protected person under a personal safety intervention order made against another party to that agreement; or
(g) that are necessary to—
(i) increase the thermal comfort of the premises; or
(ii) reduce energy and water usage costs for the premises; or
(h) that are prescribed modifications for the purposes of this subsection.
S. 64(1C) inserted by No. 45/2018 s. 49(2).
(1C) Without limiting a residential rental provider's right to refuse consent to a modification, the residential rental provider may refuse consent if—
(a) a valid notice to vacate has been given to the renter in connection with an imminent change of possession, use or ownership of the rented premises; or
(b) the modification—
(i) would significantly change the premises; or
(ii) would require modifications to other premises or common areas; or
Note
Section 56 of the Equal Opportunity Act 2010 applies to alterations to common property.
(iii) would result in non-compliance with any other Act or law; or
Example
Non-compliance with the Building Act 1993 .
(iv) would result in additional maintenance costs for the residential rental provider if the rented premises were not restored at the end of the renter's occupation of premises; or
(c) any action required to restore the rented premises to the condition the premises were in immediately before the modification is not reasonably practicable in the circumstances.
S. 64(1D) inserted by No. 45/2018 s. 49(2).
(1D) Subsection (1C) does not apply to a modification referred to in subsection (1B)(c).
S. 64(1E) inserted by No. 45/2018 s. 49(2).
(1E) A residential rental provider may require that any modification permitted under this section is to be completed by a suitably qualified person.
S. 64(2) amended by No. 45/2018 s. 49 (3)(a)(i)−(iii).
(2) Before a residential rental agreement terminates, a renter who has installed fixtures on or renovated, altered or added to the rented premises (whether or not with the residential rental provider's written consent) must—
(a) restore the premises to the condition they were in immediately before the installation, renovation or addition, fair wear and tear excepted; or
S. 64(2)(b) amended by No. 45/2018 s. 49(3)(a)(iv).
(b) pay the residential rental provider an amount equal to the reasonable cost of restoring the premises to that condition.
(3) Subsection (2) does not apply if—
S. 64(3)(a) amended by No. 45/2018 s. 49(3)(b)(i).
(a) the residential rental agreement otherwise provides; or
S. 64(3)(b) amended by No. 45/2018 s. 49(3)(b)(ii).
(b) the residential rental provider and the renter otherwise agree.
S. 64(4) inserted by No. 45/2018 s. 49(4).
(4) For the purposes of subsection (2), a residential rental provider may require the renter to pay an additional amount of bond, unless—
(a) the amount of bond is less than $500; or
(b) the amount of bond is not proportionate to the reasonable costs of restoring the premises to the condition the premises were in immediately before the modification; or
(c) the residential rental provider and renter have agreed under subsection (3) that the renter is not required to restore the premises; or
(d) the residential rental provider has agreed that the modification is funded by a scheme under a condition that the rented premises does not need to be restored.
S. 64(5) inserted by No. 45/2018 s. 49(4).
(5) Subject to subsection (6), a renter may apply to the Tribunal for determination of a claim that the residential rental provider has unreasonably refused consent under this section.
S. 64(6) inserted by No. 45/2018 s. 49(4).
(6) A renter must not apply to the Tribunal under subsection (5) if the renter has brought a dispute under Part 8 of the Equal Opportunity Act 2010 in respect of a claim or facts which could form the basis of the application under subsection (5).
S. 64(7) inserted by No. 45/2018 s. 49(4).
(7) The Tribunal must hear an application under subsection (5) within 5 days after the application is made.
Note to s. 64 inserted by No. 45/2018 s. 49(4).
Note
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Pt 2 Div. 5A (Heading) inserted by No. 45/2018 s. 50.
Division 5A—General duties of residential rental providers
S. 65 (Heading) inserted by No. 45/2018 s. 51(1).