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Big Changes to Victoria’s Rental Laws from 25 November 2025

 

Big Changes to Victoria’s Rental Laws from 25 November 2025

What Property Investors Need to Know

From 25 November 2025, the Residential Tenancies Act 1997 in Victoria is undergoing significant reform as part of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025.

If you own an investment property in Victoria, these changes will affect:

  • How applications are handled
  • What information can be collected and how it must be stored
  • How and when you can increase rent
  • Minimum standards and advertising
  • Notice periods when ending a tenancy

Below is a plain‑English overview of the key changes and what they mean for you as a rental provider (landlord).


Rental Applications

Going forward, rental applications must be in a prescribed (standard) form.

  • You and your agent cannot create your own application form or use alternative versions.
  • Using a non‑prescribed form can attract significant penalties.

What this means for investors

  • Your property manager should transition all application processes to the new prescribed form.
  • If you self‑manage, you’ll need to stop using any custom forms and switch to the official version once released.

Limits on what can be asked from applicants

The reform now defines “renter’s information” as any information provided to:

  • Apply for a rental, and
  • Allow you or your agent to manage the agreement.

You and your agent will only be able to request prescribed types of information, such as:

  • Identity details
  • Financial information
  • Employment information
  • Other matters set out in regulations

Investor lens:
This is about standardising and limiting what can be asked, to reduce over‑collection of personal data and ensure fairness. Your application process will likely become more streamlined and consistent with the rest of the market.


Rent Offers and Rent in Advance

A key change targets rent bidding behind the scenes.

  • If your property is advertised at a certain rent, you or your agent must not accept an unsolicited or uninvited offer of a higher amount.

For investors:
You’ll need to set your asking rent carefully and rely on pricing strategy and presentation, not informal bidding wars.

Limits on rent in advance

The rules around rent in advance are tightening:

  • You and your agent must not solicit or invite rent more than one month in advance.
  • You also must not accept an unsolicited or uninvited offer to pay more than one month in advance.

For investors:
This is designed to stop renters feeling pressured to offer large sums up front to secure a property. 

Fees for applications and rent payments

A new provision bans most businesses from charging fees related to rental applications or rent payments.

  • Cannot charge: Third‑party businesses trying to add extra fees to the rental process.
  • Can charge:
    • The rental provider (you)
    • Your agent
    • Banks and other authorised deposit‑taking institutions

For investors:
This is mainly a restriction on third‑party “junk fees”. Your management fees and bank charges are not the target here, but it’s worth ensuring any third‑party services used by your agent comply.


Rent Increases

90 days’ notice for rent increases

Across several parts of the Act, the minimum notice period for rent increases is being extended from 60 days to 90 days.

This affects:

  • Standard residential rental agreements
  • Rooming houses
  • Caravan parks and site tenants
  • Certain other specialised arrangements

For investors:

  • You’ll need to plan rent reviews earlier and allow for a three‑month lead time.
  • Cash flow planning should factor in the longer notice period, especially in rising markets.

Complaints about “excessive” rent

When renters or residents complain about excessive rent, the Director and VCAT already consider specific factors (like market rent and property condition).

The amendments now allow them to also consider “prescribed matters” – additional factors that can be added through regulations.

For investors:

  • There is more scope for the regulator to consider a broader set of factors over time.
  • Keeping your rent increases evidence‑based and well‑documented (market data, condition, improvements) will be more important than ever.


Minimum Standards and Advertising

The new reform states that you or your agent must not advertise or offer a property for rent unless you reasonably believe it meets the rental minimum standards at the time of advertising.

For investors:

  • You’ll need to ensure the 15 minimum standards (e.g. heating, security, safety, including blind cord safety from Dec 1st) are met before the property goes online.
  • Expect your property manager to formalise pre‑listing checks and keep evidence (photos, reports, certificates).

This shift pushes compliance to the start of the leasing process, reducing the risk of disputes later.

Smoke Alarms

For every rental property, you must ensure each smoke alarm is:

  • Correctly installed and in working condition
  • Fitted with batteries or replacement batteries
  • Tested at least once every 12 months in line with the manufacturer’s instructions

This applies regardless of when the agreement started - before, on, or after 29 March 2021.

Urgent repairs and qualified trades

  • If a smoke alarm doesn’t meet these requirements, the renter can request urgent repairs.
  • Once notified, you or your agent must immediately arrange repairs.
  • If the smoke alarm is mains‑powered, testing, repair or replacement must be done by a suitably qualified person (e.g. licensed electrician or specialist contractor).

For investors:

  • Annual smoke alarm servicing is no longer just “best practice” – it’s effectively a legal expectation.
  • You should ensure your property manager:
    • Has a scheduled annual program for smoke alarm testing,
    • Uses qualified contractors where required, and
    • Keeps clear records of testing and repairs.


Ending Tenancies: Longer Notice and Some Grounds Removed

For several termination reasons, the required notice period increases from 60 days to 90 days, including when:

  • The property is needed for repairs or demolition
  • The property will be used for business
  • You or your family will move in
  • The property is to be sold
  • The property is required for public purposes
  • Similar provisions apply for rooming houses, caravans and site tenants

For investors:

  • You’ll need to plan sales, renovations and move‑ins earlier.
  • If you’re considering selling with vacant possession or undertaking major works, build in the 90‑day notice period to your timeline.

Some termination grounds repealed (with transition)

Certain termination sections (including 91ZZD and 91ZZDA) are being repealed.

  • Any notices to vacate issued under those sections before repeal will still operate until the termination date stated in the notice.

For investors:

  • If you already have a notice to vacate issued under those repealed sections before the changes start, it should continue to operate.
  • For any new notices, your agent must rely on the current grounds and timeframes under the amended Act.


Renter Data, Privacy and Information Handling

You or your agent are considered to hold renter information if:

  • It’s in a document you possess or control (alone or with others),
  • Regardless of where it’s stored – including cloud systems outside Victoria.

This clearly covers both paper files and digital records.

Protecting renter information

You and your agent must take reasonable steps to protect renter information from:

  • Misuse or loss
  • Unauthorised access, modification or disclosure

In practice, this means:

  • Secure storage (locked cabinets, secure digital systems)
  • Access controls (only appropriate staff can see certain data)
  • Clear policies on how long information is kept and when it’s destroyed

How long can you keep renter information?

Unless an exception applies, renter information must be:

  • Destroyed or permanently de‑identified:
    • Within 3 years after the rental agreement ends (for renters), or
    • Within 30 days after a new agreement is entered for that property (for unsuccessful applicants),
    • Or up to 6 months if the applicant has given written consent for their information to be used to apply for other premises.

There are exceptions where information can be kept longer, including:

  • Where it’s needed for law enforcement, court or Tribunal matters
  • Where the renter or applicant has given written consent for a specific purpose
  • Where another law or court/Tribunal order requires it to be kept

When can renter information be disclosed?

Renter information must not be disclosed unless one of the following applies:

  • The renter or applicant has given written consent
  • There is a court or Tribunal order
  • Another law authorises the disclosure
  • It’s necessary to prevent or lessen a serious threat to a person’s life, health, safety or welfare, or to public health/safety/welfare
  • It’s reasonably believed to be necessary for law enforcement (e.g. investigating offences, enforcing orders)
  • It’s requested by ASIO or ASIS in connection with their functions
  • It’s necessary for court or Tribunal proceedings
  • It occurs in a prescribed circumstance set out in regulations

These obligations sit alongside existing privacy laws such as the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014.

For investors:

  • You should ensure your property manager has:
    • A clear data retention and destruction policy,
    • Secure systems for storing applications and tenancy records, and
    • A process for handling information requests and disclosures lawfully.


What Smart Investors Should Do Now

For Victorian property investors, these reforms are not just legal changes – they’re a risk and compliance update to your investment strategy.

Key actions to consider

  • Review your managing agent’s processes

    • Are they ready to switch to the prescribed application form?
    • Do they have clear policies for data security, retention and destruction?
  • Plan for 90‑day rent increase notices

    • Build the longer notice period into your cash flow and rent review planning.
    • Make sure rent increases are evidence‑based and well‑documented.
  • Confirm minimum standards before advertising

    • Ask for a pre‑listing compliance check and evidence that your property meets minimum standards.
  • Lock in annual smoke alarm servicing

    • Ensure there is a documented annual program for smoke alarm testing and repairs, using qualified trades where required.
  • Update your expectations around terminations and sales

    • If you’re planning to sell, renovate or move a family member in, factor in the 90‑day notice and current grounds.


Final Thoughts

For investors, the key is to stay ahead of the curve. With the right systems and a proactive property manager, these changes can be managed smoothly while still protecting your returns and your asset.

For more information or to receive a rent-ready checklist, please reach out.