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Register of 'dodgy' rental providers

Information about the register that can warn prospective renters about rental providers or agents who break the law or breach VCAT orders.

From 29 March 2021 there is a mechanism of registering rental providers and their agents who break the law or who breach VCAT orders.

From this date, the Director of Consumer Affairs Victoria must establish and maintain a register of residential rental providers where VCAT has made an order that the rental provider must:

  • remedy a breach
  • pay compensation
  • refrain from committing a breach, or
  • committed an offence under the Residential Tenancies Act 1997.

The information to be kept is:

  • name of the rental provider
  • address of the rented premises that are subject the order or offence
  • name and business address of any agent used
  • date of order made by VCAT
  • the provision of the Act that was breached
  • date of conviction or finding of guilt (where offence was found)
  • any information the Director believes is relevant.

Must advise the rental provider or agent before listing

Listings cannot be made unless the person to be listed has been given a copy of the personal information or reasonable steps have been made to do so. The person must be given 14 days to respond and the Director must take any response into account. This does not appl if the information is publicly available court or VCAT record.

This information may only be kept for up to 3 years.

A person whose personal information has been added to the register may seek to have the information amended or removed at VCAT.

See s. 439R, Part 10B—Residential Tenancies Act 1997 (Vic)(opens in a new window).

See 'Detailed reference guide 8: Rental provider non-compliance register' in Consumer Affairs Victoria—Resources for practitioners(opens in a new window).

Challenging the information

Anyone who has been listed on the register can make an application to VCAT asking the director to amend or remove material.

See s. 439T—Residential Tenancies Act 1997 (Vic)(opens in a new window).

More information

Legislation

Residential Tenancies Act 1997 (Vic)

  • Part 10B—rental non-compliance register
    • s. 439P—rental non-compliance register
    • s. 439R—restriction on listing personal information
    • s. 439T—application to VCAT for amendment or removal of information
    • s. 439U—what VCAT may order

See Residential Tenancies Act 1997 (Vic)(opens in a new window).

Updated