Things you should know when looking for a housing

Renting with other people

If you’re planning to live in a rental property with other people (for example, in a Share house), you should learn more about your rights and responsibilities under different renting arrangements.

• Co-renting involves each person renting the property signing the rental agreement. Under this arrangement, all co-renters are responsible for paying rent. If you are co-renting, you can be held liable if other co-renters fail to pay rent or cause damage to the property.  

• Sub-letting involves a sub-renter renting part or all of a property from a head renter, who in turn is renting the property directly from the rental provider. The head renter’s name is on the rental agreement, while the sub-renter’s name is not. Under this arrangement, the head renter must seek permission from the rental provider to sub-let. The head renter also takes on the responsibilities of a rental provider. If you are a sub-renter, your relationship with the head renter is the same as the head renter’s relationship with the rental provider.

For more information about different renting arrangements in share houses, visit: Tenants Victoria

Rent Bidding

Rent bidding involves potential tenants offering to pay more than the advertised rental price to secure a rental property. Under Victorian rental laws, rental providers and their agents cannot invite rental bids or solicit offers to pay rent higher than the advertised price. Rental providers can only advertise rental properties at a fixed price. However, some renters make their own unsolicited bids and offer to pay higher rents or more rent in advance. If you encounter rent-bidding in the rental application process, it is a good idea to seek advice from a legal support service. For a list of free legal support services, click here.

Misleading Information and Scams

Make sure to inspect the property you want to rent in person before signing a rental agreement. This can help you identify misleading rental ads and avoid rental scams. If you speak with someone, confirm afterwards in writing to ensure you have a record of your correspondence.

Under Victorian rental laws, rental providers/agents cannot encourage you to enter into a rental agreement by making false or misleading representations about the rental property.

Unfortunately, potential tenants can also be targeted by scammers in rental scams. Scammers can pose as legitimate rental providers/agents and advertise properties that don’t exist or are not actually available to rent. After paying the Bond or rent in advance, the scammer will stop responding, leaving the victim with no home and a sudden loss of funds. Some scammers target international students and other groups who are not familiar with Victorian rental laws and processes.

Here are some warning signs that a rental advertisement may be a scam:

If you’ve been scammed, there are steps you can take to minimise the damage and prevent others from falling victim to the same scam. For more information on what you should do if you’ve been scammed, visit: Scamwatch

Databases, Registers, and Blacklists

Before you sign a rental agreement, you can check the Consumer Affairs rental non-compliance register to see if your potential rental provider/agent has:

• Been given a VCAT order for breaching their duties under Victorian rental laws

• Been convicted of an offence under Victorian rental laws

To view the rental non-compliance register, visit: Consumer Affairs Victoria

Other, less formal, databases also exist where renters can submit anonymous reviews of rental properties e.g. shitrentals.org

Rental providers/agents can also screen potential tenants through renter databases (also known as blacklists). If they want to use a renter database, they must notify you when you are applying to rent their property. You can only be listed in a renter database under specific circumstances and only for 3 years, maximum.

For more information about renter databases, visit: Tenants Victoria

Discrimination and inappropriate questions in rental applications

It is illegal for rental providers/agents to refuse to rent their property to you, or discriminate against you, on the basis of certain personal characteristics. These personal characteristics include your:

• Age, race, or disability

• Gender identity or sex

• Sexual orientation and lawful sexual activity

• Marital status

• Pregnancy and breastfeeding

• Parent/carer status

• Employment activity and profession

• Religious belief or activity

• Political belief or activity

Rental providers/agents are also prohibited from asking you inappropriate questions when applying for rental properties.

If you believe you have been discriminated against in a rental application – or asked inappropriate questions – and you would like to consult a legal service for advice, click here for a list of free legal services