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Why does the condition report matter?

40 quoted answers, each with its source

The short answer

In Victoria, all rental properties, rooming houses, caravans, caravan sites and Part 4A park sites must have condition reports. The rental provider or agent must sign the report and give two copies, or one if sent electronically, to the renter before move-in; the renter has five business days from moving in to return it, and if no report was given before move-in the renter can complete their own and should give it to the provider or agent within five business days. From 29 March 2021 the Consumer Affairs Victoria template applies to all Victorian properties rented out from that date, and for rental agreements entered into from that date a returned report acts as written notice that repairs are needed, the right to apply to VCAT to amend the report applies only to those agreements, and extra professional cleaning requirements apply to agreements signed from that date. Justice Connect advises renters to list every repair issue and return the report within five business days to avoid liability for pre-existing damage; at the end of the agreement the provider or agent must complete the exit condition report section within 10 days with the renter present or given a reasonable opportunity, and Justice Connect states that in an end-of-occupancy dispute the Tribunal must find the facts in the report proven, while separately stating that the conclusive-evidence presumption does not apply where issues could not reasonably be discovered on a reasonable inspection.

Every part of this comes from the quotes below. How we write these.

What the rules actually say25

Quoted straight from Consumer Affairs Victoria, the Residential Tenancies Act or a tribunal.

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Consumer Affairs Victoria states that a condition report is a record of a Victorian property’s condition at the start of a rental agreement.

first-party
1 quote from 1 source
A condition report is a record of a property’s condition at the start of a rental agreement. Rental agreements include those for:
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  • The condition report must be signed by the Victorian rental provider or their agent.
  • The condition report must be given to the renter in 2 copies by the Victorian rental provider or their agent before the renter moves in.
  • If the condition report is sent electronically, the condition report must be given to the renter in 1 copy by the Victorian rental provider or their agent before the renter moves in.
first-party
1 quote from 1 source
The rental provider, or their agent, prepares the condition report. They must sign it and give 2 copies to the renter (or one copy if sending electronically) before they move in.
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Consumer Affairs Victoria states that a Victorian renter must return the completed condition report within 5 business days of moving into the property.

first-party
1 quote from 1 source
They must return the report within 5 business days (i.e. not including weekends and public holidays) of moving into the property. Allow enough time for delivery if sending it by post.
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Consumer Affairs Victoria states that a Victorian renter who is not given a condition report before moving in can complete their own condition report.

first-party
1 quote from 1 source
If a renter is not given a condition report before they move in, they can complete their own. They should give the condition report to the rental provider or their agent within 5 business days of moving in.
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Consumer Affairs Victoria states that when a Victorian rental agreement ends the rental provider or agent must complete the Exit condition report section of the original condition report within 10 days.

first-party
1 quote from 1 source
When a rental agreement ends, the rental provider or agent must complete the ‘Exit condition report’ section of the original condition report within 10 days. The renter must be present when this happens, or have been given a reasonable opportunity to be there. Reasonable means what most people would think is fair.
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  • All Victorian rental properties must have condition reports.
  • All Victorian rooming houses must have condition reports.
  • All Victorian caravans must have condition reports.
  • All Victorian caravan sites must have condition reports.
  • All Victorian Part 4A park sites must have condition reports.
first-party
1 quote from 1 source
All rental properties, rooming houses, caravans, caravan sites, and Part 4A park sites must have condition reports.
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Consumer Affairs Victoria states that a Victorian condition report noting something needing repair gives the rental provider written notice of the issue.

first-party
1 quote from 1 source
A condition report that notes something needing repair gives the rental provider written notice of the issue. If the repairs are not done within a reasonable period of time, the renter can apply to VCAT for an order requiring the repairs to be done.
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Consumer Affairs Victoria states that the Victorian rental provider and the renter must keep a copy of the condition report until the end of the rental agreement.

first-party
1 quote from 1 source
The rental provider (or their agent) and the renter must keep a copy of the condition report until the end of the rental agreement (lease).
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Tenants Victoria states that a Victorian condition report must include the date of the last smoke alarm test.

2 quotes from 1 source
The condition report must include the date of the last:
Smoke alarm test – required to be done annually
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According to Tenants Victoria, a Victorian condition report must state…

  • whether the property has a connection to the National Broadband Network.
  • the location of the National Broadband Network connection if the property has a connection to the National Broadband Network.
2 quotes from 1 source
The condition report must also state if the property has connections for:
The NBN (National Broadband Network), and if so the location of this connection
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Tenants Victoria states that a Victorian rental provider must give a renter a copy of the electrical and gas safety check records within 7 days of receiving a written request.

1 quote from 1 source
The rental provider must keep records of the electrical and gas safety checks and give you a copy of these records if you request them – your request must be in writing. The rental provider has 7 days to give you these records from the time they receive your written request [section 68B, regulation 30].
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Tenants Victoria recommends that Victorian renters take photos and videos of the whole property when they move…

  • in.
  • out.
1 quote from 1 source
Photos and videos are helpful in showing the condition of the property. We recommend you take plenty of photos and videos throughout the entire property, both inside and out, when you move in, and again when you move out, so you have evidence of the condition of the property when you arrived and how you left it.
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Tenants Victoria states that a Victorian renter has 5 business days from the move-in date in their rental agreement to complete the condition report from their point of view.

1 quote from 1 source
You have 5 business days from the move-in date in your rental agreement to complete the condition report from your point of view
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Tenants Victoria states that a Victorian renter who was not given a condition report before moving in can complete one themselves using the template form on the Consumer Affairs Victoria website.

1 quote from 1 source
If you were not given a condition report before you moved in, you can complete one yourself using the template form on Consumer Affairs Victoria’s website
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Justice Connect states that a Victorian rental provider or renter may apply to the Tribunal to amend a condition report within 30 days of the residential rental agreement commencing.

1 quote from 1 source
A residential rental provider or renter may apply to the Tribunal to amend a condition report within 30 days of the residential rental agreement commencing on the basis that it is inaccurate or incomplete
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Justice Connect states that the conclusive-evidence presumption for a Victorian condition report does not apply where issues arise that could not have been reasonably discovered on a reasonable inspection of the premises.

2 quotes from 1 source
This presumption that the condition report provides conclusive evidence does not apply where
issues arise that could not have been reasonably discovered on a reasonable inspection of the premises;
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Justice Connect advises that Victorian renters must list every repair issue and return the condition report within five business days to avoid being held liable for pre-existing damage.

2 quotes from 1 source
Therefore, renters should not simply accept the condition report prepared by the residential rental provider.
Renters must examine the rented premises and make sure to list every single repair issue on the condition report and return it within five business days of entering into occupation in order to ensure they are not held liable for any pre-existing damage.

Practical effect1

What is observed to happen in practice, as distinct from what is documented.

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Justice Connect states that if a dispute arises about the condition of Victorian rented premises at the end of the occupancy, the Tribunal must find that the facts within the condition report are proven.

1 quote from 1 source
If a dispute arises about the condition of the premises at the end of the occupancy, the Tribunal must find that the facts within the condition report are proven.

Changed on6

A dated change. This is where advice quietly stops being true.

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  • Extra requirements restrict when a Victorian rental provider can ask a renter to get professional cleaning.
  • Extra requirements apply to rental agreements signed from 29 March 2021.
first-party
1 quote from 1 source
If you sign a rental agreement from 29 March 2021, there are extra requirements for professional cleaning. Rental providers cannot ask renters to get professional cleaning unless the property:
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The Consumer Affairs Victoria condition report template is the template for all Victorian properties rented out from 29 March 2021.

1 quote from 1 source
Be created using the template form on the Consumer Affairs Victoria (CAV) website. This is the template for all properties rented out from 29 March 2021
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  • A returned Victorian condition report acts as written notice that repairs are needed.
  • The rule that a returned Victorian condition report acts as written notice that repairs are needed applies only to rental agreements entered into from 29 March 2021.
1 quote from 1 source
Your returned condition report acts as written notice to the rental provider or agent that repairs are needed. This requirement only applies to rental agreements entered into from 29 March 2021 [section 36].
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The right to apply to VCAT to amend a Victorian condition report applies only to rental agreements entered into from 29 March 2021.

1 quote from 1 source
If you think the condition report is wrong or incomplete you can apply to the Victorian Civil and Administrative Tribunal (VCAT) to ask them to amend it – this only applies to rental agreements entered into from 29 March 2021, when new rental laws began.

Disputed between sources1

Sources that do not agree, presented without picking a winner.

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Landlord Wise states that a signed Victorian condition report is legally conclusive.

medium confidencevendor
3 quotes from 2 sources
This is why the condition report matters more than photos alone. Photos are helpful supporting evidence, but a signed condition report is legally conclusive.
This presumption that the condition report provides conclusive evidence does not apply where
the renter has recorded their written disagreement with the report (i.e. listing problems with the property that are not reflected in the report); and

Often said, but we could not find it in the rules7

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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Landlord Wise asserted that for a self-managing landlord in Victoria, the condition report is the single most important document they will rely on when a tenancy ends.

vendor
1 quote from 1 source
If you’re a self-managing landlord in Victoria, the condition report is the single most important document you’ll rely on when your tenancy ends. It’s the foundation of every bond claim, every cleaning dispute, and every damage argument at VCAT.
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Landlord Wise asserts that a Victorian condition report cannot be completed using…

  • a generic template.
  • a landlord’s own spreadsheet.
  • an app that does not follow the prescribed format.
vendor
1 quote from 1 source
You cannot use a generic template, your own spreadsheet, or an app that doesn’t follow the prescribed format.
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A signed Victorian condition report…

  • matters more than photos alone.
  • is legally conclusive.
vendor
1 quote from 1 source
This is why the condition report matters more than photos alone. Photos are helpful supporting evidence, but a signed condition report is legally conclusive.
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Landlord Wise asserts that failing to provide a Victorian condition report carries a penalty of up to 25 penalty units.

vendor
1 quote from 1 source
This isn’t optional. Failing to provide one carries a penalty of up to 25 penalty units, and more importantly, it undermines your ability to recover costs at the end of the tenancy.