RentingOnRecord

All subjects

Periodic agreement

36 established claims - 9 refused by the grounding gate

Documented position21

What the body that runs or defines the thing says in its own documentation.

Under a periodic agreement, a Victorian rental provider cannot give notice without a valid reason.

other
1 quote from 1 source
A rental provider must provide a reason when they give someone notice to vacate. They cannot give notice without a valid reason.

In a periodic agreement, a Victorian rental provider cannot give a renter a notice to vacate for the renter doing something that the renter is legally allowed to do.

other
1 quote from 1 source
A rental provider cannot give someone notice for doing something, or saying they will do something, they are legally allowed to do.

Tenants Victoria reports that when a fixed-term lease in Victoria ends it automatically continues as a periodic month-by-month lease.

other
1 quote from 1 source
A lease (officially called a rental agreement) that does not have an end date is ‘periodic’ (often called a month-by-month lease). Also, when a fixed-term lease ends, it automatically continues as a periodic (month-by-month) lease.

Tenants Victoria states that a renter on a periodic lease that began before 19 June 2019 is an exception to the rule that rent cannot be increased more than once every 12 months.

other
1 quote from 1 source
Your rent cannot be increased more than once every 12 months, unless you are on a periodic (month-by-month) lease (officially called a rental agreement) that began before 19 June 2019.

Where a Victorian rental agreement is for a fixed term, the termination date on a 90-day notice to vacate must be on or after the last day of the fixed term.

other
1 quote from 1 source
If your lease (officially called a rental agreement) is for a fixed term, the termination date on the 90-day notice to vacate must be on or after the last day of the fixed term.

Victoria's rental minimum standards do not apply if a rental agreement became a periodic month-to-month agreement before 29 March 2021.

other
1 quote from 1 source
They don't apply if your rental agreement became a periodic agreement (month to month) before 29 March 2021.

Additional bond amounts cannot be required for a…

  • periodic agreement in Victoria.
  • fixed short-term agreement in Victoria.
other
1 quote from 1 source
Note: Additional bond amounts cannot be required for a periodic or fixed short-term agreement.

For Victorian periodic rental agreements that started before 19 June 2019, the rent cannot be increased more than once every 6 months.

other
1 quote from 1 source
for periodic rental agreements that started before 19 June 2019, the rent can’t be increased more than once every 6 months

For Victorian rental agreements that became periodic on or after 19 June 2019, the rent cannot be increased more than once every 12 months.

other
1 quote from 1 source
for rental agreements that became periodic on or after 19 June 2019, the rent can’t be increased more than once every 12 months
  • When a fixed-term agreement in Victoria ends, it automatically becomes a periodic month-by-month lease.
  • A fixed-term agreement in Victoria does not automatically become a periodic month-by-month lease when it ends if a rental provider and renter agree to enter into a new fixed-term agreement.
  • A fixed-term agreement in Victoria does not automatically become a periodic month-by-month lease when it ends if the rental provider issues a notice to vacate for a valid reason.
other
1 quote from 1 source
When a fixed-term agreement ends, it will automatically become a periodic (month-by-month) lease unless a rental provider and renter agree to enter into a new fixed-term agreement or the rental provider issues a notice to vacate for a valid reason.

Victorian rental providers cannot issue a renter with a notice to vacate without a valid reason, even at the end of a fixed-term agreement.

other
1 quote from 1 source
Rental providers cannot issue a renter with a notice to vacate without a valid reason, even at the end of a fixed-term agreement.

In a periodic agreement, Victorian rental providers must give a renter certain notices to vacate.

other
1 quote from 1 source
Rental providers must give a renter 90 days' notice of a rent increase and certain notices to vacate. This gives renters more time to budget or move. Shorter notice periods still apply when a renter is at fault.

A fixed-term rental agreement in Victoria that ends and is followed by the renter continuing to occupy the premises…

  • automatically becomes a periodic month-to-month agreement.
  • does not automatically become a periodic month-to-month agreement if the renter gives notice to leave.
  • does not automatically become a periodic month-to-month agreement if both parties agree to start a new fixed-term agreement.
other
1 quote from 1 source
When a fixed-term rental agreement ends and the renter continues to occupy the premises, it automatically becomes a periodic (month-to-month) agreement unless the renter gives notice to leave or both parties agree to start a new fixed-term agreement.

Where a Victorian long fixed-term agreement rolls over into a periodic agreement, the rules of that periodic agreement are the standard fixed term agreement of 5 years or less at the time the lease ends.

other
1 quote from 1 source
If a long fixed-term agreement ends, and it rolls over into a periodic agreement, the rules of that periodic agreement will be the standard fixed term agreement of 5 years or less at the time the lease ends.

The terms and conditions of the original Victorian fixed-term agreement, where that agreement was for 5 years or less, still apply to the new periodic agreement.

other
1 quote from 1 source
If the fixed-term agreement was for 5 years or less, the terms and conditions of the original agreement still apply to the new periodic agreement.

A rental provider and renter in Victoria who want to enter into a written periodic agreement must use the prescribed form.

other
1 quote from 1 source
If the rental provider or renter want to enter into a written periodic agreement, they must use the prescribed form:

Measured finding1

Something someone actually measured, with the method attached.

Practical effect5

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

Tenants Victoria reports that…

  • a valid Victorian lease does not need to contain a rent increase clause.
  • some landlords or agents may decide to include a rent increase clause in a Victorian lease.
medium confidenceother
1 quote from 1 source
A valid lease does not need to contain a rent increase clause. It is something that some landlords (officially called rental providers) or agents may decide to include, so it is important to read the lease carefully before you sign it.
  • Fixed-term agreements are more secure because they make it harder for the landlord to evict the renter.
  • Fixed-term agreements can be expensive if the renter wants to move out before the end of the fixed term.
medium confidenceother
1 quote from 1 source
Fixed-term agreements are more secure because they make it harder for the landlord to evict you, but can be expensive if you want to move out before the end of the fixed term.

A renter in Victoria usually does not sign a new agreement when a fixed-term agreement changes to a month-to-month one.

other
1 quote from 1 source
Usually, the renter doesn't sign a new agreement when a fixed-term agreement changes to a month-to-month one.

Changed on1

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

From 29 March 2021, some terms cannot be included in new periodic rental agreements in Victoria.

other
1 quote from 1 source
From 29 March 2021, when the new rental laws started, some terms are prohibited, or banned. They cannot be included in new rental agreements [section 27B, regulation 11].

Disputed between sources3

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

Collings Real Estate states that the 12-month limit on rent increases applies regardless of whether the agreement is fixed-term or periodic.

medium confidenceother
2 quotes from 2 sources
A rental provider can only increase the rent at certain times. How often depends on the type of rental agreement, and when the agreement was signed.
This 12-month limit applies regardless of whether the property is on a fixed-term or periodic (month-to-month) agreement.
  • Consumer Affairs Victoria states that a periodic agreement which started before 19 June 2019 is subject to a 6-month rent increase interval.
  • Collings Real Estate states that periodic agreements are limited to one increase per 12-month period.
medium confidenceother
2 quotes from 2 sources
for periodic rental agreements that started before 19 June 2019, the rent can’t be increased more than once every 6 months
Periodic (rolling) agreements: one increase per 12-month period

Repeated, with no primary source in reach5

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

Collings Real Estate states that the 12-month limit on rent increases applies regardless of whether the property is on a fixed-term or periodic month-to-month agreement.

other
1 quote from 1 source
This 12-month limit applies regardless of whether the property is on a fixed-term or periodic (month-to-month) agreement.

Forge Property states that landlords in Victoria can increase rent…

  • once every 12 months for periodic leases.
  • at the end of a fixed-term lease if specified in the agreement.
other
1 quote from 1 source
In Victoria, landlords can increase rent once every 12 months for periodic leases or at the end of a fixed-term lease if specified in the agreement

Compton Green states that the legislation will abolish the End of Fixed Term Notice to Vacate for both agreements of less than five years and agreements of more than five years.

other
1 quote from 1 source
The legislation will abolish the End of Fixed Term Notice to Vacate for both agreements of less than five years and agreements of more than five years. If the Notice to Vacate is issued before the 25th November 2025, it will remain in force after the new legislation is in effect.

Compton Green states that the current Notice to Vacate period is 60 days.

other
1 quote from 1 source
The current Notice to Vacate period is 60 days; this will be increased to 90 days’ notice on the 25th of November 2025.

Refused9

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

In a periodic agreement, Victorian rental providers must give a renter 90 days' notice of a rent increase.

Refused: The quote states a general 90-day notice requirement but does not mention periodic agreements.

Unsupported: In a periodic agreement

What it rested on
Rental providers must give a renter 90 days' notice of a rent increase and certain notices to vacate. This gives renters more time to budget or move. Shorter notice periods still apply when a renter is at fault.

From 29 March 2021, some terms in periodic agreements are prohibited in Victoria.

Refused: The quote prohibits terms in new rental agreements generally but does not mention periodic agreements specifically.

Unsupported: periodic agreements

What it rested on
From 29 March 2021, when the new rental laws started, some terms are prohibited, or banned. They cannot be included in new rental agreements [section 27B, regulation 11].

Consumer Affairs Victoria's prescribed rental agreement template forms are for all properties rented out from 29 March 2021, when new rental laws started.

Refused: The quote says 'These template forms' but does not identify them as Consumer Affairs Victoria's prescribed forms.

Unsupported: Consumer Affairs Victoria's prescribed rental agreement template forms

What it rested on
These template forms are for all properties rented out from 29 March 2021, when new rental laws started.

Consumer Affairs Victoria states that the 12-month limit on rent increases depends on the type of agreement and when it was signed.

Refused: The CAV quote says only that how often rent can be increased depends on agreement type and signing date; it never mentions a 12-month limit, and the 12-month language comes from a different source.

Unsupported: Consumer Affairs Victoria states that the 12-month limit on rent increases

What it rested on
A rental provider can only increase the rent at certain times. How often depends on the type of rental agreement, and when the agreement was signed.
This 12-month limit applies regardless of whether the property is on a fixed-term or periodic (month-to-month) agreement.

Under a periodic agreement, a Victorian rental provider must provide a reason when they give someone a notice to vacate.

Refused: The quoted rule states a general requirement to provide a reason, but does not specify that it applies under a periodic agreement.

Unsupported: Under a periodic agreement

What it rested on
A rental provider must provide a reason when they give someone notice to vacate. They cannot give notice without a valid reason.

In a periodic agreement, a Victorian rental provider cannot give a renter a notice to vacate for the renter saying that the renter will do something that the renter is legally allowed to do.

Refused: The quote states the prohibition generally but does not specify or entail that it applies only or specifically in a periodic agreement.

Unsupported: In a periodic agreement

What it rested on
A rental provider cannot give someone notice for doing something, or saying they will do something, they are legally allowed to do.

Under a periodic agreement, a Victorian renter can be given a minimum of 90 days notice to vacate where the property has been sold.

Refused: The quotes support 90 days notice for sale but do not state the periodic agreement condition.

Unsupported: Under a periodic agreement

What it rested on
You can be given a minimum of 90 days notice to vacate if:
The property has been, or is being, sold (section 91ZZB)

Under a periodic agreement, a Victorian renter can be given a minimum of 90 days notice to vacate where the property is being sold.

Refused: The quotes support a minimum 90-day notice for sale but do not state that this applies under a periodic agreement.

Unsupported: Under a periodic agreement

What it rested on
You can be given a minimum of 90 days notice to vacate if:
The property has been, or is being, sold (section 91ZZB)

Compton Green states that the Notice to Vacate period will be increased to 90 days' notice on 25 November 2025.

Refused: The quote states the notice period increase but does not tie it to periodic agreements.

Unsupported: periodic agreement

What it rested on
The current Notice to Vacate period is 60 days; this will be increased to 90 days’ notice on the 25th of November 2025.