A property manager in Victoria conducts a routine inspection and finds the tenant has installed security cameras without permission. The lease agreement states 'no alterations without written consent'. What action should the property manager take?

Q: What is the correct answer to: A property manager in Victoria conducts a routine inspection and finds the tenant has installed security cameras without permission. The lease agreement states 'no alterations without written consent'. What action should the property manager take?

The correct answer is Issue a 14-day notice to remedy breach for unauthorized alterations. Under Section 91ZZC of the Residential Tenancies Act 1997 (Vic), unauthorized alterations constitute a breach of duty that must first be addressed through a notice to remedy breach. The property manager must issue a 14-day notice to remedy breach, giving the tenant opportunity to either remove the unauthorized cameras or obtain retrospective written consent from the landlord. This follows the prescribed enforcement hierarchy in Victorian residential tenancy law, which requires attempting remedy before pursuing termination. Only if the tenant fails to comply within the notice period can the property manager then consider issuing a notice to vacate.

Q: What background knowledge is needed for this Property Management question?

Victorian residential tenancy law operates under the Residential Tenancies Act 1997 (Vic), which establishes a framework for managing lease breaches through graduated enforcement procedures. When tenants breach lease terms, property managers must follow specific notice requirements before pursuing termination. The Act distinguishes between different types of breaches and prescribes appropriate notice periods. For unauthorized alterations, the standard process involves issuing a 14-day notice to remedy breach, allowing tenants opportunity to correct the violation. Only after non-compliance can property managers escalate to notice to vacate procedures. This approach balances landlord property rights with tenant housing security, reflecting the social importance of stable housing in Victorian policy.

Q: What is a good way to remember the answer to this Property Management question?

Remember breach enforcement as climbing a STEP ladder: S-Spot the breach, T-Try remedy notice first (14 days), E-Escalate only if no compliance, P-Pursue termination as last resort. You must climb each step before reaching the top - no jumping straight to eviction. When you see any lease breach question, visualize the STEP ladder. Ask yourself 'what step am I on?' If it's the first breach discovery, you're on step T (Try remedy notice). Only move up the ladder after the previous step fails.

Q: What exam tip applies to this Property Management question?

For any unauthorized alteration question, always look for the 'notice to remedy breach' option first. Victorian law requires this graduated approach - immediate termination is almost never the correct first response to lease breaches.

Q: How does this Property Management concept apply in Australian real estate practice?

A property manager discovers during routine inspection that tenants have installed a dishwasher and painted the kitchen without permission. Rather than immediately threatening eviction, the property manager issues a 14-day notice to remedy breach, specifying that tenants must either restore the property to original condition or obtain written landlord consent for the alterations. This gives tenants opportunity to negotiate with the landlord, who might actually approve the improvements. If tenants ignore the notice, only then can the property manager escalate to termination proceedings, having followed proper legal procedure.

Question

Property ManagementLease AgreementsVICMEDIUM

A property manager in Victoria conducts a routine inspection and finds the tenant has installed security cameras without permission. The lease agreement states 'no alterations without written consent'. What action should the property manager take?

Answer Options

A

Issue a 14-day notice to remedy breach for unauthorized alterations

B

Immediately serve a notice to vacate for serious breach

C

Allow the cameras to remain as they improve property security

D

Charge the tenant an additional security deposit for the installation