At a routine inspection, a Victorian property manager finds the renter has removed the built-in wardrobes and fitted open shelving without the rental provider's consent. What should the property manager do first?
Correct Answer
A) Serve a breach of duty notice requiring the renter to remedy the breach within 14 days.
Removing fixtures without consent breaches the renter's duty not to make unauthorised modifications under the Residential Tenancies Act 1997 (Vic). The proper first step is a breach of duty notice, which requires the renter to remedy the breach, for example by reinstating the wardrobes or obtaining consent, within 14 days. Only if the renter fails to comply can the rental provider take further steps, such as a VCAT compliance order or, in some cases, a notice to vacate.
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