Do real estate agents need to comply with Residential Tenancies Act 1997 (VIC)?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Only if
Only if you manage residential rental properties. Being in this industry makes the obligation worth checking (Industry: Real estate agents), but the trigger is a fact the industry alone does not settle.
The obligation in brief
Comply with Residential Tenancies Act 1997 (VIC). The Residential Tenancies Act 1997 (Vic) governs rental agreements, rooming houses, caravans and Part 4A park sites, administered by Consumer Affairs Victoria (CAV) with disputes heard by VCAT and Rental Dispute Resolution Victoria. Rental providers (landlords) and their agents must meet minimum rental standards, now from the time a property is advertised, and give the renter a signed condition report before move-in.
Trigger: Advertising, offering or entering into a residential rental agreement in Victoria, and each event during the tenancy (rent increase, entry, repairs, notice to vacate, bond claim at the end).
Why real estate agents get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Comply with Residential Tenancies Act 1997 (VIC)" is no. Real estate agents is one of the 1 where the answer is different: only if.
The deciding fact for real estate agents: Industry: Real estate agents; applies only if you manage residential rental properties.
About the industry: Selling agents, buyer's agents, and property developers involved in real estate transactions. From 1 July 2026 captured by AML/CTF Tranche 2 reforms.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).
Answer by business structure and size
Each cell is the engine's outcome for a business in real estate agents with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Check | Check | Check | Check | Check | Check |
| Partnership | Check | Check | Check | Check | Check | Check |
| Trust | Check | Check | Check | Check | Check | Check |
| Pty Ltd company | Check | Check | Check | Check | Check | Check |
| Public company | Check | Check | Check | Check | Check | Check |
| Not-for-profit (unregistered) | Check | Check | Check | Check | Check | Check |
| Registered charity | Check | Check | Check | Check | Check | Check |
| Super fund | Check | Check | Check | Check | Check | Check |
| Foreign company | Check | Check | Check | Check | Check | Check |
What the obligation requires
- When due
- Minimum standards met when the property is advertised; condition report (2 signed copies, or 1 electronic) before the renter moves in; annual smoke alarm checks; 90 days' notice of a rent increase; exit condition report within 10 days of the agreement ending; from 13 October 2026, gas and electrical safety checks every 2 years and advance notice, with evidence, of any bond claim.
- Evidence to keep
- Records showing the property met the minimum rental standards before it was advertised, offered or occupied (to be given to CAV on request from 13 October 2026); signed condition report on the CAV template, with dated photos, and the exit condition report; smoke alarm, gas and electrical safety check records; prescribed rental application forms and secure handling and destruction of applicant information; rent increase and notice-to-vacate notices with valid reasons.
- Maximum penalty
- CAV lists the following as offences: advertising a property that does not meet the minimum standards, disclosing a renter's personal information without consent, a third party charging renters application or payment fees and (from 13 October 2026) a rental provider or agent charging an application fee. VCAT can order repairs and decide bond and condition-report disputes. Offence penalty amounts were not verified for this entry; check the Act on legislation.vic.gov.au
- Regulator
- Consumer Affairs Vic
- Jurisdiction
- VIC only
Other obligations where real estate agents differ from the norm
- Comply with Residential Tenancies Act 2010 (NSW): Only if
- Comply with Residential Tenancies and Rooming Accommodation Act 2008 (QLD): Only if
- Comply with Australian sanctions law + screening (DFAT): Yes
- Customer due diligence (KYC) on every customer: Yes
- Designate an AML/CTF Compliance Officer: Yes
- Detect + enhance due diligence on Domestic + Foreign PEPs: Yes
- All 26 answers for real estate agents
Questions
- Do real estate agents need to comply with Residential Tenancies Act 1997 (VIC)?
- Only if you manage residential rental properties. Being in this industry makes the obligation worth checking (Industry: Real estate agents), but the trigger is a fact the industry alone does not settle.
- Is the answer the same for every industry?
- No. For 34 of the 35 industries Rules Mate maps, the answer is no. Real estate agents is one of 1 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.