Practice Area
Property matters combine legal risk, timing pressure and significant financial exposure. A small drafting issue in a contract, lease or transfer document can become a major dispute later. Vitt Legal advises Melbourne clients on property transactions and disputes involving purchases, sales, conveyancing, leasing, possession issues and landlord-tenant conflict.
Property matters deserve precise legal work
We help Melbourne buyers, sellers, landlords, tenants and business owners manage property transactions and disputes with confidence.
Frequently Asked Questions About Property Law & Conveyancing
VCAT is a practical and accessible avenue for resolving tenancy disputes. Here's how to apply:
- Attempt resolution: First, try to resolve the issue directly or through Consumer Affairs Victoria.
- Complete application: Fill out the appropriate application form available on the VCAT website.
- Submit application: Lodge the form online, by mail, or in person, and pay the applicable fee.
- Attend hearing: Prepare and attend the scheduled hearing with all relevant documentation.
There are a few ways property is sold in Victoria — here's an overview:
- Private Sale: The property is listed at a set price, and negotiations occur directly between buyer and seller.
- Auction: A public sale where buyers bid, and the highest bidder meeting the reserve price wins.
Each method has its advantages and considerations, depending on market conditions and personal preferences.
This is a common question — and the answer depends on the type of modification. Renters can make certain modifications with the rental provider's consent. Some minor modifications may not require consent, but it's advisable to check the specific terms of the rental agreement and seek approval when necessary to avoid potential disputes.
Rent arrears need to be handled carefully and promptly. Here's the right approach:
- Communicate: Discuss the issue with the tenant to understand the situation.
- Issue notice: Serve a formal notice for rent arrears, specifying the overdue amount and a deadline for payment.
- Seek mediation: Engage Consumer Affairs Victoria or the Dispute Settlement Centre of Victoria for assistance.
- Apply to VCAT: If unresolved, apply to VCAT for an order regarding the arrears or termination of the tenancy.
The Section 32 is one of the most important documents in any Victorian property transaction. A Section 32 Statement, or Vendor's Statement, is a legal document provided by the seller to the buyer before the contract of sale is signed. It includes essential information about the property, such as:
- Title details
- Mortgages or charges
- Zoning and planning information
- Outgoings like rates
- Any easements or covenants
This disclosure ensures the buyer is fully informed about the property's specifics and any restrictions.
Your rental property must meet minimum standards under Victorian law — here's what that means in practice:
- Structural soundness.
- Functioning facilities (e.g., kitchen, bathroom).
- Appropriate ventilation and lighting.
- Safety measures (e.g., smoke alarms).
These standards ensure that properties are safe and habitable for renters.
Here's what a conveyancer actually does for you in a property transaction, managing the legal aspects including:
- Preparing and reviewing contracts
- Ensuring all conditions are met
- Conducting title searches
- Facilitating the settlement process
- Lodging necessary documents with Land Use Victoria
Their expertise ensures a smooth and legally compliant transfer of ownership.
Understanding which type of rental agreement you're in is important. In Victoria, there are three main types:
- Short Fixed-Term Agreements: Typically lasting up to five years, with common durations of six or twelve months.
- Long Fixed-Term Agreements: Extending beyond five years, offering greater stability for both parties.
- Periodic (Month-to-Month) Agreements: Continuing indefinitely until terminated by either party, providing flexibility.
Each type has its own advantages and considerations, depending on the needs and preferences of the renter and rental provider.
You have rights when your landlord won't make repairs — here's what to do:
- Notify in writing: Send a formal request detailing the required repairs.
- Allow reasonable time: Give the landlord a reasonable period to address the issues.
- Seek assistance: If unresolved, contact Consumer Affairs Victoria for guidance.
- Apply to VCAT: As a last resort, apply to VCAT for an order requiring the landlord to perform the repairs.
Both parties have specific rights and responsibilities:
Renters:
Pay rent on time.
Keep the property clean and undamaged.
Notify the rental provider of any necessary repairs.
Respect neighbors' peace and privacy.
Rental Providers:
Ensure the property meets minimum standards.
Carry out repairs promptly.
Provide notice before entering the property.
Respect the renter's privacy and rights.
Understanding these obligations helps maintain a harmonious rental relationship.
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Expert Legal Help
Property matters deserve precise legal work
We help Melbourne buyers, sellers, landlords, tenants and business owners manage property transactions and disputes with confidence.

