Homehome-and-gardenMelbourne Lease Clause: Is This Normal?

Melbourne Lease Clause: Is This Normal?

A Melbourne tenant recently encountered a seemingly unusual clause in their new rental agreement: a complete ban on candles and open flames. This discovery sparked a discussion among renters online, raising questions about the reasons behind such restrictions and whether they are becoming increasingly common in the Melbourne rental market and beyond.

The tenant, upon reviewing the lease, noticed the repeated clause explicitly prohibiting “any open flames (candles, fire pits etc) anywhere on or in the property.” Intrigued, they turned to an online forum to gauge whether other Melbourne renters had encountered similar restrictions. “Has anyone else seen this before?” they inquired, seeking insights from the local rental community.

The tenant further elaborated on the property’s characteristics, noting that it was a unit with an outdoor area suitable for a small fire pit. This led them to speculate whether the “no candles clause” was related to the gas cooktop or simply a precautionary measure by the landlord.

The online discussion quickly generated various explanations for the clause, with most respondents agreeing that it was primarily intended to minimize potential damage and fire hazards.

  • Insurance Concerns: The most prevalent explanation centered on insurance requirements. Many believed that landlords include such clauses to comply with their insurance policies, which may impose restrictions on open flames due to the associated risks.

  • Fire Prevention: Another common viewpoint emphasized the significant risk of fires caused by candles. As one user pointed out, candles are a leading cause of house fires, making it understandable for landlords to proactively prevent them. The potential for spilled hot wax to cause damage was also mentioned.

  • Prevalence of the Clause: One Melbourne renter shared that encountering a no-candle clause was not unusual, as they had seen it in several rental contracts. This suggests that such restrictions may be becoming increasingly common in the local rental market.

The discussion also revealed that similar clauses extend beyond Melbourne. A Sydney renter shared their experience of signing a rental agreement that expressly banned “lighting incense” inside the apartment, highlighting the broader trend of landlords restricting open flames and related activities.

Furthermore, the online conversation delved into other potential reasons for the restrictions, including the impact of smoke on air conditioning systems.

  • Air Conditioning Damage: One participant recounted an incident where excessive candle use led to soot accumulation in an air conditioning system, causing it to malfunction and stain the walls and ceiling. This highlighted the potential for smoke-related damage beyond just fire hazards.

  • Fire Pit Concerns in High-Density Areas: The inclusion of fire pits in the ban also sparked discussion, with some arguing that they are unsuitable for high-density residential areas. Concerns were raised about smoke infiltrating neighboring units and causing disturbances.

The emergence of this discussion coincides with a period of significant change in the Victorian rental market, driven by new rules and initiatives aimed at enhancing tenant protections. Effective November 25th, several key changes were implemented:

  1. Ban on No-Fault Evictions: Landlords are now required to provide a valid reason for eviction notices, even after the lease has expired.

  2. Increased Minimum Standards: Rental properties must meet minimum standards in all areas before being listed, ensuring compliance from the outset.

  3. Enhanced Data and Privacy Protection: Stricter rules are in place to safeguard tenant data and privacy.

  4. Extended Notice Periods: Landlords must provide a longer notice period (90 days instead of 60) for evictions and rent increases.

  5. Stricter Rules Against Rental Bidding: The practice of rental bidding, already prohibited, is now subject to stricter enforcement.

In addition to these changes, the Victorian government is also working on a bill that would allow renters to transfer their bond to their next lease, alleviating the financial burden of paying for two bonds simultaneously.

However, these tenant-friendly initiatives may have unintended consequences. Reports suggest that a significant number of properties have been removed from the Victorian rental market, potentially due to landlords being deterred by the new regulations.

Reports indicate that approximately 10,000 properties have been withdrawn from the state’s rental supply over the past financial year. Simultaneously, the average weekly rent in Melbourne has risen to $570, an increase of approximately $14 (2.5 per cent) compared to the previous year. These trends raise concerns about the overall affordability and availability of rental housing in Melbourne.

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