(a) to reside in the room that he or she occupies; and (b) to use the facilities in the rooming house.
(a) the rooming house operator has given the resident a notice under section 92C specifying that the right is a shared room right before the resident commences occupation of the room; or (b) the residency right becomes a shared room right under section 94B(2); or (c) the residency right is deemed to be a shared room right under section 530.
Example
Two domestic partners may share a room and have exclusive occupancy. A rooming house operator would not be able to introduce another person to share the room while the exclusive occupancy right exists.
A shared room right gives a resident a right to occupy the room together with one or more other residents chosen by the rooming house operator.
Example
A resident takes up occupancy of a room after being given notice under section 92C that the resident is to have a shared room right. Later that week, without notice to the existing resident, another resident takes up occupancy of the same room under a residency agreement. Each resident has a shared room right.
Penalty: 25 penalty units.
(a) be in writing in a form approved by the Director; and (b) specify whether the residency right is to be an exclusive occupancy right or a shared room right; and (c) state the date on which it is given; and (d) state that it is given in accordance with this section.
(a) specify the room capacity of the room; and (b) state that the resident will not be notified before another resident takes up occupancy of the room; and
(c) state that the rooming house operator will choose the other residents who will be permitted to take up occupancy of the room; and (d) specify the rent payable by the resident for the shared room right and the rent that would have been payable by the resident if the right had been an exclusive occupancy right.
The rights conferred on a resident of a rooming house by this Act are not assignable or transferable.
(a) in writing; and (b) in the prescribed form.
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* * * * *
A fixed term rooming house agreement may include any other term or condition that is not inconsistent with this Act or the form prescribed under section 93A(2)(b).
NoteSection 94AC provides that certain additional terms are invalid.
Penalty: 25 penalty units.
A term or condition in a fixed term rooming house agreement (including a term agreed to by the parties under section 94AB) is invalid if—
(a) it is a term that this Act provides must not be included in a fixed term rooming house agreement; or (b) it is a prohibited term.
NoteThe Tribunal may declare under sections 94A and 472 that a term of a fixed term rooming house agreement is invalid.
(a) a term that requires the resident to take out any form of insurance; (b) a term that exempts the rooming house operator from liability for an act of—
(i) the rooming house operator or that person's agent; or (ii) a person acting on behalf of the rooming house operator or that person's agent;
(c) a term that provides that if the resident contravenes the fixed term rooming house agreement, the resident is liable to pay—
(i) all or part of the remaining rent under the agreement; or (ii) increased rent; or (iii) a penalty; or (iv) liquidated damages;
(d) a term that requires all or part of the room in the rooming house to be professionally cleaned at the end of the agreement, unless that term is contained in the form prescribed under section 93A(2)(b); (e) a term that requires the resident to pay the cost of having all or part of the room in the rooming house professionally cleaned at the end of the agreement, unless that term is contained in the form prescribed under section 93A(2)(b); (f) a term that provides that if the resident does not contravene the fixed term rooming house agreement—
(i) the rent is reduced; or (ii) the rent may be reduced; or (iii) the resident is to be paid a rebate or other benefit; or (iv) the resident may be paid a rebate or other benefit;
(g) any other prescribed prohibited term.
NoteSection 94AC provides that terms which must not be included in a fixed term rooming house agreement are invalid.
A fixed term rooming house agreement may include—
(a) a term that requires the room in the rooming house to be professionally cleaned if professional cleaning is required to restore the room to the condition it was in immediately before the start of the agreement, taking into account fair wear and tear; or (b) a term that requires the resident to pay the cost of having all or part of the room in the rooming house professionally cleaned if professional cleaning is required to restore the room to the condition it was in immediately before the start of the agreement, taking into account fair wear and tear.
(a) the rooming house operator and resident are subject to an existing agreement that is not in writing or that is only partly in writing; and (b) the resident is continuing in occupation of the room in the rooming house after a previous fixed term rooming house agreement has ended.
(a) subject to this Part, the terms of the fixed term rooming house agreement; and (b) a commencement date for the fixed term rooming house agreement which may be a date that is before the date the order was made.
(a) the rooming house operator has first given each existing resident of the room notice of the proposed increase in accordance with section 94C; and (b) each existing resident of the room has consented to that increase in room capacity in accordance with section 94D; and (c) each consent has taken effect.
Penalty: 150 penalty units.
(a) be in writing in a form approved by the Director; and (b) state the date on which it is given; and (c) state that it is given under section 94B; and
(d) state that the rooming house operator is seeking the consent of the resident to increase the room capacity of the room; and (e) specify the total number of people who are proposed to be accommodated in the room; and (f) state that if the resident consents to the increased room capacity of the room—
(i) the resident will not be notified before another resident takes up occupancy of the room; and
(ii) the rooming house operator will choose the other residents who will be permitted to take up occupancy of the room; and
(g) state the existing rent paid by the resident; and (h) state the new reduced rent that will be payable by the resident if the resident consents to the increase in the room capacity of the room; and (i) state that any consent of the resident must be in writing; and (j) state that the resident may withdraw that consent at any time within the period of 3 days following the giving of the consent; and (k) state that if consent is given, the consent will take effect at the end of the period of 7 days after—
(i) if there is only one resident of the room, the consent is given; or (ii) if there is more than one resident of the room, the consent of the last resident is given; and
(l) state that when the consent takes effect—
(i) the increase in room capacity also takes effect; and (ii) the new reduced rent also takes effect.
(a) it fails to state the new reduced rent payable by the resident or otherwise fails to comply with subsection (1); or (b) the proposed room capacity of the room will exceed the number of persons permitted by law to be accommodated in the room.
(a) be in writing; and (b) must specify the increased room capacity to which consent is given; and (c) be signed by the resident; and (d) be dated with the date of signing.
(a) if there is only one resident of the room, the consent is given; or (b) if there is more than one resident of the room, the consent of the last resident is given.
A rooming house operator or that person's agent must not provide a person with an application form to apply for occupancy of a room unless the application form includes a statement that contains the prescribed information.
(a) to refuse a person occupancy of a room in a rooming house; or (b) to carry out any other function referred to in that subsection.
(a) Homes Victoria or Homes Victoria's agent; (b) a registered agency or the registered agency's agent; (c) an authorised person (within the meaning of section 4(1) of the Housing Act 1983) who provides a room in a rooming house for a purpose referred to in section 142A(2)(a) of that Act; (d) a person who provides a room in a rooming house in accordance with a determination made under section 142E of the Housing Act 1983; (e) a person who provides a room in a rooming house as affordable housing within the meaning of section 3AA of the Planning and Environment Act 1987.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the rooming house operator or that person's agent in contravention of this section.
A rooming house operator or that person's agent must not use personal information disclosed by a person on an application form to apply for a residency right unless the use is for—
(a) the purposes of assessing the person's suitability as a resident; or (b) another purpose required by this Act.
A rooming house operator or that person's agent must not request that a person who applies for a residency right is to disclose the prescribed information.
Before occupancy of a room commences, a rooming house operator must disclose the following information to the resident—
(a) if the rooming house operator has engaged an agent to sell the rooming house or prepared a contract of sale, that there is a proposal to sell the rooming house; (b) if a mortgagee has commenced a proceeding to enforce a mortgage over the rooming house, that a mortgagee is taking action for possession of the rooming house; (c) if the rooming house operator is not the owner of the rooming house, that the rooming house operator has a right to permit occupancy of the room; (d) any other prescribed information in relation to the room.
A rooming house operator may require a resident or proposed resident to pay a bond before the resident commences occupation of a room as a resident.
A rooming house operator must not demand or accept a bond that exceeds—
(a) in the case of a fixed term rooming house agreement, the equivalent of 28 days rent; or (b) in any other case, the equivalent of 14 days rent.
Penalty: 60 penalty units.
Penalty: 25 penalty units.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) signed by or on behalf of the resident; or (b) with an endorsement so signed to the effect that the resident agrees or disagrees with the whole or any specified part of the report.
(a) in the presence of the other party; or (b) in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.
(a) that the condition report is to be amended in the manner specified in the order; or (b) that the condition report is not required to be amended.
(a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the room; or
(b) any statement in the report about which the resident records a written comment disagreeing with that statement in the copy of the report completed by the rooming house operator; or
(c) a statement that the rooming house operator has disagreed with in writing on the condition report, if the report was completed by the resident before or after it was completed by the rooming house operator.
A rooming house operator must not require a resident to pay rent more than 14 days in advance.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth; (b) any prescribed payment method.
(a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.
Penalty: 25 penalty units.
(a) the end of 12 months after receiving the payment; or (b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the resident.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
(a) the name of the resident and the rooming house; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent.
(a) be in writing; and
(b) be signed by the resident and the rooming house operator; and (c) specify—
(i) the additional services to be provided; and (ii) the amount of the increase; and (iii) the date the increase will start to apply.
(a) a rental rebate is applied, adjusted or cancelled under a fixed term rooming house agreement or agreement under section 94(2) where the rooming house operator is Homes Victoria or a registered agency; and (b) the application, adjustment or cancellation of that rental rebate caused an increase in the amount payable by the resident under that fixed term rooming house agreement or agreement under section 94(2) (as the case may be).
(a) the resident's rent has been reduced as a result of an increase in the room capacity of the resident's room; and (b) the resident considers that the reduction is insufficient and the rent is excessive.
(a) carry out an investigation; and
(b) give a written report to the resident and a copy of the report to the rooming house operator.
(a) include a statement informing the resident of the resident's right under section 103 to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in section 104(3).
(a) if a resident of a rooming house has received a notice of a rent increase, whether the proposed rent is excessive; or (b) if a resident's rent has been reduced as a result of an increase in the room capacity of the resident's room, whether the reduction is insufficient and the rent is excessive.
(a) be made within 30 days after the resident receives the Director's report;
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(a) make an order—
(i) declaring the proposed rent excessive; and (ii) directing that for the period specified in the order the rent must not exceed the amount specified in the order; or
(b) dismiss the application.
(a) the rent payable for a similar room in the rooming house; (b) the rent payable for a similar room in a similar rooming house in a similar location;
(bb) in the case of a shared room, the rent payable by each resident of a similar shared room in a similar rooming house in a similar location; (c) the state of repair and general condition of the room and the rooming house; (d) any variation in the cost of providing facilities and services in the rooming house; (e) any changes in the rent and the condition of the room or facilities since the resident first occupied the room and since the last rent increase;
(ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;
(f) any improvements made to the room that should not be considered in calculating the rent because they were made by the resident.
(a) the increased rent specified in the notice under section 101; or (b) 110% of the rent immediately before the notice was given—
whichever is less.
(a) the amount agreed between them; or (b) an amount determined by the Tribunal in the absence of any agreement on an application by either party.
(a) the reduction in rent is to take effect from the time the rooming house operator ceased to provide services to the resident; and
(b) the rooming house operator is to refund to the resident any excess rent paid by the resident from the time the rooming house operator ceased to provide services until the date of the order.
If the room capacity of a room is increased under section 94B, the rooming house operator must reduce the rent payable by each person who is a resident of the room on the date that the consent to the increase in room capacity takes effect to the reduced rent specified in the notice given to the resident under that section.
A person must not take or dispose of a resident's goods on account of any rent owing by the resident of the rooming house.
Penalty: 60 penalty units.
(a) the rooming house operator is responsible for the payment of the electricity, gas and water; and (b) the room is separately metered.
If a rooming house operator charges an amount for services to a resident, the operator must—
(a) provide the resident with a separate schedule of the amount relating to the services that the rooming house operator provides before the resident takes up residency of the room; and (b) if the resident uses any of those services, provide the resident with an itemised account showing the resident's individual use of the services.
(a) the imposition of the service charge; or (b) the increase or decrease made to the service charge, including particulars of the change in the cost of providing the services or facilities referred to in subsection (3).
(a) withdraw the service charge; or (b) vary the amount of the service charge; or (c) otherwise vary the service charge as the Tribunal thinks fit.
A resident must use the room for residential purposes only.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) the date that the room capacity of the room is reduced to the room capacity existing immediately before the additional person commenced occupation of the room; or (b) the date that the consent of the existing resident of the room to the increase in room capacity under section 94D takes effect.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) reasonably clean; and (b) in the same condition as it was when the resident entered into occupation of the room, taking into account fair wear and tear to the room.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must not remove, deactivate or otherwise interfere with the operation of a prescribed safety device in any part of a rooming house unless it is reasonable in the circumstances to do so.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) reasonable alterations within the meaning of section 55 of the Equal Opportunity Act 2010; and (b) assessed and determined to be required modifications by an accredited occupational therapist or a prescribed practitioner.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the rooming house operator or that person's agent in contravention of this section.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must not keep an animal on the premises of the rooming house without the rooming house operator's consent.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must give the rooming house operator a key to the door to the room to allow access as permitted by this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must observe all house rules made from time to time in accordance with this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
ExampleExcessive usage charges caused by a leak in the underground pipe of a water service connected to the rooming house.
(a) the resident notified the rooming house operator, as soon as practicable, of—
(i) the excessive usage charges; and (ii) the fault that caused the excessive usage; and
(b) the fault was not caused by any action or omission of the resident.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) whether the resident had knowledge of the fault; (b) whether the resident took reasonable steps to notify the rooming house operator, or that person's agent, of the fault; (c) whether the resident has been compensated by another person for any part of the excessive usage charges; (d) whether the rooming house operator has complied with this Act in respect of any urgent repairs; (e) any diagnosis made by a water authority or other suitably qualified person in respect of the fault; (f) any maintenance and repairs conducted by the rooming house operator; (g) any other matter the Tribunal considers appropriate.
(a) minimise inconvenience and disruption to the residents; and (b) if necessary, provide temporary substitute facilities.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A rooming house operator must—
(a) provide a resident with 24 hour access to his or her room and the toilet and bathroom facilities; (b) provide access during all reasonable hours to other facilities for the resident's use in the rooming house.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A rooming house operator must take all reasonable steps to ensure security for the property of a resident in his or her room.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) a written statement in a form approved by the Director setting out in summary form the resident's rights and duties under this Act; and (b) a copy of the house rules.
Penalty: 25 penalty units.
(a) a one page written statement in a form approved by the Director setting out in summary form the resident's rights and duties under this Act; and (b) a copy of the house rules.
Penalty: 25 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) written notice of the rooming house operator's full name and address for the service of documents; and (b) an emergency telephone number to be used in the case of the need for urgent repairs.
Penalty: 150 penalty units.
(a) written notice of the agent's full name and address for service of documents and the agent's telephone number; and (b) a written statement setting out—
(i) whether or not the agent can authorise urgent repairs; and (ii) if the agent can authorise urgent repairs, the maximum amount for repairs which the agent can authorise; and (iii) the agent's telephone number for urgent repairs.
Penalty: 150 penalty units.
Penalty: 150 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A rooming house operator may make house rules relating to the use and enjoyment of facilities and rooms.
Penalty: 25 penalty units.
(a) take all reasonable steps to ensure that the house rules are observed by all residents; and (b) ensure that the house rules are reasonable and are enforced and interpreted consistently and fairly.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
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(a) the resident has taken reasonable steps to arrange for the rooming house operator or the rooming house operator's agent to immediately carry out the urgent repairs to the room or the rooming house; and
(b) the resident is unable to get the rooming house operator or the agent to carry out those repairs.
(a) the resident must give the rooming house operator 7 days written notice of the repairs carried out and the cost; and
(b) the rooming house operator is liable to reimburse the resident for the reasonable cost of the repairs or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate), whichever is less; and
(c) the rooming house operator must reimburse the resident for the reasonable cost of repairs within 7 days after receiving written notice of—
(i) the repairs; and (ii) the cost of the repairs.
(a) to fixtures, furniture or equipment supplied by the resident; or (b) if there is no immediate danger to health or safety and the resident is able to use other facilities in the rooming house.
(a) the resident cannot meet the cost of the repairs; or
(b) the repairs cost more than the prescribed amount (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate); or
(c) the rooming house operator refuses to pay the cost of the urgent repairs.
(a) the resident has given notice to the rooming house operator that repairs (other than urgent repairs) are required to the room or rooming house; and
(b) the rooming house operator has not carried out the repairs within 14 days after being given the notice.
(a) must be in writing; and (b) may be made or issued, as the case requires, by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) may investigate; and
(b) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the rooming house operator is in breach of the duty to maintain the room or rooming house in good repair; and
(c) may issue a report that—
(i) states the duty to maintain the room or the rooming house in good repair has been breached; and (ii) directs the rooming house operator to do any thing in order to comply with the duty to maintain the room or the rooming house in good repair.
(a) is in breach of a duty to ensure a room or rooming house is maintained in good repair; or (b) has failed to comply with the standards of privacy, safety, security and amenity of a room, facility, service or common area of a rooming house prescribed for the purposes of Division 8 of this Part.
(a) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the rooming house operator—
(i) is in breach of the duty to maintain the room or rooming house in good repair; or (ii) has failed to comply with the standards prescribed for the purposes of Division 8 of this Part; and
(b) must give a written report to any resident affected by the breach or failure to comply, as the case requires, and a copy of the report to the rooming house operator.
(a) to carry out specified non-urgent repairs if—
(i) the resident has given the rooming house operator written notice under section 131(1)(a); and (ii) the rooming house operator has not carried out the repairs within 14 days after receiving the notice; or
(b) to comply with a report issued by the Director under section 131.
(a) the rooming house operator to carry out specified repairs; and (b) the use of a suitably qualified person to carry out the repairs; and (c) compensation to be paid in accordance with section 212(2).
(a) whether the repairs are needed because of—
(i) an act or omission of the resident; or (ii) non-compliance by the resident with a provision of a fixed term rooming house agreement or an agreement under section 94(2) or a resident's duties under section 116;
(b) whether the rooming house operator or that person's agent—
(i) was notified of the repairs; and (ii) was given a reasonable opportunity to carry out the repairs;
(c) whether the resident arranged for a suitably qualified person to carry out the repairs; (d) whether the rooming house operator was required to engage a suitably qualified person to verify the quality of the repairs; (e) whether the resident has provided documentary evidence of the repair, including any receipts or copies of receipts for repair costs.
(a) a notice requiring the carrying out of repairs has been given to the rooming house operator in accordance with this Act; and
(b) the rooming house operator has failed to comply with the duty to carry out the repairs; and
(c) the rooming house operator has not demonstrated that the operator—
(i) is experiencing financial hardship; or (ii) would experience financial hardship if the rent was paid into the Rent Special Account.
(a) the amount of the rent held in the Rent Special Account at the end of that period must be paid to the rooming house operator; and
(b) on application by the rooming house operator, the Tribunal may order that the whole or such part of the rent as it may determine be paid to the rooming house operator before the end of that period, if it is satisfied that the operator has fulfilled or is fulfilling the operator's duty to carry out the repairs.
(a) the Tribunal has made an order under subsection (2) that rent be paid into the Rent Special Account; and (b) the rooming house operator has not effected any required repairs at the room or rooming house by the end of the period stated in that order.
(a) an eviction notice given to the rooming house operator; (b) a disconnection notice in respect of a service or utility account held by the rooming house operator; (c) a notice of legal proceedings issued against the rooming house operator; (d) a letter from a non-profit organisation about the rooming house operator's loss of employment or financial hardship; (e) a notice from a lender to the rooming house operator, including—
(i) an overdraft call; or (ii) a repossession notice in respect of a mortgaged property;
(f) outstanding medical bills of the rooming house operator; (g) a letter from a doctor in respect of the impact of the rooming house operator's illness or carer's responsibility on the ability of the rooming house operator to earn an income; (h) a final notice from a school to the rooming house operator in respect of the payment of mandatory schooling fees; (i) funeral expenses payable by the rooming house operator; (j) a repossession notice served on the rooming house operator in respect of an essential item; (k) a hardship variation, or a written request to vary the terms of an existing loan held by the rooming house operator; (l) any other prescribed document.
Sections 131 to 134 do not apply to damage caused by the misuse or the negligence of the resident or his or her visitor.
A rooming house operator or a person appointed in writing as the rooming house operator's agent for the purpose has a right to enter a room occupied by a resident—
(a) if the resident, or in the case of a shared room, each resident of the room, agrees at the time entry is sought; or (b) if there is an emergency and immediate entry is necessary to save life or valuable property; or (c) if services are provided and it is necessary to enter to provide them, but only during the hours specified in the house rules; or
(d) for a purpose set out in section 137(a), (b), (c) or (d), at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the resident, or in the case of a shared room, each resident of the room, in accordance with section 139; or
(e) for the purpose set out in section 137(e), at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 48 hours notice has been given to the resident, or in the case of a shared room, each resident of the room, in accordance with section 139.
A right of entry in respect of a room may be exercised if—
(a) before giving notice of entry, a notice to vacate or a notice of intention to vacate the room has been given and entry is required to show the room to a prospective resident; or (b) the rooming house is to be sold or used as security for a loan and entry is required to show the rooming house to a prospective buyer or lender; or
(c) entry is required to enable the rooming house operator to carry out a duty under this Act or any other Act; or
(d) the rooming house operator or the rooming house operator's agent has reasonable grounds to believe that a resident of the room has failed to comply with his or her duties under this Act; or (e) entry is required to enable inspection of the room and entry for that purpose has not been made within the last 4 weeks.
A person exercising a right of entry under this Division—
(a) must do so in a reasonable manner; and (b) must not stay in the room longer than is necessary to achieve the purpose of the entry without the resident's consent.
A notice requiring entry must—
(a) be in writing; and
(b) state why the rooming house operator or the rooming house operator's agent wishes to enter; and (c) be given—
(i) by post; or (ii) by delivering it personally to the resident between the hours of 8 a.m. and 6 p.m.
A resident of a rooming house has a duty to permit a person exercising a right of entry in accordance with this Division to enter the room.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the resident's goods in the room; or (b) may refuse to make an order.
(a) may make an order prohibiting the rooming house operator or the rooming house operator's agent from exercising a right of entry under section 136 (except for a purpose set out in section 137(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or (b) may refuse to make an order.
A rooming house operator or a rooming house operator's agent must not, without reasonable excuse, enter a room occupied by a resident otherwise than in accordance with this Division.
Penalty: 60 penalty units.
Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
A rooming house operator must comply with any prescribed requirements for the keeping and production of records of gas and electrical safety checks conducted at the rooming house.
Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
(a) for the purposes of this Division, prescribing privacy, safety, security and amenity standards in relation to all or any combination of the following—
(i) rooming houses; (ii) rooms in a rooming house; (iii) rooming house facilities and services; (iv) common areas of rooming houses; (v) the general amenity of rooming houses; and
(b) generally prescribing any matter or thing required or authorised to be prescribed by this Division.
(a) be of general or limited application; (b) differ according to differences in time, place or circumstance; (c) apply at all times or specified times; (d) require matters in the regulations to be—
(i) in accordance with specified standards or specified requirements; or (ii) approved by, or to the satisfaction of, a specified person or body or specified classes of person or body; or (iii) as specified in both subparagraphs (i) and (ii);
(e) apply, adopt or incorporate any matter contained in any document or any method, whether—
(i) wholly or partially or as amended by the regulations; or (ii) as formulated or published on or before the date when the regulations are made; or (iii) as formulated or published from time to time;
(f) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body; (g) provide for the exemption of a person or thing or classes of person or thing from any of the regulations, whether—
(i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified;
(h) leave any matter or thing to be from time to time determined or approved by the Minister, the Director or Homes Victoria.
An owner of a building who is not a rooming house operator, or that operator's agent, who has reason to believe that, or in all the circumstances ought to know that, the building is being used as a rooming house but is not a registered rooming house must notify the Council of the district in which the building is located.
Penalty: 60 penalty units.
NoteSection 67 of the Public Health and Wellbeing Act 2008 provides that it is an offence for the proprietor of prescribed accommodation within the meaning of that Act not to register that accommodation with the Council.
(a) to assist the Director to monitor compliance with this Act and the regulations; and (b) to assist Councils to monitor compliance with Part 6 of the Public Health and Wellbeing Act 2008 and regulations made under that Act to the extent that that Part and those regulations apply to rooming houses; and (c) to promote compliance with section 142D; and (d) to enable research into, and evaluation of, the State's rooming house sector; and (e) to assist the public to identify registered rooming houses and the proprietors of registered rooming houses.
(a) the particulars prescribed under the Public Health and Wellbeing Act 2008 for the purposes of section 71(c) of that Act in relation to the registration of rooming houses; (b) the information required under section 71(ca) of the Public Health and Wellbeing Act 2008; (c) the conditions (if any) imposed under section 73(2) of the Public Health and Wellbeing Act 2008 to which a registration is subject; (d) the date of expiry of the registration; (e) if applicable, the date of, and grounds for, the cancellation, suspension, transfer or variation of registration of the rooming house under section 76 of the Public Health and Wellbeing Act 2008;
(f) the contact details of the operator of the rooming house premises; (g) the contact details of the proprietor of the rooming house; (h) any other prescribed particulars.
(a) the information referred to in subsection (1)(a) and (b); (b) the date of expiry of the registration before it was cancelled or renewal of that registration was refused; (c) the date of, and grounds for, the cancellation or refusal to renew registration of the rooming house under section 76 of the Public Health and Wellbeing Act 2008.
(a) the date of the application for registration; (b) the address of the rooming house; (c) the reasons for the refusal of registration; (d) if the applicant is a body corporate, its name and ABN or ACN; (e) if the applicant is an individual, the applicant's name and ABN or date of birth.
(a) each registered rooming house located in the Council's municipal district; and (b) each rooming house located in the Council's municipal district for which registration has been cancelled or refused to be renewed.
(a) the Secretary to the Department of Justice; (b) the Secretary to the Department of Human Services; (c) the Secretary to the Department of Health; (d) a person employed under Part 3 of the Public Administration Act 2004 in the Department of Justice, the Department of Human Services or the Department of Health.
(a) the address of the registered rooming house; (b) if the proprietor of the registered rooming house is a body corporate, its name and its ABN or ACN; (c) if the proprietor of the registered rooming house is an individual, the person's name and, if applicable, the person's ABN; (d) any other prescribed information.
(a) information that has been restricted from public access under section 142K or 142KA; (b) information referred to in section 142F(3).
ExampleAn individual may wish his or her name to be restricted from access by the public.
(a) at least 28 days have passed since the Director gave written notice under subsection (6) of the decision to release the information; and (b) either—
(i) the individual has not applied to the Tribunal for a review of the decision; or (ii) the Tribunal has upheld the Director's decision to release the restricted information.
personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014.
(a) at least 28 days have passed since the Director gave written notice under subsection (6) of the decision to release the information; and (b) either—
(i) the applicant has not applied to the Tribunal for a review of the decision; or (ii) the Tribunal has upheld the Director's decision to release the restricted information.
(a) notice of the decision was given; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
A residency right in respect of a room ends if—
(a) the resident vacates the room after giving a notice of intention to vacate to the rooming house operator; or (b) the resident vacates the room after being given a notice to vacate.
A residency right in respect of a room ends on the date fixed in a possession order made by the Tribunal.
A residency right ends if the room is abandoned by the resident who has that residency right and at least 14 days have passed since the last rent payment was due.
A residency right ends if the resident's room or the rooming house—
(a) is unfit for human habitation; or (b) has been destroyed totally or to such an extent as to be rendered unsafe.
A residency right does not end merely because—
(a) an application for a licence, or for a renewal of a licence, to operate a rooming house under the Rooming House Operators Act 2016 is refused; or (b) a licence to operate a rooming house under the Rooming House Operators Act 2016 expires; or (c) the Tribunal cancels a licence to operate a rooming house under the Rooming House Operators Act 2016.
NoteSee sections 16, 20 and 33(1)(a)(v) of the Rooming House Operators Act 2016.
(a) require or force or attempt to require or force a resident to vacate the resident's room; or (b) take or attempt to take possession of a room in which a resident resides.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) interfere with the peace and comfort of a resident; or (b) withdraw any services or facilities reasonably required to allow a resident to reside in the room; or (c) prevent a resident from using any facilities; or (d) do any other act or thing intended or designed to cause the resident to abandon the room.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) an order terminating the existing fixed term rooming house agreement or agreement under section 94(2); or (b) an order—
(i) terminating the existing fixed term rooming house agreement or agreement under section 94(2); and (ii) requiring the rooming house operator to enter into a new fixed term rooming house agreement or agreement under section 94(2) with the person and other persons (if any) specified in the application.
(a) a party to the existing fixed term rooming house agreement or agreement under section 94(2) and who—
(i) has been or is being subjected to family violence by another party to the existing fixed term rooming house agreement or agreement; or (ii) is a protected person under a personal safety intervention order made against another party to the existing fixed term rooming house agreement or agreement;
(b) a person—
(i) who is residing in the room as the person's principal place of residence; and (ii) who is not a party to the existing fixed term rooming house agreement or agreement under section 94(2); and (iii) who—
(A) has been or is being subjected to family violence by a party to the existing fixed term rooming house agreement or agreement; or (B) is a protected person under a personal safety intervention order made against a party to the existing fixed term rooming house agreement or agreement.
(a) the applicant or the person on whose behalf the application was made; (b) the rooming house operator; (c) any resident who is excluded from the rooming house under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2); (d) any other existing residents of the room.
(a) within 3 business days of the application being made; or (b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(a) terminating the existing fixed term rooming house agreement or agreement under section 94(2); and (b) requiring the rooming house operator to enter into a new fixed term rooming house agreement or agreement under section 94(2) with the person and other persons (if any) referred to in the application.
(a) the specified person or that person's dependent children would be likely to suffer severe hardship if the fixed term rooming house agreement or agreement under section 94(2) were not terminated; and (b) the hardship suffered by the specified persons would be greater than any hardship the rooming house operator would suffer if the order were made; and (c) if a resident of the rooming house is excluded from the rooming house under a family violence safety notice, family violence intervention order, recognised non‑local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing fixed term rooming house agreement or agreement under section 94(2); and (d) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing fixed term rooming house agreement or agreement under section 94(2) and, in particular, whether the other residents support the specified person's application.
(a) the specified person and other persons (if any) could reasonably be expected to comply with the duties of a resident under a fixed term rooming house agreement or agreement under section 94(2); and (b) the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the rooming house; and (c) the hardship suffered by the specified person would be greater than any hardship the rooming house operator would suffer if the order were made; and (d) if a resident of the rooming house is excluded from the rooming house under a family violence safety notice, family violence intervention order, recognised non‑local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing fixed term rooming house agreement; and (e) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing fixed term rooming house agreement or agreement under section 94(2) and, in particular, whether the other residents support the specified person's application.
(a) whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by the specified person or in respect of the specified person; (b) if an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person—
(i) whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and (ii) if there is a notice or an order in effect, whether a resident of the rooming house is excluded from the rooming house under the notice or order;
(c) any prescribed matters; (d) any other matter the Tribunal considers relevant.
(a) is subject to the same rent and frequency of rent payments as the existing agreement; and (b) if the existing agreement is a fixed term rooming house agreement, runs for a term not longer than the remainder of that fixed term; and (c) otherwise, is on the same terms and conditions as the existing agreement, subject to any changes the Tribunal determines.
(a) an order that the rooming house operator must ensure that the specified person has access to the room under the existing rooming house agreement or agreement under section 94(2) to remove the person's goods; (b) an order that the rooming house operator must not list information about the specified person on a residential tenancy database within the meaning of Part 10A.
specified person means a person specified in section 142S(2).
(a) a resident who is excluded from a rooming house under—
(i) a family violence safety notice; or (ii) a family violence intervention order; or (iii) a recognised non-local DVO; or (iv) a personal safety intervention order;
(b) a person specified in section 142S(2); (c) any other resident under the existing fixed term rooming house agreement or agreement under section 94(2).
(a) a bond paid for the room; and (b) any other existing liability under the existing agreement, including—
(i) liability relating to outstanding rent; and (ii) liability relating to damage caused to the rooming house; and (iii) liability relating to outstanding utility charges.
(a) a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and (b) a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.
(a) as to those matters set out in section 142T(2), in the case of an application under section 142S(1)(b); and (b) as to those matters set out in section 142T(1B), in the case of an application under section 142S(1)(a); and (c) in accordance with any conditions to which the leave granted is subject.
(a) in the case of a resident who has entered into a fixed term rooming house agreement, 14 days after vacating the room; or (b) in any other case, 2 days after vacating the room; or (c) until another resident takes up occupancy of the room.
Penalty: 25 penalty units.
A resident who vacates a room before the day specified in the notice of intention to vacate must pay to the rooming house operator the rent for the period from the day the resident vacated the room until the day specified in the notice.
ExampleSafety equipment such as smoke alarms.
(a) another resident of the rooming house; or (b) occupiers of neighbouring properties; or (c) the rooming house operator or the operators' agent; or (d) a contractor or employee of a person referred to in paragraph (c).
(a) the rooming house operator or the operator's agent; or (b) a contractor or employee of a person referred to in paragraph (a).
(a) the resident has breached a duty provision; and (b) on 2 previous occasions the resident has been in breach of the same provision; and (c) the rooming house operator or the operator's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the resident.
NoteSee section 142ZT regarding requirements for accompanying documentary evidence.
(a) the rooming house operator intends to repair, renovate, reconstruct or demolish the rooming house immediately after the termination date; and (b) the rooming house operator has obtained all necessary permits and consents to carry out the work; and (c) the work cannot be properly carried out unless the resident vacates the rooming house.
(a) the proposed repairs, renovations or reconstruction will affect a resident's room but will not affect all the rooms in a rooming house; and (b) a room equivalent to the resident's room at an equivalent rent is available for rent in the rooming house—
the rooming house operator must not give the notice under subsection (1) unless the rooming house operator has first offered the equivalent room to the resident and the resident has refused to occupy that room in place of the resident's current room.
NoteSee section 142ZT regarding requirements for accompanying documentary evidence.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) the Tribunal determines that the room may be rented; or (b) the repairs, renovations or reconstruction have been
completed.
(a) if the agreement includes a provision enabling the rooming house operator or the resident to determine the agreement by notice (otherwise than on the grounds of a breach of the agreement) if—
(i) the period after the giving of notice and before the termination date specified in the notice is less than the period of notice required under that provision; or (ii) the termination date specified in the notice is a date other than a date on which under that provision the agreement may be determined; or
(b) in any other case, if it specifies a termination date that is earlier than the end of the term of the fixed term residency agreement.
(a) the exercise, or proposed exercise, by the by the resident of a right under this Act; or (b) the resident making a report under section 116(2).
(a) under section 142ZA after the end of 14 days after the date on which the notice is given; and (b) under section 142ZJ or 142ZK after the end of 30 days after the date on which the notice is given.
(a) the room was provided as transitional housing; and
(b) Homes Victoria, under this section, has published requirements for residents of transitional housing to seek alternative accommodation; and (c) the resident has—
(i) unreasonably refused to seek alternative accommodation in accordance with those requirements; or (ii) refused a reasonable offer of alternative accommodation made in accordance with those requirements.
(a) notice terminating the lease of the building is given by a party to that lease; or (b) if the person operating the rooming house is not the lessee, the person operating the rooming house or any other party to any lease or other agreement under which that person occupies the building gives notice terminating that lease or other agreement; or (c) the lease, or if the person operating the rooming house is not the lessee any lease or other agreement under which that person occupies the building, is terminated by consent or by agreement; or (d) the lessee or other person operating the rooming house abandons the building.
(a) a lessee of the building who is not the rooming house operator, or that person's agent, if—
(i) that person's lease is not terminated as set out in subsection (1)(a), (b) or (c); or (ii) that person has not abandoned the building; or
(b) the owner of the building or the owner's agent.
(a) the owner of the building; or (b) the lessee of the building who is not the rooming house operator.
(a) 45 days after the date on which that notice to vacate is given; or (b) in a case referred to in subsection (1)(a) or (b), the date which is the end of the period specified in the notice referred to in subsection (1)(a) or (b), as the case requires.
(a) may continue to occupy the room in the rooming house on the same terms and in the same state of repair or general condition that the resident occupied the room in the rooming house under the residency right granted by the rooming house operator; and (b) must pay rent to the owner of the building for the notice period, unless the resident can demonstrate that the resident has paid rent for the notice period to the rooming house operator.
(a) prevails over any notice to vacate given to a resident under this section; and (b) must be complied with by the resident in accordance with this Act.
(a) Part 3 (except sections 93, 94, 94A, 94B, 94C, 94D, 95, 96, 97, 98, 109, 124 and Division 8 of that Part), Part 5, sections 142ZB, 142ZC, 142ZD, 142ZE, 142ZF and 142ZI, Part 7 and Part 9 apply; and (b) a reference to a rooming house operator in those provisions includes a reference to that person.
(a) commencing on the day the person required to give notice to vacate to a resident under this section, or that person's agent, gives the resident a notice to vacate; and (b) ending on the day specified in the notice to vacate on which the resident must vacate the building.
(a) the rooming house operator's application for renewal of a licence under the Rooming House Operators Act 2016 is refused by the Business Licensing Authority and section 29(1) or 29(2) of that Act apply; or (b) the rooming house operator's application for a licence under the Rooming House Operators Act 2016 is refused by the Business Licensing Authority and section 82(2) of that Act applies.
(a) may be given orally; or (b) if required by the rooming house operator, must be given in writing.
A notice to vacate a room in a rooming house given under this Division is not valid unless—
(a) it is in the relevant prescribed form; and (b) it is addressed to the resident; and (c) it is signed by the person giving the notice or by that person's agent; and (d) it specifies the reason or reasons for giving the notice; and (e) in the case of a notice to vacate given under section 142ZJ or 142ZK, it is accompanied by documentary evidence, as approved by the Director from time to time, which supports the reason for giving the notice; and (f) it specifies the termination date which is the date by which compliance is required.
If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division—
(a) the invalidity of any of the notices does not affect the validity of any other notice; and (b) each valid notice has full force and effect.
(a) in writing; and (b) signed by the person who gave the notice; and (c) signed by the person to whom the notice was given.
Nothing in this Subdivision affects any right a resident may have to challenge the validity of any other notice to vacate under this Act.
On an application under section 142ZZ, the Tribunal must make an order that the notice to vacate is invalid if satisfied that—
(a) the applicant has been, or is being, subjected to family violence or personal violence; and (b) the relevant act or breach on which the notice to vacate was given was caused by the act of a person who has subjected the applicant to family violence or personal violence.