periodic tenancy agreement means a tenancy agreement other than a fixed term tenancy agreement; personal documents means— (a) official documents; or (b) photographs; or (c) correspondence; or (d) any other document which it would be reasonable to expect that a person would want to keep; S. 3(1) def of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 9.2). personal safety intervention order has the meaning given by the Personal Safety Intervention Orders Act 2010; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 144.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of prescribed rating system inserted by No. 32/2010 s. 78(2). prescribed rating system, in relation to water appliances, fixtures and fittings, means a system of rating the water efficiency of water appliances, fixtures and fittings that is prescribed; S. 3(1) def. of principal registrar inserted by No. 52/1998 s. 235(2)(b). principal registrar means principal registrar of the Tribunal;
S. 3(1) def. of proprietor inserted by No. 56/2012 s. 14. proprietor, in relation to a rooming house, means a person providing prescribed accommodation within the meaning of the Public Health and Wellbeing Act 2008, where the prescribed accommodation is a rooming house; S. 3(1) def. of public statutory authority amended by No. 23/2016 s. 26(1). public statutory authority means an office or body corporate or unincorporate established by or under an Act for a public purpose and includes a Council; S. 3(1) def. of registered rooming house inserted by No. 56/2012 s. 14. registered rooming house means a rooming house registered in accordance with Division 4 of Part 6 of the Public Health and Wellbeing Act 2008 because it is prescribed accommodation within the meaning of that Act; S. 3(1) def. of registrable movable dwelling inserted by No. 67/2010 s. 5(1). registrable movable dwelling means a movable dwelling that is or has been registered or is required to be registered under the Road Safety Act 1986; S. 3(1) def. of Registrar repealed by No. 52/1998 s. 235(2)(c). * * * * * S. 3(1) def. of rent amended by Nos 63/2005 s. 4(b), 67/2010 s. 5(5). rent means— (a) in relation to a tenancy agreement, the amount paid to a landlord by a tenant to occupy rented premises and use facilities and services; or (b) in relation to the residency of a rooming house, the amount paid to a rooming house owner by a resident to
occupy a room and use facilities and services; or (c) in relation to the residency of a caravan park, the amount paid to a caravan park owner by a resident to occupy a site and use facilities and services; or (d) in relation to a site agreement, the amount paid to a site owner by a site tenant to occupy a Part 4A site and use facilities and services— but does not include any amount for which a tenant or resident is liable under section 52, 57, 108, 109A, 162 or 206ZE; Rent Special Account means the Rent Special Account established under section 485; rented premises in relation to a tenancy agreement to which this Act applies means the premises let under the tenancy agreement; residency right means— (a) in relation to a room or rooming house, a right conferred by section 92; or (b) in relation to a site or caravan in a caravan park or a caravan park, a right conferred by section 143; S. 3(1) def. of resident amended by Nos 63/2005 s. 4(c), 67/2010 s. 5(6). resident means— (a) in relation to a rooming house, a person who, with the agreement of the rooming house owner, occupies a room as his or her only or main residence; or (b) in relation to a caravan park, a person (other than a site tenant) who occupies a site in the caravan park as his or her only or main residence and—
tenant means— (a) the person to whom premises are let under a tenancy agreement; and (b) the person to whom premises are to be let under a proposed tenancy agreement; this Act includes the regulations; trailer means a trailer within the meaning of the Road Safety Act 1986; S. 3(1) def. of Tribunal substituted by No. 52/1998 s. 235(2)(d). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 3(1) def. of unregistrable movable dwelling inserted by No. 67/2010 s. 5(1), amended by No. 43/2012 s. 3(Sch. item 42.1). unregistrable movable dwelling means a movable dwelling that— (a) is constructed on a chassis or in prefabricated sections; and (b) once installed, is a freestanding dwelling with solid walls and roof; and (c) is not a registrable movable dwelling; urgent repairs means any work necessary to repair or remedy— (a) a burst water service; or (b) a blocked or broken lavatory system; or (c) a serious roof leak; or (d) a gas leak; or (e) a dangerous electrical fault; or (f) flooding or serious flood damage; or (g) serious storm or fire damage; or
(4) A consent under this section to an increase in the room capacity of a room does not take effect until the end of the period of 7 days after— (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. (5) A consent under this section is of no effect if the notice under section 94B is invalid. Division 2—Bonds S. 95 amended by No. 45/2002 s. 30. 95 Payment of bond A rooming house owner may require a resident or proposed resident to pay a bond before the resident commences occupation of a room as a resident. S. 96 amended by No. 67/2010 s. 110. 96 What is the maximum bond? A rooming house owner must not demand or accept a bond that exceeds the equivalent of 14 days rent. Penalty: 20 penalty units. 97 Condition report S. 97(1) amended by Nos 45/2002 s. 31(1), 67/2010 s. 111. (1) If a resident or proposed resident pays a bond, the rooming house owner must, before the resident or proposed resident commences occupation of the room as a resident, give the resident or proposed resident 2 copies of a condition report signed by or on behalf of the owner specifying the state of repair and general condition of the room on the day specified in the report. Penalty: 10 penalty units.
S. 97(2) amended by No. 45/2002 s. 31(2). (2) Within 3 business days after commencing occupation of the room as a resident, the resident must return one copy of the condition report to the rooming house owner— (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. 98 Condition report is evidence of state of repair (1) A statement in a condition report under section 97 is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the room on the day specified in the report if the report is signed by or on behalf of the rooming house owner and the resident. (2) Subsection (1) does not apply to— (a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the room; or (b) a statement with which the resident disagrees under an endorsement on the report. Division 3—Rent S. 99 amended by No. 67/2010 s. 112. 99 Limit on rent in advance A rooming house owner must not require a resident to pay rent more than 14 days in advance. Penalty: 20 penalty units. 100 Receipts for rent S. 100(1) amended by No. 67/2010 s. 113. (1) A person who receives a payment of rent from a resident of a rooming house must give a written receipt in accordance with this section to the person making the payment—
105 Payment of increased rent pending Tribunal decision S. 105(1) amended by No. 63/2005 s. 12(1). (1) Pending the Tribunal's decision under section 104 in respect of an increase in rent, the resident must pay, from the time that the proposed increase is to apply— (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. S. 105(1A) inserted by No. 63/2005 s. 12(2). (1A) Pending the Tribunal's decision under section 104 in respect of a reduction in rent for a shared room, the resident must pay, from the time that the reduced rent is to apply, the reduced rent specified by the rooming house owner in the notice given under section 94B. S. 105(2) amended by No. 63/2005 s. 12(3). (2) If the Tribunal makes an order under section 104 in respect of an increase in rent, it may also order that any excess rent paid by the resident from the time the increase took effect until the date of the order be refunded by the rooming house owner. S. 105(2A) inserted by No. 63/2005 s. 12(4). (2A) If the Tribunal makes an order under section 104 in respect of a reduction in rent for a shared room, it may also order that any excess rent paid by the resident from the date that the relevant increase in room capacity took effect until the date of the order be refunded by the rooming house owner. (3) The order may specify the procedure for the refund to the resident.
S. 151(2) substituted by No. 45/2002 s. 47, amended by No. 67/2010 s. 124. (2) If a person receives a payment of rent or a payment of a hiring charge from a resident and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent or the payment of a hiring charge until the earlier of— (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: 10 penalty units. S. 151(2A) inserted by No. 45/2002 s. 47, amended by No. 67/2010 s. 124. (2A) If a resident requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent or the payment of a hiring charge, a person who keeps a record under subsection (2) must provide a copy of that record to the resident within 5 business days after receiving the request. Penalty: 10 penalty units. S. 151(2B) inserted by No. 45/2002 s. 47. (2B) For the purposes of subsection (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of subsection (3) to be identified. (3) A receipt under this section must be signed by the person who receives the payment and must state— (a) the name of the resident and the caravan park; 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 or a hiring charge.
(a) the Tribunal may make an order requiring the rooming house owner to comply with that provision; and (b) if the Tribunal is satisfied that compensation should be paid it may make an order directing the rooming house owner to pay compensation as specified in the order. S. 212(3) amended by No. 67/2010 s. 16(b). (3) If an application is in relation to an alleged breach of house rules, caravan park rules or Part 4A park rules, in addition to the orders set out in subsection (1), or instead of those orders, the Tribunal may declare the rule to be invalid. S. 212(4) amended by No. 67/2010 s. 16(c)(d). (4) If an order is made against a tenant, resident or site tenant, the order must specify that if the order is not complied with, the tenant, resident or site tenant may be given a notice to vacate the rented premises, room, site or Part 4A site. S. 212(5) amended by Nos 63/2005 s. 25(2), 67/2010 s. 16(d). (5) If an order for compensation is made in favour of a tenant, resident or site tenant, the order may specify that the compensation be in the form of a refund or reduction of the rent or hiring charges payable by the tenant, resident or site tenant. 213 Compensation for unpaid rent (1) A landlord is not entitled to claim compensation under this Act for a failure of a tenant to pay rent under a tenancy agreement unless the rent is unpaid for at least 14 days after it has accrued due. (2) Subsection (1) does not apply if the tenant on not less than 2 previous occasions has failed to pay
(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. (2) The notice must specify a termination date that is not less than 30 days after the date on which the notice is given. (3) In this section transitional housing means accommodation for a period of more than 14 days and less than 12 months provided to persons in crisis as a result of homelessness or impending homelessness. (4) The Director of Housing, by notice published in the Government Gazette, may publish its requirements for tenants of transitional housing to seek alternative accommodation. 263 Notice to vacate for no specified reason (1) A landlord may give a tenant a notice to vacate rented premises without specifying a reason for the giving of the notice. S. 263(2) amended by No. 45/2002 s. 26(1). (2) The notice must specify a termination date that is not less than 120 days after the date on which the notice is given. 264 Prohibition on letting premises after notice S. 264(1) amended by No. 67/2010 s. 134. (1) A landlord or a person acting on behalf of a landlord who obtains possession of rented premises in respect of which a notice to vacate has been given under sections 256 to 259 must not let the premises to a person for use primarily as a residence before the end of 6 months after the date on which the notice was given.
unless the manager has reasonable grounds to believe that— (c) a serious act of violence by a resident or a resident's visitor has occurred on the rented premises; or (d) the safety of any person on the managed premises is in danger from a resident or a resident's visitor. Penalty: 60 penalty units. S. 369 amended by No. 67/2010 s. 143. 369 Offence to remain on premises if given notice to leave A person who has been given a notice to leave managed premises under section 368 must not remain on the managed premises after receiving that notice. Penalty: 20 penalty units. S. 370 (Heading) inserted by No. 67/2010 s. 39(1). 370 What happens if a notice to leave is given? S. 370(1) amended by No. 67/2010 s. 39(2)(3) (as amended by No. 36/2011 s. 38(1)). (1) If a resident is given a notice to leave managed premises under section 368, the tenancy agreement, residency right or site agreement of that resident in respect of the rented premises, room, site or Part 4A site in the managed premises is suspended. S. 370(2) amended by Nos 45/2002 s. 93, 67/2010 s. 39(3) (as amended by No. 36/2011 s. 38(1)). (2) Despite subsection (1), unless the Tribunal makes an order under section 376(1)(b), the resident is still required to pay— (a) any rent under that tenancy agreement, residency right or site agreement in respect of the period that the tenancy agreement,
Division 1—Preliminary 378 Application of this Part This Part applies if— (a) in the case of rented premises, the tenancy agreement has been terminated and goods have been left behind; (b) in the case of a rooming house, a resident has vacated a room and goods have been left behind; S. 378(c) amended by No. 67/2010 s. 46(a). (c) in the case of a caravan park, the caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee has taken possession of a caravan which a resident has vacated and goods have been left behind; S. 378(d) amended by No. 67/2010 s. 46(b). (d) in the case of a Part 4A site, the site agreement has been terminated and goods have been left behind. 379 Definitions In this Part— S. 379 def. of owner of premises amended by No. 67/2010 s. 47(1). owner of premises means— (a) in relation to rented premises in respect of which a tenancy agreement has been terminated, the former landlord; and (b) in relation to a rooming house, the rooming house owner; and (c) in relation to a caravan or caravan park, the caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee; and (d) in relation to a Part 4A site, the site owner;
S. 404 def. of bond substitution form inserted by No. 47/2012 s. 9(a). bond substitution form means a form completed and signed by a tenant in accordance with section 410B for the purposes of lodgment of a substitute bond under that section; S. 404 def. of Director of Housing voucher inserted by No. 93/2003 s. 4, amended by No. 67/2010 s. 61(a). Director of Housing voucher means a voucher issued by the Director of Housing or an agent of the Director of Housing for payment of an amount of bond on behalf of a tenant or site tenant; S. 404 def. of landlord amended by Nos 67/2010 s. 61(b), 47/2012 s. 9(b). landlord includes— (a) rooming house owner; (b) caravan park owner; (c) caravan owner; (ca) site owner; (d) in Divisions 3 and 4, former landlord, former rooming house owner, former caravan park owner, former caravan owner and former site owner; (e) agent of a landlord or a person referred to in paragraphs (a) to (d); rent includes hiring charge; S. 404 def. of rented premises amended by No. 67/2010 s. 61(c). rented premises includes room, site, caravan and Part 4A site; S. 404 def. of tenancy agreement amended by No. 67/2010 s. 61(d). tenancy agreement includes residency right and site agreement;
landlord includes— (a) rooming house owner; (b) caravan park owner; (c) caravan owner; (d) site owner; (e) agent of a landlord or a person referred to in paragraphs (a) to (d); list, personal information in a residential tenancy database— (a) means— (i) enter the personal information into the database; or (ii) give the personal information to a database operator or someone else for entry into the database; and (b) includes amend personal information about a person in the database to include additional personal information about the person; out of date, in relation to personal information in a residential tenancy database, means the information is no longer accurate because— (a) for a listing made on the basis the person owes a landlord an amount that is more than the bond, the amount owed was paid to the landlord within 3 months after the amount became due; or
Part 4A dwelling purchase agreement, $100 000; S. 447(1)(c) amended by Nos 67/2010 s. 63(1), 56/2012 s. 10(1). (c) make a determination requiring or authorising the payment of an amount that exceeds $10 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000; S. 447(1)(d) amended by Nos 67/2010 s. 63(1), 56/2012 s. 10(1). (d) make a determination requiring or authorising the carrying out of works, the estimated cost of which exceeds $10 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000. S. 447(1A) inserted by No. 45/2002 s. 83(2). (1A) Subject to subsection (3), the Tribunal must not hear and determine an application— (a) by a landlord or tenant under a tenancy agreement which involves a monetary claim for an amount exceeding $10 000; or (b) by a rooming house owner or resident in relation to the rooming house provisions, a residency right or an agreement referred to in section 94(2) which involves a monetary claim for an amount exceeding $10 000; or S. 447(1A)(c) amended by No. 67/2010 s. 63(2)(a). (c) by a caravan park owner, a caravan owner or a resident in relation to the caravan park provisions, a residency right or an agreement referred to in section 144(1), (2) or (3) which involves a monetary claim for an amount exceeding $10 000; or S. 447(1A)(d) inserted by No. 67/2010 s. 63(2)(b), amended by No. 56/2012 s. 10(2). (d) by a site owner or a site tenant in relation to the site agreement provisions, a Part 4A dwelling purchase agreement or a site agreement which involves a monetary claim for an amount exceeding $100 000.
Pt 11 Div. 5 (Heading and ss 481–484) amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 52/1998 s. 238(k). * * * * * Division 6—Rent Special Account 485 Rent Special Account S. 485(1) amended by No. 52/1998 s. 238(l)(i). (1) The principal registrar must establish a trust account to be called the "Rent Special Account". S. 485(2) amended by No. 52/1998 s. 238(l)(ii). (2) There must be paid into the Rent Special Account all money paid under an order of the Tribunal authorising the payment of rent or hiring charges into that Account. (3) Money in the Rent Special Account may be paid out only in accordance with section 77, 134 or 193. (4) There must be paid into the Residential Tenancies Fund any amount of interest received on the investment of the Rent Special Account. S. 485(5) amended by Nos 52/1998 s. 238(l)(iii), 11/2001 s. 3(Sch. item 63.2). (5) The principal registrar must open and maintain accounts at an authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth in the State for the purposes of the Rent Special Account.
Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 504 amended by Nos 52/1998 s. 240(b), 67/2010 s. 159. 504 Offence to give false information A person must not knowingly make a false or misleading statement or provide false or misleading information to the Authority or the Director under this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. 505 Certain penalties prohibited S. 505(1) amended by No. 67/2010 s. 160. (1) A person must not demand or accept from a tenant under a tenancy agreement who has failed to comply with the tenancy agreement or with any of the provisions of this Act relating to the tenancy agreement the payment by reason of the failure of any amount other than— (a) subject to this Act, rent under the tenancy agreement; or (b) an amount or penalty provided for in this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.
Ss 510E–510J inserted by No. 103/2004 s. 65, repealed by No. 32/2006 s. 94(Sch. item 42(3)). * * * * * Division 3—Regulations 511 Regulations (1) The Governor in Council may make regulations for or with respect to— S. 511(1)(a) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(a) inserted by No. 19/2009 s. 21. (a) criteria to be considered by a school or institution which provides education and training before entering a written agreement referred to in section 21(2); S. 511(1)(b) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(b) inserted by No. 19/2009 s. 21. (b) the form of a notice required to be displayed under section 505B; S. 511(1)(c) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(c) inserted by No. 19/2009 s. 21. (c) endorsements by schools or institutions which provide education and training of notices required to be displayed under section 505B; S. 511(1)(d) amended by No. 52/1998 s. 242(a)(ii). (d) the manner of lodgment of documents with the Authority or the Director (including electronic lodgment and lodgment by facsimile); S. 511(1)(e) repealed by No. 52/1998 s. 242(a)(iii). * * * * *
(b) authorise any officer or employee of the Metropolitan Fire and Emergency Services to exercise the powers set out in section 526. S. 525(3) amended by No. 67/2010 s. 87(3). (3) The Secretary to the Department of Planning and Community Development must issue an identity card to each person authorised by the Secretary under this section. S. 525(4) amended by No. 23/2016 s. 26(6). (4) A Council must issue an identity card to each person authorised by the Council under this section. S. 525(4A) inserted by No. 67/2010 s. 87(4). (4A) The Chief Officer within the meaning of the Country Fire Authority Act 1958 must issue an identity card to each person authorised under subsection (2A). S. 525(4B) inserted by No. 67/2010 s. 87(4). (4B) The Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958 must issue an identity card to each person authorised under subsection (2B). (5) An identity card must— (a) contain a photograph of the authorised person; and (b) contain the signature of the authorised person; and (c) if the identity card is issued by the Secretary, be signed by the Secretary; and S. 525(5)(d) amended by Nos 67/2010 s. 87(5)(a), 23/2016 s. 26(6). (d) if the identity card is issued by a Council , be signed by a member of staff of the Council appointed for the purpose; and S. 525(5)(e) inserted by No. 67/2010 s. 87(5)(b). (e) if the identity card is issued by the Chief Officer within the meaning of the Country Fire Authority Act 1958, be signed by the Chief Officer; and
making the application has not expired before that commencement. 11 Warrants of possession Despite the amendment of section 355(1) by the Residential Tenancies (Amendment) Act 2002, a warrant of possession in the form approved by the Minister is sufficient for the purposes of Part 7 if the warrant— (a) was issued before the commencement of section 90 of that Act; and (b) before that commencement has not— (i) lapsed or been cancelled; or (ii) been executed. Sch. 1 Div. 4 (Heading and cls 12–14) inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). Division 4—Australian Consumer Law and Fair Trading Act 2012 Sch. 1 cl. 12 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 12 Commencement day In this Division, commencement day means the day on which section 236 of the Australian Consumer Law and Fair Trading Act 2012 comes into operation. Sch. 1 cl. 13 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 13 Saving for protected tenants Part V of the Landlord and Tenant Act 1958 continues to apply to a lease of premises to which that Part applied immediately before the commencement day for so long as those premises remain prescribed premises.
Assent Date: 22.10.02 Commencement Date: Ss 4–100 on 1.7.03: Government Gazette 5.6.03 p. 1287 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Fair Trading (Amendment) Act 2003, No. 30/2003 Assent Date: 27.5.03 Commencement Date: S. 91 on 28.5.03: s. 2(1) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Residential Tenancies (Amendment) Act 2003, No. 93/2003 Assent Date: 25.11.03 Commencement Date: 30.6.04: s. 2(2) : All of Act in operation Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004 Assent Date: 21.12.04 Commencement Date: Ss 62–67 on 22.12.04: s. 2(1) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 174) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Residential Tenancies (Further Amendment) Act 2005, No. 63/2005 Assent Date: 20.9.05 Commencement Date: Ss 4–6, 8, 14–31 on 20.9.05: s. 2(1); ss 7, 9–13 on 1.12.05: s. 2(3) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: S. 248 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006