338 Division 1—Repealed 338 440–445 Repealed 338 Division 2—Jurisdiction of Tribunal 338 446 Jurisdiction of Tribunal 338 447 Limits of jurisdiction of Tribunal 338 448 Proceedings of Tribunal not justiciable 340 Division 3—Who may apply to Tribunal? 341 449–451 Repealed 341 452 General applications to the Tribunal 341 453–471 Repealed 342 Division 4—Orders of Tribunal 343 472 General power of Tribunal to make determinations 343 473 Powers of Tribunal where 2 or more tenancy agreements affect same premises 344 474–478 Repealed 345 479 Review of certain determinations and orders 345 480 Offence to fail to comply with determination of Tribunal 346 Division 5—Repealed 346 481–484 Repealed 346 Division 6—Rent Special Account 347 485 Rent Special Account 347 348 Division 1—Director of Consumer Affairs Victoria 348 486 Functions of Director 348 487 Powers of Director 350 488 Director subject to Minister's general direction and control 350 489 Delegation by Director 350 490 Reports of Director 350 Division 2—Residential Tenancies Fund 351 491 Establishment of Residential Tenancies Fund 351 492 Payments into the Residential Tenancies Fund 351 493 Payments out of Residential Tenancies Fund 351 494 Treasurer's powers and duties in relation to Residential Tenancies Fund 352 495 Director may authorise payments for research etc. 352
hiring charge means the amount paid by a resident to a caravan owner to occupy a caravan; invalid in relation to an agreement or guarantee, means void; landlord means— (a) the person by whom premises are let under a tenancy agreement; or (b) the person by whom the premises are to be let under a proposed tenancy agreement; motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986; s. 3 movable dwelling means a dwelling that is designed to be movable, but does not include a dwelling that cannot be situated at and removed from a place within 24 hours; owner in relation to rented premises, means the owner in fee simple of the premises; S. 3(1) def. of Part 4A dwelling inserted by No. 67/2010 s. 5(1). Part 4A dwelling means a dwelling fully or partially owned by a site tenant— (a) designed, built or manufactured to be transported from one place to another for use as a residence; or (b) any other prescribed Part 4A dwelling— but does not include— (c) a registrable movable dwelling; or (d) a registrable movable dwelling with an annexe attached; or (e) a dwelling that was previously a registrable movable dwelling but that has been modified to the extent that it
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 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; public statutory authority means an office or body corporate or unincorporate established by or under an Act for a public purpose and includes a municipal council; 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;
Subdivision 3—Application to tenancy agreements and rooming houses 20 Hotels and motels S. 20(1) amended by No. 74/2000 s. 3(Sch. 1 item 108). (1) Subject to subsections (2) and (3), this Act does not apply to a tenancy agreement or a room if the rented premises or room are situated in a motel or in premises licensed under the Liquor Control Reform Act 1998. (2) This Act applies to a tenancy agreement for rented premises situated in a motel or licensed premises if the tenancy is for a fixed term exceeding 60 days. S. 20(3) amended by No. 45/2002 s. 8. (3) Subject to section 94(1), the rooming house provisions apply to a room in a motel or licensed premises if a person— (a) occupies the room as his or her only or main residence; and s. 20 (b) has so occupied any room in that rooming house for at least 60 consecutive days since the commencement of this section. S. 21 amended by No. 45/2002 s. 9(2) (ILA s. 39B(1)). 21 Educational institutions (1) This Act does not apply to a tenancy agreement or room if the rented premises or room are, or are situated in— (a) any premises used as a school or for education and training purposes; or S. 21(b) substituted by No. 45/2002 s. 9(1). (b) any residential premises ancillary to a school or an institution which provides education and training if those premises— (i) are owned or leased by the school or the institution or formally affiliated with the school or institution; and
S. 43(1) amended by No. 67/2010 s. 100. (1) A person who receives a payment of rent from a tenant must give a written receipt in accordance with this section to the person making the payment— (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: 10 penalty units. S. 43(2) substituted by No. 45/2002 s. 11, amended by No. 67/2010 s. 100. (2) If a person receives a payment of rent from a tenant and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if a tenant 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 tenant. Penalty: 10 penalty units. S. 43(2A) inserted by No. 45/2002 s. 11, amended by No. 67/2010 s. 100. s. 43 (2A) If a tenant requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under subsection (2) must provide a copy of that record to the tenant within 5 business days after receiving the request. Penalty: 10 penalty units. S. 43(2B) inserted by No. 45/2002 s. 11. (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.
S. 66(2) amended by No. 67/2010 s. 105. (2) If there is no agent acting for the landlord, the landlord must on or before the occupation day give the tenant— (a) written notice of the landlord'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: 20 penalty units. S. 66(3) amended by No. 67/2010 s. 105. (3) If there is an agent acting for the landlord, the landlord must on or before the occupation day give the tenant— (a) written notice of the agent's full name and address for service of documents and the agent's telephone number and facsimile 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 s. 66 (iii) the agent's telephone number or facsimile number for urgent repairs. Penalty: 20 penalty units. S. 66(4) amended by No. 67/2010 s. 105. (4) A landlord must give the tenant notice in writing of any change in the information set out in subsection (2) or (3) before the end of 7 days after the change. Penalty: 20 penalty units. (5) In this section occupation day means a day that is the agreed day on which the tenant is to enter into occupation of the premises.
S. 70A(1)(b) amended by No. 53/2010 s. 221(Sch. item 9.4(a)). (b) a protected person under the family violence intervention order or, family violence safety notice or a personal safety intervention order— (i) is also a party to the tenancy agreement for the rented premises; or (ii) has been residing in the rented premises as the protected person's principal place of residence but is not a party to the tenancy agreement. (2) The protected person may change any external door or window lock, including a lock in a master key system, of the rented premises, whether or not the protected person is a party to the tenancy agreement. (3) As soon as practicable after the protected person changes any external door or window lock, the protected person must— (a) give the landlord or landlord's agent— (i) a key to the lock; and S. 70A(3)(a)(ii) amended by No. 53/2010 s. 221(Sch. item 9.4(a)). (ii) either a certified extract of the family violence intervention order or, family violence safety notice or a personal safety intervention order or a copy of the order or notice; and s. 70A (b) give a key to the lock to the parties to the tenancy agreement, other than the excluded tenant. (4) The protected person is not required to give the excluded tenant a key to the lock— S. 70A(4)(a) amended by No. 53/2010 s. 221(Sch. item 9.4(b)). (a) in the case of a family violence intervention order or a personal safety intervention order, unless the exclusion condition in the family violence intervention order or a personal safety intervention order ends; or
98 Condition report is evidence of state of repair s. 98 (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— (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: 10 penalty units.
(4) In this section Director of Housing includes any incorporated body that receives financial assistance from the Director of Housing for the purposes of providing non-profit housing. Division 5—General duties of residents and rooming house owners 110 Resident's use of room s. 110 A resident must use the room for residential purposes only. S. 111 amended by No. 63/2005 s. 15(1)(2) (ILA s. 39B(1)). 111 Resident must not use room for illegal purposes (1) In the case of a room other than a shared room, a resident must not use the room or permit its use for any purpose that is illegal at common law or under an Act. S. 111(2) inserted by No. 63/2005 s. 15(2). (2) A resident of a shared room must not use the room or permit his or her visitors to use the room for any purpose that is illegal at common law or under an Act. S. 112 amended by No. 63/2005 s. 16(1)(2) (ILA s. 39B(1)). 112 Resident's duty to pay rent (1) Subject to subsection (2), a resident must pay the agreed rent to the rooming house owner on the due date and in the agreed manner. S. 112(2) inserted by No. 63/2005 s. 16(2). (2) Despite subsection (1), if a rooming house owner contravenes section 94B or 529 by permitting an additional person to occupy a room in the rooming house, an existing resident of the room at the date that the additional person commenced occupation of the room is not liable to pay rent for his or her occupancy of the room in respect of the period commencing on that date and ending on the first of the following to occur—
(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. (4) The regulations may provide that a prescribed person is exempt from subsection (1), (2) or (3) subject to the conditions, if any, specified in the regulations. 152 How much notice is required of rent or hiring charge increase? S. 152(1) amended by No. 45/2002 s. 48(1)(a). s. 152 (1) A caravan park owner must give a resident at least 60 days notice in the prescribed form of a proposed rent increase. S. 152(2) amended by No. 45/2002 s. 48(1)(b). (2) A caravan owner must give a resident at least 60 days notice in the prescribed form of a proposed hiring charge increase. (3) A notice of a proposed rent increase under subsection (1) or a proposed hiring charge increase under subsection (2) may only provide for one rent increase or hiring charge increase. (4) If the caravan park owner is also the caravan owner or the agent of the caravan owner, the notice must specify the rent increase and hiring charge increase separately. S. 152(5) amended by No. 45/2002 s. 48(1)(c). (5) The notice of a proposed rent increase or hiring charge increase must include a statement informing the resident of the resident's right under section 153 to apply within 30 days after the
S. 209 amended by No. 67/2010 s. 78 (ILA s. 39B(1)). 209 Application for compensation or compliance order for breach of duty (1) If a breach of duty notice is not complied with, the person who gave it may apply to the Tribunal for a compensation order or a compliance order. S. 209(2) inserted by No. 67/2010 s. 78. (2) Subject to section 105 of the Fair Trading Act 1999, the Director may make an application under this section on behalf of the person who gave the notice without that person's consent. S. 209A inserted by No. 45/2002 s. 77. 209A Tribunal must hear application urgently The Tribunal must hear an application under section 209 within 5 business days after the application is made if the application relates to— (a) a breach of section 89 in relation to a right of entry for a purpose set out in section 86(1)(b); or (b) a breach of section 140 in relation to a right of entry for a purpose set out in section 137(b); or S. 209A(c) amended by No. 67/2010 s. 13(a). (c) a breach of section 204 in relation to a right of entry for a purpose set out in section 201(b); or S. 209A(d) inserted by No. 67/2010 s. 13(b). (d) a breach of section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b). 210 Application to Tribunal for compensation order on other grounds s. 209A (1) A party to a tenancy agreement may apply to the Tribunal for an order for payment to the applicant by the other party to the tenancy agreement of compensation for loss or damage suffered by the applicant because—
Subdivision 4—Notice by site owner or mortgagee S. 317X inserted by No. 67/2010 s. 22. 317X Damage s. 317X (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant or the site tenant's visitor intentionally or recklessly causes or allows serious damage to— (a) the Part 4A site; or (b) the Part 4A park; or (c) any facility in the Part 4A park. (2) The notice to vacate may require the site tenant to vacate the Part 4A site immediately. S. 317Y inserted by No. 67/2010 s. 22. 317Y Danger (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant or the site tenant's visitor by act or omission causes a danger to any person or property in the Part 4A park. (2) The notice to vacate may require the site tenant to vacate the Part 4A site immediately. (3) A site owner is not entitled to give a notice to vacate under subsection (1) if a notice to leave under section 368 has been given in respect of that act or omission. S. 317Z inserted by No. 67/2010 s. 22. 317Z Disruption (1) A site owner may give a site tenant a notice to vacate a Part 4A site if the site tenant or the site tenant's visitor seriously interrupts the quiet and peaceful enjoyment of the Part 4A park by other occupiers. (2) The notice to vacate may require the site tenant to vacate the Part 4A site immediately. S. 317ZA inserted by No. 67/2010 s. 22. 317ZA Failure to comply with Tribunal order s. 317ZA
S. 330(1) amended by No. 67/2010 ss 29(1)(a), 81(b)(i). s. 330 (1) The Tribunal must make a possession order requiring a tenant, resident or site tenant to vacate rented premises, a room and rooming house or a building, a site or a caravan on the day specified in the order if the Tribunal is satisfied— (a) in the case of an application where notice to vacate has been given, that— S. 330(1)(a)(i) amended by No. 67/2010 ss 29(1)(b), 81(b)(ii). (i) the landlord, rooming house owner, caravan park owner, caravan owner, site owner, person entitled to give a notice to vacate under section 289A or mortgagee was entitled to give the notice; and (ii) the notice has not been withdrawn; and S. 330(1)(b) amended by No. 67/2010 s. 29(1)(a)(c). (b) in the case of an application where a notice of intention to vacate has been given by a tenant, resident or site tenant, that the landlord, rooming house owner, caravan park owner, caravan owner or site owner acted reasonably by relying on the notice of intention to vacate; and S. 330(1)(c) amended by Nos 101/1998 s. 32, 67/2010 ss 29(1)(b), 81(b)(iii). (c) that the landlord, rooming house owner, caravan park owner, caravan owner, site owner, person entitled to give a notice to vacate under section 289A or mortgagee has complied with section 72 of the Victorian Civil and Administrative Tribunal Act 1998; and S. 330(1)(d) amended by No. 67/2010 ss 29(1)(a), 81(b)(iv). (d) that the tenant, resident or site tenant is still in possession of the rented premises, room, building, site or caravan after the termination date specified in the notice to vacate or notice of intention to vacate.
(c) in relation to a caravan or caravan park, goods left behind in a caravan, of which a caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee must take reasonable care in accordance with section 388; (d) in relation to a Part 4A site, goods left behind on the Part 4A site of which a site owner must take reasonable care in accordance with section 388A. Division 2—Personal documents left behind s. 380 S. 380 (Heading) inserted by No. 67/2010 s. 48(1). S. 380 amended by No. 67/2010 s. 48(2). 380 What happens if personal documents are left behind? If a tenant, resident or site tenant leaves behind personal documents, the owner of premises— S. 380(a) amended by No. 45/2002 s. 66(a). (a) must take reasonable care of the personal documents for a period of 90 days; and (b) may remove but must not destroy or dispose of the personal documents, except in accordance with this Part; and S. 380(c) amended by Nos 45/2002 s. 66(b), 67/2010 s. 48(2). (c) must take reasonable steps to notify the former tenant, resident or site tenant as to when and from where the documents may be collected. S. 380(d) repealed by No. 45/2002 s. 66(c). * * * * *
(b) a failure of the owner of premises to comply with this Part in relation to the sale of the goods. Division 4—Orders of Tribunal 395 What if proceeds of sale are not sufficient to cover costs? (1) If the proceeds of sale of stored goods are not sufficient to cover the owner of premises' reasonable costs of removal, storage, notification and sale, the owner of premises may apply to the Tribunal for compensation. S. 395(2) amended by No. 67/2010 s. 55. (2) An application under this section must be made within 6 months after the date of termination of the tenancy agreement, residency right or site agreement. S. 395(3) amended by No. 45/2002 s. 69(2). (3) In this section stored goods includes goods stored in reliance on a written statement of the Director under section 385 that in his or her opinion particular goods are goods which may not be removed and destroyed or disposed of under section 384. S. 396 amended by No. 67/2010 s. 56. 396 What if goods or documents are disposed of in contravention of this Part? If an owner of premises destroys, disposes of or sells a former tenant's, former resident's or former site tenant's goods or personal documents, otherwise than in accordance with this Part, the former tenant, former resident, former site tenant or a person who has a lawful right to those goods or documents may apply to the Tribunal for compensation.
_______________ Division 1—Interpretation s. 404 404 Definitions In this Part— bond in Divisions 3 and 4, includes an amount or the total of the amounts (if any) which are required to be added to the bond pursuant to section 439; 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 No. 67/2010 s. 61(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; (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. 406 amended by Nos 45/2002 s. 70(2), 67/2010 s. 150. 406 Duty to pay bond to Authority If a landlord receives a bond from a tenant, the landlord must, within 10 business days after the bond is received, give the amount of the bond to the Authority together with the completed bond lodgment form. Penalty: 60 penalty units. 407 Receipt for bond (1) The Authority, within 7 days after receiving an amount of the bond from a landlord, must give a receipt containing the prescribed information to— (a) the landlord; and (b) the tenant who paid the bond; and S. 407(1)(c) amended by No. 93/2003 s. 6. (c) if an amount of bond was paid on behalf of the tenant by the Director of Housing or an agent of the Director of Housing, the Director of Housing. (2) The receipt may be given in the manner determined by the Authority. 408 Bond held on trust s. 406 A landlord who receives a bond from a tenant holds the bond on trust for the tenant until the bond is paid to the Authority. 409 What if the landlord is late in lodging the bond? S. 409(1) amended by No. 45/2002 s. 71. (1) A tenant may notify the Authority if the tenant does not receive a receipt from the Authority within 15 business days after giving the amount of bond to the landlord. (2) If the landlord gives an amount of bond to the Authority after the tenant notifies the Authority
S. 419(2) repealed by No. 52/1998 s. 238(a). * * * * * 420 Determination by Tribunal s. 420 The Tribunal must determine any application made to it under section 416 or 417. 421 Bond paid by Director of Housing S. 421(1) amended by No. 93/2003 s. 14(1). (1) The Director of Housing is a party to any proceeding before the Tribunal in relation to an amount of bond which was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing. S. 421(2) repealed by No. 52/1998 s. 238(b). * * * * * (3) The Authority must pay to the Director of Housing or an agent of the Director of Housing and not to the tenant any amount of bond to which the tenant is entitled under this Part if— S. 421(3)(a) amended by No. 93/2003 s. 14(2). (a) the bond lodgment form states that the amount of bond was paid on behalf of the tenant by the Director of Housing or an agent of the Director of Housing; or S. 421(3)(b) amended by No. 93/2003 s. 14(3). (b) the Director of Housing advises the Authority in writing that the amount of bond was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing.
Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 42) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012 Assent Date: 18.9.12 Commencement Date: S. 5 on 19.9.12: s. 2(1) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Explanatory Details Endnotes No entries at date of publication.