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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Residential Tenancies (Further Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Residency right 3
6. New sections 92A and 92B inserted 4
92A. Exclusive occupancy right 4
92B. Shared room right 4
7. New section 92C inserted 4
92C. Notice to resident of residency right 4
8. Power to enter into tenancy agreements 5
9. New Division 1A inserted in Part 3 6
Division 1A--Shared Room Rights 6
94B. Consent required for increase in room capacity 6
94C. Notice of increase in room capacity 6
94D. Consent of resident to increased room capacity 8
10. Resident may complain to Director about excessive rent 9
11. What can the Tribunal order? 10
12. Payment of rent pending Tribunal's decision 11
13. New section 106A inserted 11
106A. Rent must be reduced if room capacity increased 11
14. Separately metered rooms 12
15. Resident must not use room for illegal purposes 12
16. Resident's duty to pay rent 12
17. Quiet enjoyment--resident's duty 13
18. Quiet enjoyment--rooming house owner's duty 13
19. What can the Tribunal order? 13
20. Access to room 14
21. Grounds for entry of a room 14
22. Caravan parks 14
23. New section 210A inserted 14
210A. Application to Tribunal by resident for compensation 14
24. Matters which may be considered by Tribunal 14
25. Orders of Tribunal 15
26. Termination by abandonment 15
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Clause Page
27. Use of room for illegal purpose 15
28. Warrant of possession 16
29. Offence to allow occupation pending hearing 16
30. New heading to Part 15 16
31. New sections 528 to 531 substituted 16
528. Definition of 2005 Act 16
529. Number of occupants of room frozen at Royal Assent 17
530. Rights of existing residents 17
531. Notice to existing residents 18
ENDNOTES 20
ii
551292B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Residential Tenancies Act 1997 to clarify the residency
rights of occupiers of shared rooms in rooming houses and for other
purposes.
Residential Tenancies (Further
Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Residential Tenancies Act 1997 to clarify the
residency rights of occupiers of shared rooms in
rooming houses.
5
1
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Residential Tenancies (Further Amendment) Act 2005
s. 2
Act No.
2. Commencement
(1) This Act (except sections 7, 9, 10, 11, 12 and 13)
comes into operation on the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), sections 7, 9, 10, 11, 12
5
and 13 come into operation on a day to be
proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 December 2005,
it comes into operation on that day.
10
3. Principal Act
See: In this Act the Residential Tenancies Act 1997 is
Act No.
called the Principal Act.
109/1997.
Reprint No. 3
as at
1 July 2003
and
amending
Act Nos
93/2003,
103/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
In section 3(1) of the Principal Act--
15
(a) insert the following definitions--
' "exclusive occupancy right", in relation to
a room or rooming house, means a
residency right of a kind set out in
section 92A;
20
"room capacity" means the number of
persons who may be accommodated in
a room;
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s. 5
Act No.
"shared room" means a room that is
occupied by one or more residents with
shared room rights;
"shared room right" means a residency
right of a kind set out in section 92B;';
5
(b) in the definition of "rent" after "108" insert
", 109A";
(c) in paragraph (b) of the definition of
"resident" for "90 consecutive days"
substitute "60 consecutive days".
10
5. Residency right
At the end of section 92 of the Principal Act
insert--
"(2) A residency right may be an exclusive
occupancy right or a shared room right.
15
(3) A residency right is an exclusive occupancy
right unless--
(a) the rooming house owner has given the
resident a notice under section 92C
specifying that the right is a shared
20
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
25
shared room right under section 530.".
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6. New sections 92A and 92B inserted
After section 92 of the Principal Act insert--
"92A. Exclusive occupancy right
(1) An exclusive occupancy right gives a
resident a right to exclusive occupancy of the
5
room.
(2) To avoid doubt it is declared that 2 or more
residents may have exclusive occupancy of a
room.
10 Example
Two domestic partners may share a room and have
exclusive occupancy. A rooming house owner would not be
able to introduce another person to share the room while the
exclusive occupancy right exists.
92B. Shared room right
15
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 owner.
20 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
25 room under a residency agreement. Each resident has a
shared room right.".
7. New section 92C inserted
Before section 93 of the Principal Act insert--
"92C. Notice to resident of residency right
(1) A rooming house owner must give each
30
proposed resident a notice in accordance
with this section before the proposed resident
commences occupation of a room.
Penalty: 5 penalty units.
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Act No.
(2) The notice must--
(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
5
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.
(3) If the residency right is to be a shared room
10
right, the notice must also--
(a) specify the room capacity of the room;
and
(b) state that the resident will not be
notified before another resident takes
15
up occupancy of the room; and
(c) state that the rooming house owner will
choose the other residents who will be
permitted to take up occupancy of the
room; and
20
(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.".
25
8. Power to enter into tenancy agreements
After section 94(3) of the Principal Act insert--
"(3A) Despite sub-sections (1) and (1A), a resident
cannot enter into a tenancy agreement with a
rooming house owner in respect of a room
30
unless the resident has or is to have exclusive
occupancy of the room.".
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Act No.
9. New Division 1A inserted in Part 3
After Division 1 of Part 3 of the Principal Act
insert--
"Division 1A--Shared Room Rights
94B. Consent required for increase in room
5
capacity
(1) A rooming house owner must not increase
the room capacity of a room that is occupied
by one or more residents unless--
(a) the rooming house owner has first
10
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
15
capacity in accordance with
section 94D; and
(c) each consent has taken effect.
Penalty: 5 penalty units.
(2) If a resident who has an exclusive occupancy
20
right consents under section 94D to an
increase in room capacity, that residency
right becomes a shared room right when that
consent takes effect.
94C. Notice of increase in room capacity
25
(1) A notice given by a rooming house owner
under section 94B must--
(a) be in writing in a form approved by the
Director; and
(b) state the date on which it is given; and
30
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s. 9
Act No.
(c) state that it is given under section 94B;
and
(d) state that the rooming house owner is
seeking the consent of the resident to
increase the room capacity of the room;
5
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
10
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 owner will
15
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
20
(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
25
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
30
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(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
5
(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--
10
(i) the increase in room capacity also
takes effect; and
(ii) the new reduced rent also takes
effect.
(2) A notice given by the rooming house owner
15
under section 94B ceases to have effect
14 days after it is given.
(3) A notice given by a rooming house owner
under section 94B is invalid if--
(a) it fails to state the new reduced rent
20
payable by the resident or otherwise
fails to comply with sub-section (1); or
(b) the proposed room capacity of the room
will exceed the number of persons
permitted by law to be accommodated
25
in the room.
94D. Consent of resident to increased room
capacity
(1) A resident who receives a notice under
section 94B may consent to the increase in
30
room capacity.
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s. 10
Act No.
(2) A consent must--
(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
5
(d) be dated with the date of signing.
(3) A resident may withdraw a consent he or she
gives under this section by giving written
notice of that withdrawal to the rooming
house owner within 3 days after the consent
10
is given.
(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--
15
(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.
20
(5) A consent under this section is of no effect if
the notice under section 94B is invalid.".
10. Resident may complain to Director about excessive
rent
(1) After section 102(1) of the Principal Act insert--
25
"(1A) A resident of a rooming house may apply to
the Director to investigate and report if--
(a) the resident's rent has been reduced as a
result of an increase in the room
capacity of the resident's room; and
30
(b) the resident considers that the reduction
is insufficient and the rent is
excessive.".
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s. 11
Act No.
(2) After section 102(2) of the Principal Act insert--
"(2A) An application under sub-section (1A) must
be made in writing within 30 days after the
notice of the proposed increase in room
capacity was given to the resident under
5
section 94B.".
11. What can the Tribunal order?
(1) After section 104(3)(b) of the Principal Act
insert--
"(ba) in the case of a shared room, the rent payable
10
by each resident of a similar shared room in
the rooming house;
(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
15
location;".
(2) For section 104(3)(f) of the Principal Act
substitute--
"(f) any improvements made to the room that
should not be considered in calculating the
20
rent because they were made by the
resident.".
(3) After section 104(5) of the Principal Act insert--
"(6) Sub-section (5) does not apply if the order
relates to an application made under
25
section 103 in relation to a reduction in rent
following an increase in the room capacity of
a resident's room.".
10
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s. 12
Act No.
12. Payment of rent pending Tribunal's decision
(1) In section 105(1) of the Principal Act after
"section 104" insert "in respect of an increase in
rent".
(2) After section 105(1) of the Principal Act insert--
5
"(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
10
rooming house owner in the notice given
under section 94B.".
(3) In section 105(2) of the Principal Act after
"section 104" insert "in respect of an increase in
rent".
15
(4) After section 105(2) of the Principal Act insert--
"(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
20
that the relevant increase in room capacity
took effect until the date of the order be
refunded by the rooming house owner.".
13. New section 106A inserted
After section 106 of the Principal Act insert--
25
"106A. Rent must be reduced if room capacity
increased
If the room capacity of a room is increased
under section 94B, the rooming house owner
must reduce the rent payable by each person
30
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.".
35
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Act No.
14. Separately metered rooms
After section 108(2) of the Principal Act insert--
"(3) This section does not apply to a resident of a
shared room.".
15. Resident must not use room for illegal purposes
5
(1) In section 111 of the Principal Act for
"A resident" substitute "In the case of a room
other than a shared room, a resident".
(2) At the end of section 111 of the Principal Act
insert--
10
"(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.".
16. Resident's duty to pay rent
15
(1) In section 112 of the Principal Act for
"A resident" substitute "Subject to sub-
section (2), a resident".
(2) At the end of section 112 of the Principal Act
insert--
20
"(2) Despite sub-section (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
25
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--
30
(a) the date that the room capacity of the
room is reduced to the room capacity
existing immediately before the
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s. 17
Act No.
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
5
effect.".
17. Quiet enjoyment--resident's duty
At the end of section 113 of the Principal Act
insert--
"(2) A resident of a shared room does not breach
10
a duty under this section simply by sharing
the room with another resident.".
18. Quiet enjoyment--rooming house owner's duty
At the end of section 122 of the Principal Act
insert--
15
"(2) A rooming house owner must take all
reasonable steps to ensure that a resident of a
shared room does not do anything or permit
his or her visitors to do anything that
interferes with the privacy, peace and quiet
20
of, or the proper use and enjoyment of the
room by, other residents of the room.
(3) A rooming house owner does not breach a
duty under sub-section (1) simply by
permitting more than one resident to occupy
25
a shared room in accordance with this Part.".
19. What can the Tribunal order?
After section 133(2) of the Principal Act insert--
"(3) If an order under this section in relation to a
room is made on the application of a resident
30
of a shared room, the Tribunal must include
in the order a direction to the rooming house
owner to give a copy of the order to each
other resident of the shared room.".
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s. 20
Act No.
20. Access to room
In section 136 of the Principal Act--
(a) in paragraph (a) after "resident" insert ", or
in the case of a shared room, each resident of
the room,";
5
(b) in paragraph (d) after "resident" insert ", or
in the case of a shared room, each resident of
the room,".
21. Grounds for entry of a room
In section 137(d) of the Principal Act for "the
10
resident" substitute "a resident of the room".
22. Caravan parks
In section 145(b) of the Principal Act for
"90 consecutive days" substitute "60 consecutive
days".
15
23. New section 210A inserted
After section 210 of the Principal Act insert--
"210A. Application to Tribunal by resident for
compensation
If a rooming house owner fails to comply
20
with section 94B, 529 or 531 in relation to a
resident, the resident may apply to the
Tribunal for an order under section
212(2A).".
24. Matters which may be considered by Tribunal
25
In section 211 of the Principal Act for "or 210"
substitute ", 210 or 210A".
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s. 25
Act No.
25. Orders of Tribunal
(1) After section 212(2) of the Principal Act insert--
"(2A) In the case of an application under
section 210A, if the Tribunal is satisfied that
a rooming house owner has failed to comply
5
with section 94B, 529 or 531--
(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
10
compensation should be paid it may
make an order directing the rooming
house owner to pay compensation as
specified in the order.".
(2) In section 212(5) of the Principal Act before
15
"reduction" insert "refund or".
26. Termination by abandonment
In section 271 of the Principal Act after
"abandoned" insert "by the resident who has that
residency right".
20
27. Use of room for illegal purpose
(1) In section 284(1) of the Principal Act after "room"
(where first occurring) insert "(other than a shared
room)".
(2) After section 284(1) of the Principal Act insert--
25
"(1A) A rooming house owner may give a resident
of a shared room a notice to vacate that room
if the resident has used the room or permitted
his or her visitors to use the room for any
purpose that is illegal at common law or
30
under an Act.".
(3) In section 284(2) of the Principal Act for
"The notice" substitute "A notice under this
section".
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s. 28
Act No.
28. Warrant of possession
For section 355(2)(b) of the Principal Act
substitute--
"(b) with such assistance as is necessary--
(i) to compel all persons for the time being
5
occupying the rented premises, room
(other than a shared room), site or
caravan (as the case may be) to vacate
and give possession of them to the
applicant for the order under which the
10
warrant is issued; or
(ii) to compel any person named in the
order to vacate a shared room.".
29. Offence to allow occupation pending hearing
After section 377(3) of the Principal Act insert--
15
"(4) Despite sub-section (2), a rooming house
owner may permit a new resident to occupy
a shared room in the rooming house if the
room capacity of the room (including the
resident with the suspended residency right)
20
would not be exceeded.".
30. New heading to Part 15
For the heading to Part 15 of the Principal Act
substitute--
"PART 15--TRANSITIONAL PROVISIONS".
25
31. New sections 528 to 531 substituted
For sections 528, 529, 530 and 531 of the
Principal Act substitute--
'528. Definition of 2005 Act
In this Part "2005 Act" means the
30
Residential Tenancies (Further
Amendment) Act 2005.
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s. 31
Act No.
529. Number of occupants of room frozen at
Royal Assent
If a room in a rooming house is occupied by
one or more residents at the date of
commencement of section 31 of the 2005
5
Act, the rooming house owner must not,
before the date of commencement of
section 9 of the 2005 Act, increase the
number of persons who occupy the room.
Penalty: 10 penalty units.
10
530. Rights of existing residents
(1) If a room in a rooming house has more than
one resident at the date of commencement of
section 31 of the 2005 Act--
(a) each of those residents is deemed to
15
have a shared room right in respect of
that room; and
(b) a resident (the new resident) who,
before the date of commencement of
section 9 of the 2005 Act, takes the
20
place of a resident in that room is
deemed to have a shared room right in
respect of that room if there is an
existing resident with a shared room
right occupying that room when the
25
new resident takes up occupation.
Example
J and K share a room in a rooming house at the date of
commencement of section 31 of the 2005 Act. The rooming
30 house owner had chosen separately each person who was to
occupy the room. J and K each have a shared room right.
If K moves out and L takes up occupancy of the room
before the date of commencement of section 9 of the 2005
Act, J and L each have a shared room right.
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Act No.
(2) Sub-section (1) does not apply to 2 or more
residents who have exclusive occupancy of a
room in a rooming house at the date of
commencement of section 31 of the 2005
Act.
5
Example
L and M are domestic partners. They are the sole occupants
of the room at the date of commencement of section 31 of
the 2005 Act. They had agreed with the rooming house
10 owner before that date that they should have exclusive
occupancy of the room. L and M each have an exclusive
occupancy right.
(3) Except as provided by sub-section (1), a
resident of a rooming house on the date of
commencement of section 31 of the 2005
15
Act is deemed to have an exclusive
occupancy right in respect of that room.
531. Notice to existing residents
(1) A rooming house owner must within 14 days
after the date of commencement of section 9
20
of the 2005 Act give to each resident of the
rooming house who under section 530 is
deemed to have a shared room right a notice
in accordance with sub-section (2).
Penalty: 5 penalty units.
25
(2) The notice must--
(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 in accordance with
30
this section; and
(d) specify that the residency right of the
resident is a shared room right; and
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s. 31
Act No.
(e) specify the total number of people who,
in accordance with section 529, could
be accommodated in the room at the
date of commencement of section 9 of
the 2005 Act; and
5
(f) state that the room capacity of the room
set out in paragraph (e) cannot be
increased without the consent of the
resident in accordance with section 94D
of the Act; and
10
(g) state that if there is any vacancy in the
room capacity set out in
paragraph (e)--
(i) the resident will not be notified
before another resident takes up
15
occupancy of the room; and
(ii) the rooming house owner will
choose the other residents who
will be permitted to take up
occupancy of the room; and
20
(h) 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.
25
(3) A rooming house owner is not required to
give a notice to a resident under this section
if the rooming house owner gives a notice
under section 94B to the resident within
14 days after the date of commencement of
30
section 9 of the 2005 Act.'.
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Residential Tenancies (Further Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
20
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