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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Residential Tenancies Amendment (Housing
Standards) Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Section 69 substituted 2
69 Landlord must ensure replacement water appliances
have required rating 2
5 New Division 5A inserted--rented premises 2
Division 5A--Minimum housing standards--rented premises 2
71A Premises to comply with prescribed minimum housing
standards 2
71B Director may investigate of own volition 3
71C Application to Director to investigate whether premises
meet standards 3
71D Application to Tribunal in relation to minimum housing
standards 4
71E What can the Tribunal order? 4
71F If the tenant has not entered into occupation 5
71G If the tenant has entered into occupation before landlord
is given notice or report 5
6 Urgent repairs 6
7 New Division 5A inserted--rooming houses 7
Division 5A--Minimum housing standards--rooming houses 7
128A Rooming house to comply with prescribed minimum
housing standards 7
128B Director may investigate of own volition 7
128C Application to Director to investigate whether rooming
house meets standards 8
128D Application to Tribunal in relation to minimum housing
standards 8
128E What can the Tribunal order? 9
128F If the resident has not commenced occupancy of the
room 9
128G If the resident has commenced occupancy before
rooming house owner is given notice or report 10
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Clause Page
8 Termination by tenant before possession 11
9 Failure of landlord to comply with Tribunal order 11
10 Rent Special Account 11
11 Regulations 12
12 Transitional provision 14
533 Transitional--Residential Tenancies Amendment
(Housing Standards) Act 2009 14
13 Repeal of amending Act 14
ENDNOTES 15
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PARLIAMENT OF VICTORIA
Introduced in the Council by Mr Greg Barber
Residential Tenancies Amendment
(Housing Standards) Bill 2009
A Bill for an Act to amend the Residential Tenancies Act 1997 in
relation to the imposition of certain minimum housing standards and
for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Residential Tenancies Act 1997 to enable the
prescribing of minimum housing standards by
5 regulation.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Residential Tenancies Amendment (Housing Standards) Bill 2009
s. 3
3 Definitions
See: In section 3(1) of the Residential Tenancies Act
Act No.
109/1997. 1997 insert the following definition--
Reprint No. 5
as at "prescribed minimum housing standard means a
15 January
5 2009.
standard prescribed under section 511;".
LawToday:
www.
legislation.
vic.gov.au
4 Section 69 substituted
For section 69 of the Residential Tenancies Act
1997 substitute--
"69 Landlord must ensure replacement water
10 appliances have required rating
A landlord must ensure that if an appliance,
fitting or fixture provided by the landlord
that uses or supplies water at the rented
premises needs to be replaced, the
15 replacement has at least--
(a) an A rating; or
(b) a prescribed rating--
whichever is the higher rating.".
5 New Division 5A inserted--rented premises
20 After Division 5 of Part 2 of the Residential
Tenancies Act 1997 insert--
"Division 5A--Minimum housing standards--
rented premises
71A Premises to comply with prescribed
25 minimum housing standards
(1) A landlord must ensure the rented premises
comply with any prescribed minimum
housing standard.
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(2) A tenant may give a written notice to a
landlord stating that the rented premises do
not comply with a prescribed minimum
housing standard.
5 71B Director may investigate of own volition
(1) The Director, of his or her own volition, may
investigate whether a landlord has failed to
ensure that rented premises comply with a
prescribed minimum housing standard.
10 (2) If the Director is satisfied that the rented
premises do not comply with the standard,
the Director must--
(a) give a written report of his or her
investigation to the tenant and landlord;
15 and
(b) inform the tenant that the tenant may
make an application to the Tribunal
under section 71D.
71C Application to Director to investigate
20 whether premises meet standards
(1) A tenant may apply in writing to the Director
to investigate whether the landlord has failed
to ensure that the rented premises comply
with a prescribed minimum housing standard
25 if--
(a) the tenant has given the landlord a
written notice under section 71A(2);
and
(b) the landlord has failed to ensure that the
30 rented premises comply with the
relevant prescribed minimum housing
standard within 28 days after being
given the notice.
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(2) On an application under subsection (1), the
Director--
(a) must investigate; and
(b) may negotiate arrangements for
5 ensuring that the rented premises
comply with the prescribed minimum
housing standard, if the Director is
satisfied that the premises do not
comply with the standard; and
10 (c) must give a written report to the tenant
within 28 days.
71D Application to Tribunal in relation to
minimum housing standards
(1) Within 60 days after receiving the report of
15 the Director under section 71B or 71C, a
tenant may apply to the Tribunal for an order
requiring the landlord to ensure that the
rented premises comply with a specific
prescribed minimum housing standard if the
20 tenant is of the view that satisfactory
arrangements have not been made for
complying with the standard.
(2) A tenant may apply to the Tribunal for an
order requiring the landlord to ensure that the
25 rented premises comply with a specified
prescribed minimum housing standard
without the report of the Director under
section 71C if the tenant has not received
that report within 90 days after the tenant
30 made an application under section 71C(1).
71E What can the Tribunal order?
(1) On an application under section 71D, the
Tribunal may make an order requiring the
landlord to ensure that the rented premises
35 comply with a specified prescribed minimum
housing standard.
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(2) An order under subsection (1) must specify
the prescribed minimum housing standard
and the time within which it must be
complied with.
5 71F If the tenant has not entered into
occupation
(1) This section applies if--
(a) the tenant has not entered into
occupation of the rented premises; and
10 (b) the premises do not comply with a
prescribed minimum housing standard;
and
(c) a tenant has given the landlord a notice
under section 71A(2) or the Director
15 has given the landlord a report under
section 71B.
(2) If this section applies, a tenant is not
required--
(a) to enter into occupation of the rented
20 premises; and
(b) to pay rent for the rented premises
despite the tenancy agreement in
respect of the period beginning on the
agreed day on which the tenant would
25 otherwise have entered into occupation
of the premises and ending on the day
on which the tenant actually enters into
occupation.
71G If the tenant has entered into occupation
30 before landlord is given notice or report
(1) A tenant may apply to the Tribunal for an
order authorising the tenant to pay the rent
under the tenancy agreement into the Rent
Special Account if the tenant has entered into
35 occupation of the rented premises and--
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(a) the tenant has given a notice to the
landlord under section 71A(2); or
(b) the Director has given a report to the
landlord under section 71B.
5 (2) The Tribunal may make an order authorising
the tenant to pay the rent into the Rent
Special Account if it is satisfied that--
(a) the tenant gave the landlord a notice
under section 71A(2) or the Director
10 gave a report to the landlord under
section 71B; and
(b) the landlord has not ensured that the
rented premises comply with the
prescribed minimum housing standards
15 within 28 days after being given the
notice or the report.
(3) If an order is made under subsection (2), on
application by the landlord, the Tribunal may
order that the whole or such part of the rent
20 as the Tribunal may determine be paid to the
landlord if the Tribunal is satisfied that the
landlord has ensured or is ensuring that the
rented premises comply with the relevant
prescribed minimum housing standard.".
25 6 Urgent repairs
In section 72(3) of the Residential Tenancies Act
1997, after "have an A rating" insert "or a rating
prescribed under section 69(b), whichever is the
higher rating".
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7 New Division 5A inserted--rooming houses
After Division 5 of Part 3 of the Residential
Tenancies Act 1997 insert--
"Division 5A--Minimum housing standards--
5 rooming houses
128A Rooming house to comply with prescribed
minimum housing standards
(1) A rooming house owner must ensure the
rooming house and the rooms comply with
10 any prescribed minimum housing standard.
(2) A resident may give a written notice to a
rooming house owner stating that the
rooming house or a room does not comply
with a prescribed minimum housing
15 standard.
128B Director may investigate of own volition
(1) The Director, of his or her own volition, may
investigate whether a rooming house owner
has failed to ensure that the rooming house
20 or a room complies with a prescribed
minimum housing standard.
(2) If the Director is satisfied that the rooming
house or a room does not comply with a
prescribed minimum housing standard, the
25 Director must--
(a) give a written report of his or her
investigation to the resident and the
rooming house owner; and
(b) inform the resident that the resident
30 may make an application to the
Tribunal under section 128D.
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128C Application to Director to investigate
whether rooming house meets standards
(1) A resident may apply in writing to the
Director to investigate whether the rooming
5 house owner has failed to ensure that the
rooming house or a room complies with a
prescribed minimum housing standard if--
(a) the resident has given the rooming
house owner a written notice under
10 section 128A(2); and
(b) the rooming house owner has failed to
ensure that the rooming house or the
room complies with the relevant
prescribed minimum housing standard
15 within 28 days after being given the
notice.
(2) On an application under subsection (1), the
Director--
(a) must investigate; and
20 (b) may negotiate arrangements for
ensuring that the rooming house or a
room complies with the prescribed
minimum housing standard, if the
Director is satisfied that the rooming
25 house or the room does not comply
with the standard; and
(c) must give a written report to the
resident within 28 days.
128D Application to Tribunal in relation to
30 minimum housing standards
(1) Within 60 days after receiving the report of
the Director under section 128B or 128C, a
resident may apply to the Tribunal for an
order requiring the rooming house owner to
35 ensure that the rooming house or a room
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s. 7
complies with a specific prescribed
minimum housing standard if the resident is
of the view that satisfactory arrangements
have not been made for complying with the
5 standard.
(2) A resident may apply to the Tribunal for an
order requiring the rooming house owner to
ensure that the rooming house or a room
complies with a specified prescribed
10 minimum housing standard without the
report of the Director under section 128C if
the resident has not received that report
within 90 days after the resident made an
application under section 128C(1).
15 128E What can the Tribunal order?
(1) On an application under section 128D, the
Tribunal may make an order requiring the
rooming house owner to ensure that the
rooming house or the room complies with a
20 specified prescribed minimum housing
standard.
(2) An order under subsection (1) must specify
the prescribed minimum housing standard
and the time within which it must be
25 complied with.
128F If the resident has not commenced
occupancy of the room
(1) This section applies if--
(a) a resident has not commenced
30 occupancy of the room; and
(b) the rooming house or the room does not
comply with a prescribed minimum
housing standard; and
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(c) the resident has given the rooming
house owner a notice under section
128A(2) or the Director has given the
rooming house owner a report under
5 section 128B.
(2) If this section applies, the resident is not
required--
(a) to commence occupancy of the room;
and
10 (b) to pay rent despite section 112 in
respect of the period beginning on the
agreed day on which the resident would
have commenced occupancy and
ending on the day on which the resident
15 actually commences occupancy.
128G If the resident has commenced occupancy
before rooming house owner is given
notice or report
(1) A resident may apply to the Tribunal for an
20 order authorising the resident to pay the rent
into the Rent Special Account if the resident
has commenced occupancy of the room
and--
(a) the resident has given a notice to the
25 rooming house owner under section
128A(2); or
(b) the Director has given a report to the
rooming house owner under
section 128B.
30 (2) The Tribunal may make an order authorising
the resident to pay the rent into the Rent
Special Account if it is satisfied that--
(a) the resident gave the rooming house
owner a notice under section 128A(2)
35 or the Director gave a report to the
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s. 8
rooming house owner under
section 128B; and
(b) the rooming house owner has not
ensured that the rooming house or the
5 room complies with the prescribed
minimum housing standards within
28 days after being given the notice or
the report.
(3) If an order is made under subsection (2), on
10 application by the rooming house owner, the
Tribunal may order that the whole or such
part of the rent as the Tribunal may
determine be paid to the rooming house
owner if the Tribunal is satisfied that the
15 rooming house owner has ensured or is
ensuring that the rooming house or the room
complies with the relevant prescribed
minimum housing standard.".
8 Termination by tenant before possession
20 After section 226(a) of the Residential Tenancies
Act 1997 insert--
"(ab) do not comply with a prescribed minimum
housing standard; or".
9 Failure of landlord to comply with Tribunal order
25 In section 239(1) of the Residential Tenancies
Act 1997 after "under" insert "section 71E or".
10 Rent Special Account
In section 485(3) of the Residential Tenancies
Act 1997, for "section 77, 134 or 193" substitute
30 "section 71G, 77, 128G, 134 or 193".
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11 Regulations
(1) After section 511(1)(d) of the Residential
Tenancies Act 1997 insert--
"(e) minimum housing standards for rented
5 premises in relation to matters including, but
not limited to--
(i) sanitation, drainage, cleanliness and
repair of premises;
(ii) ventilation, insulation and heating;
10 (iii) protection from damp;
(iv) construction, condition, structures,
safety and situation of premises;
(v) the dimensions, cubical extent and
height of rooms in the premises;
15 (vi) security;
(vii) provision of water supply, storage and
sanitary facilities;
(viii) laundry and cooking facilities;
(ix) lighting;
20 (x) freedom from vermin infestation;
(xi) energy efficiency;
(ea) minimum housing standards for rooming
houses and rooms in relation to matters
including, but not limited to--
25 (i) sanitation, drainage, cleanliness and
repair of rooming houses;
(ii) ventilation, insulation and heating;
(iii) protection from damp;
(iv) construction, condition, structures,
30 safety and situation of rooming houses;
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s. 11
(v) the dimensions, cubical extent and
height of rooms in the rooming houses;
(vi) security;
(vii) provision of water supply, storage and
5 sanitary facilities;
(viii) laundry and cooking facilities;
(ix) lighting;
(x) freedom from vermin infestation;
(xi) energy efficiency;".
10 (2) After section 511(1) of the Residential Tenancies
Act 1997 insert--
"(2) If a regulation made under subsection (1)(e)
or (1)(ea) makes provision in relation to a
matter and provision that is also made in
15 relation to that matter by, or under, any other
Act or regulation, the regulation made under
subsection (1)(e) or (1)(ea), as the case may
be--
(a) if not inconsistent with that other Act or
20 regulation, must be observed in
addition to that other Act or regulation;
and
(b) if inconsistent with that other Act or
regulation, is, to the extent of the
25 inconsistency, of no force or effect and
that other Act or regulation prevails.
(2A) A regulation made under subsection (1)(e)
or (1)(ea) is subject to disallowance by a
House of the Parliament.
30 Note
See section 23 of the Subordinate Legislation Act
1994.".
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s. 12
12 Transitional provision
After section 532 of the Residential Tenancies
Act 1997 insert--
"533 Transitional--Residential Tenancies
5 Amendment (Housing Standards)
Act 2009
The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
10 application or savings nature, arising as a
result of the enactment of the Residential
Tenancies Amendment (Housing
Standards) Act 2009.".
13 Repeal of amending Act
15 This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
20 Interpretation of Legislation Act 1984).
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Residential Tenancies Amendment (Housing Standards) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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