RESIDENTIAL TENANCIES ACT 1997 - SECT 97 Condition report
RESIDENTIAL TENANCIES ACT 1997 - SECT 97
Condition reportS. 97(1) amended by Nos 45/2002 s. 31(1), 67/2010 s. 111, substituted by No. 45/2018 s. 88(1).
(1) Before a resident or a proposed resident
enters into occupation of the room as a resident, a rooming house operator
must give the resident or proposed resident 2 copies of a
condition report signed by or on behalf of the rooming house operator
specifying the state of repair and general
condition of the room on the day
specified in the report.
Penalty: 25 penalty units.
S. 97(1A) , inserted by No. 45/2018 s. 88(1).
(1A) For the purposes of subsection (1), a rooming house operator is deemed to give 2 copies of a condition report to the resident or proposed resident if the rooming house operator gives the resident or proposed resident an electronic copy of the condition report.
S. 97(1B) , inserted by No. 45/2018 s. 88(1).
(1B) A condition report must be in the prescribed form.
Note
Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 .
S. 97(2) amended by Nos 45/2002 s. 31(2), 45/2018 s. 88(2).
(2) Within 5 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 operator—
(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.
S. 97(3) inserted by No. 45/2018 s. 88(3).
(3) A resident or a proposed resident who is not given a condition report within the period referred to in subsection (1) may complete a condition report and give it to the rooming house operator, or that person's agent, during the period between inspecting the room and 5 business days after entering into occupation of the room.
S. 97(4) inserted by No. 45/2018 s. 88(3).
(4) A copy of the condition report that is completed under subsection (1) or (3) is to be retained by the rooming house operator and the resident.
S. 97(5) inserted by No. 45/2018 s. 88(3).
(5) Within 10 days after the end of an agreement under section 94 that grants a residency right, the rooming house operator, or that person's agent, must complete the copy of the condition report retained by the rooming house operator or the resident under this section—
(a) in the presence of the other party; or
(b) in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.
S. 97A inserted by No. 45/2018 s. 89.