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This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL TENANCIES AMENDMENT (HOUSING STANDARDS) BILL 2013

                PARLIAMENT OF VICTORIA

       Residential Tenancies Amendment (Housing
                   Standards) Bill 2013



                        TABLE OF PROVISIONS
Clause                                                               Page
  1      Purpose                                                        1
  2      Commencement                                                   1
  3      Definitions                                                    2
  4      Amendment of sections 26 and 66 of the Residential
         Tenancies Act 1997                                             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      Termination by tenant before possession                        6
  7      Failure of landlord to comply with Tribunal order              6
  8      Section 263 repealed                                           6
  9      Rent Special Account                                           7
  10     Regulations                                                    7
  11     Transitional provision                                         8
         533      Transitional--Residential Tenancies Amendment
                  (Housing Standards) Act 2013                          8
  12     Repeal of amending Act                                         9
                             

ENDNOTES                                                               10




571PM11B.I-15/10/2013                i     BILL LC INTRODUCTION 15/10/2013

 


 

PARLIAMENT OF VICTORIA Introduced in the Council by Mr Greg Barber Residential Tenancies Amendment (Housing Standards) Bill 2013 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 (1) This Act (except sections 4, 5, 6, 7, 8 and 9) comes into operation on the day after the day on which it receives the Royal Assent. 10 (2) The remaining provisions of this Act come into operation on 1 January 2015. 571PM11B.I-15/10/2013 1 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 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. 8 as at "prescribed minimum housing standard means a 5 31 March 2013. standard prescribed under section 511;". LawToday: www. legislation. vic.gov.au 4 Amendment of sections 26 and 66 of the Residential Tenancies Act 1997 (1) After section 26(1) of the Residential Tenancies Act 1997 insert-- 10 "(1A) The prescribed standard form must include a provision requiring the landlord to ensure that the premises comply with the prescribed minimum housing standards.". (2) In section 66(1) of the Residential Tenancies 15 Act 1997, after "tenancy agreement" insert "and including a summary of the prescribed minimum housing standards and associated rights and responsibilities". 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) The landlord must ensure that, before premises are let under a tenancy agreement, the premises comply with the minimum housing standards. 571PM11B.I-15/10/2013 2 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 5 (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. 571PM11B.I-15/10/2013 3 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 5 (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. 571PM11B.I-15/10/2013 4 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 5 (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-- 571PM11B.I-15/10/2013 5 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 6 (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 Termination by tenant before possession After section 226(a) of the Residential Tenancies Act 1997 insert-- "(ab) do not comply with a prescribed minimum housing standard; or". 30 7 Failure of landlord to comply with Tribunal order In section 239(1) of the Residential Tenancies Act 1997 after "under" insert "section 71E or". 8 Section 263 repealed Section 263 of the Principal Act is repealed. 571PM11B.I-15/10/2013 6 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 9 9 Rent Special Account In section 485(3) of the Residential Tenancies Act 1997, for "section 77, 134 or 193" substitute "section 71G, 77, 134 or 193". 5 10 Regulations (1) After section 511(1)(d) of the Residential Tenancies Act 1997 insert-- "(e) minimum housing standards for rented premises in relation to matters including, but 10 not limited to-- (i) sanitation, drainage, cleanliness and repair of premises; (ii) ventilation, insulation and heating; (iii) protection from damp and its effects; 15 (iv) construction, condition, structures, safety and situation of premises; (v) the dimensions, cubical extent and height of rooms in the premises; (vi) privacy and security; 20 (vii) provision of water supply, storage and sanitary facilities; (viii) laundry and cooking facilities; (ix) lighting; (x) freedom from vermin infestation; 25 (xi) energy efficiency; (2) After section 511(1) of the Residential Tenancies Act 1997 insert-- "(2) If a regulation made under subsection (1)(e) makes provision in relation to a matter and 30 provision that is also made in relation to that matter by, or under, any other Act or 571PM11B.I-15/10/2013 7 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 11 regulation, the regulation made under subsection (1)(e)-- (a) if not inconsistent with that other Act or regulation, must be observed in 5 addition to that other Act or regulation; and (b) if inconsistent with that other Act or regulation, is, to the extent of the inconsistency, of no force or effect and 10 that other Act or regulation prevails. (2A) A regulation made under subsection (1)(e) is subject to disallowance by a House of the Parliament. Note 15 See section 23 of the Subordinate Legislation Act 1994.". 11 Transitional provision After section 532 of the Residential Tenancies Act 1997 insert-- 20 "533 Transitional--Residential Tenancies Amendment (Housing Standards) Act 2013 The Governor in Council may make regulations containing provisions of a 25 transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Residential Tenancies Amendment (Housing Standards) Act 2013.". 571PM11B.I-15/10/2013 8 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 s. 12 12 Repeal of amending Act This Act is repealed on 1 January 2016. Note The repeal of this Act does not affect the continuing operation of 5 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571PM11B.I-15/10/2013 9 BILL LC INTRODUCTION 15/10/2013

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2013 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571PM11B.I-15/10/2013 10 BILL LC INTRODUCTION 15/10/2013

 


 

 


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