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RESIDENTIAL TENANCIES ACT 1997
TABLE OF PROVISIONS
PART 1--PRELIMINARY
Division 1--Introductory provisions
1. Purposes
2. Commencement
3. Definitions
3A. Objectives of this Act
3B. References to landlords, tenants and tenancy agreements
3C. Homes Victoria may specify area to be common area for rented premises which are public housing
4. Act binds the Crown
Division 2--Application of Act to residential rental agreements, rooming houses and site agreements
5. Application of Act to assignees and transferees
7. Premises used primarily as a residence
8. Premises connected to premises used for trade or business
9. Principal place of residence
10. Premises used for holidays
11. Farming and grazing
12. Contracts of employment
13. Contracts of sale or mortgages
14. Prescribed premises and prescribed agreements
15. Certain provisions not to apply to residential rental agreements
17. Room used by operator or operator's family or employees
18. Self-contained apartments
19. Minister may declare building to be a rooming house
20. Hotels and motels
21. Educational institutions
22. Temporary crisis accommodation
23. Health or residential services
23A. Application of Act to assignees and transferees
23B. Site agreements exceeding 5 years
23C. Part 4A site used under contract of employment
23D. Part 4A site used primarily as a residence
23E. Part 4A site used for holidays
23F. Prescribed Part 4A sites and prescribed site agreements
23G. Certain provisions not to apply to site agreements
Division 3--Exemptions by Tribunal
24. Application for exemption
25. Order of Tribunal
PART 2--RESIDENTIAL TENANCIES--RESIDENTIAL RENTAL AGREEMENTS
Division 1--General requirements for residential rental agreements
26. Residential rental agreements to be in standard form
26A. Offence to include prohibited term in residential rental agreement
27. Invalid terms
27A. Additional terms in fixed term residential rental agreements
27B. Prohibited terms—general
27C. Prescribed terms—professional cleaning, maintenance and related obligations
28. Harsh and unconscionable terms
29. Copy of agreement to be made available to renter
29A. Residential rental agreement signed by the renter but not by the residential rental provider
29B. Application to Tribunal to order preparation of residential rental agreement
Division 1A--Discrimination in relation to residential rental agreements
29C. Residential rental agreement application forms must include prescribed information
30. Renters with children
30A. Residential rental provider must not unlawfully discriminate against another person by refusing to let rented premises
Division 1B--Disclosures and representations prior to entering into residential rental agreements
30B. Restriction on use of personal information provided by prospective renters
30C. Residential rental provider must not request prescribed information from applicants
30D. Information that residential rental providers must disclose before entering residential rental agreement
30E. Misleading or deceptive conduct inducing a person to enter a residential rental agreement
Division 1C--Rental auctions prohibited
30F. Rented premises must be offered for rent at a fixed amount
30G. Residential rental provider or that person's agent must not engage in false or misleading advertising of rent for rental premises
Division 2--Bonds
31. What is the maximum bond?
32. Application to increase maximum amount of bond
33. Tribunal may determine maximum bond
34. Not more than 1 bond is payable in respect of continuous occupation
34A. Additional amount of bond proportionate with rent increase
34B. Renter may apply to VCAT to vary additional amount of bond
35. Condition report
35A. Residential rental provider or renter may apply to Tribunal to amend inaccurate or incomplete condition report
36. Condition report is evidence of state of repair
37. Certain guarantees prohibited
38. Maximum amount of certain guarantees
Division 3--Rents
39. Accrual of rent
40. Limit on rent in advance
41. Rent in advance under weekly residential rental agreement
42. Where and how is rent to be paid?
43. Receipts for rent
44. Rent increases
45. Renter may complain to Director about excessive rent
46. Application to Tribunal about excessive rent
47. What can the Tribunal order?
48. Tribunal can order refund of rent
49. Renter's goods not to be taken for rent
Division 4--Other charges
50. Application and holding deposits
51. Certain charges prohibited
52. Renter's liability for various utility charges
53. Residential rental provider's liability for various utility charges
53A. Residential rental provider's liability for excessive usage caused by faults
53B. Application to Tribunal about excessive usage charges
53AA. Agreements relating to installation of solar energy system
54. Residential rental provider's liability for charges for supply to non-complying appliances
54A. Residential rental provider to give key or security device to renters
55. Reimbursement
56. Residential rental provider must not seek overpayment for utility charge
57. Homes Victoria or registered housing agency may impose service charge
58. Indemnity for taxes and rates
Division 5--General duties of renters and residential rental providers
59. Renter must not use premises for illegal purposes
60. Renter must not cause nuisance or interference
61. Renter and visitor must not damage premises or common areas
62. Renter must notify residential rental provider of damage
63. Renter must keep and leave rented premises reasonably clean
63A. Renter's safety-related duties
64. Modifications to rented premises
Division 5A--General duties of residential rental providers
65. Residential rental provider's duty in relation to provision of premises
65A. Occupation of rented premises that do not comply with rental minimum standards
66. Residential rental provider must give renter certain information
67. Quiet enjoyment
68. Residential rental provider's duty to maintain premises
68A. Residential rental provider's duty to comply with safety-related repairs and maintenance requirements
68B. Residential rental provider must keep and produce records of gas and electrical safety checks
69. Residential rental provider must ensure rating compliance for replacement appliances
70. Locks
70A. Locks for rented premises the subject of an intervention order
70B. Locks for rented premises the subject of an order under section 91W(1)(b) and (1A)(b)
71. Application to Tribunal to change locks without consent
Division 5B--Pets
71A. Renter may keep a pet at rented premises with consent or Tribunal order
71B. Renter's request for consent to keep pet on rented premises
71C. Residential rental provider must not unreasonably refuse to consent to keep a pet on rented premises
71D. Application to refuse consent to keep a pet on rented premises or exclude a pet from rented premises
71E. Tribunal orders—pets
Division 6--Repairs and maintenance
72AA. Renter must report damage and breakdown of facilities to residential rental provider
72. Urgent repairs
73. Application to Tribunal for urgent repairs
74. Application to Director to investigate need for non‑urgent repairs
75. Application to Tribunal for non-urgent repairs
75A. Residential rental provider may join owners corporation in application for breach of duty to maintain premises
76. What can the Tribunal order?
77. Payment of rent into Rent Special Account
78. Residential rental provider may give renter repair notice
79. Residential rental provider may do repairs and renter liable for costs
80. Declaration under Housing Act 1983 that house unfit for habitation
Division 7--Assignment and sub-letting
81. Assignment and sub-letting by a renter
82. Renter may apply to Tribunal
83. Withholding consent in certain circumstances
84. Residential rental provider cannot ask for fee for giving consent
Division 8--Rights of entry
85. Entry of rented premises
86. Grounds for entry of rented premises
87. Manner of entry
88. What must be in a notice of entry?
89. Renter has duty to permit entry
89A. Residential rental provider may enter rented premises to produce advertising images and videos
90. What if damage is caused during entry?
91. What if a person exercising right of entry fails to comply with Division?
91A. Offence relating to entering rented premises
Division 9--Termination of residential rental agreements
91B. Termination of residential rental agreement
91C. Termination by agreement
91D. Termination by consent
91E. Termination after notice to vacate
91F. Termination by abandonment
91G. Termination where premises are sub-let
91H. Termination where residential rental provider not owner of premises
91I. Termination by mortgagee
91J. Termination by merger
91K. Termination by disclaimer
91L. Termination by renter before possession
91M. Termination by residential rental provider before possession
91N. Termination after death of sole renter
91O. Residential rental agreement—cancellation of licence or failure to renew licence
91P. Offence to obtain possession etc. of premises
91Q. Creation of periodic residential rental agreement
91R. New residential rental agreement created where head residential rental agreement terminated
91S. Application to Tribunal for creation of residential rental agreement
91T. Order of Tribunal to enter into residential rental agreement
91U. Reduction or termination of fixed term residential rental agreement because of hardship
91V. Application for termination or new residential rental agreement because of family violence or personal violence
91W. Tribunal orders
91X. Tribunal may determine parties' liability under terminated residential rental agreement
91Y. Cross-examination in a proceeding for termination or new residential rental agreement
91YA. Application for termination of residential rental agreement because of coercion or deception of SDA resident
91YB. Tribunal orders
91Z. Notice of intention to vacate
91ZA. Notice to have no effect in certain circumstances
91ZB. Reduced period of notice of intention to vacate in certain circumstances
91ZC. Residential rental agreement for a fixed term of more than 5 years does not comply with standard form
91ZD. Premises destroyed or unfit for habitation
91ZE. Failure of residential rental provider to comply with Tribunal order
91ZF. Successive breaches by residential rental provider
91ZG. Order of Tribunal that premises are abandoned
91ZH. Abandoned premises and rent in advance
91ZI. Damage
91ZJ. Danger
91ZK. Threats and intimidation
91ZL. Condition of premises
91ZM. Non-payment of rent
91ZN. Failure to pay bond
91ZO. Failure to comply with Tribunal order
91ZP. Successive breaches by renter
91ZQ. Use of premises for illegal purpose
91ZR. Drug-related conduct in public housing
91ZS. Prescribed indictable offences in public housing
91ZT. Permitting child to reside in premises
91ZU. False statement to housing authority
91ZV. Assignment or sub-letting without consent
91ZW. Residential rental provider's principal place of residence (fixed term residential rental agreement)
91ZX. Repairs
91ZY. Demolition
91ZZ. Premises to be used for business
91ZZA. Premises to be occupied by residential rental provider or provider's family
91ZZB. Premises to be sold
91ZZC. Premises required for public purposes
91ZZD. End of fixed term residential rental agreement of not more than 5 years
91ZZDA. End of fixed term residential rental agreement of more than 5 years
91ZZE. Renter no longer meets eligibility criteria
91ZZEA. Renter no longer meets NRAS eligibility criteria
91ZZEB. Renter no longer meets Victorian Affordable Housing Programs eligibility criteria
91ZZF. Renter in transitional housing refuses alternative accommodation
91ZZG. Notice to vacate when pet kept without consent
91ZZH. Prohibition on letting premises after notice
91ZZI. Notice to have no effect in certain circumstances
91ZZJ. Notice by owner
91ZZK. Notice by mortgagee
91ZZL. Notice to vacate given by Tribunal order under Rooming House Operators Act 2016
91ZZM. Notice to vacate—refusal of licence under Rooming House Operators Act 2016
91ZZN. Form of notice of intention to vacate
91ZZO. Form of notice to vacate
91ZZP. What if 2 or more notices can be served?
91ZZQ. How can a notice be withdrawn?
91ZZR. Application of Subdivision
91ZZS. Renter may apply to Tribunal
91ZZT. What can the Tribunal order?
91ZZU. Renter may challenge notice to vacate on grounds of family violence or personal violence
91ZZV. What can the Tribunal order?
PART 3--ROOMING HOUSES--RESIDENCY RIGHTS AND DUTIES
Division 1--Residency rights
92. Residency right
92A. Exclusive occupancy right
92B. Shared room right
92C. Notice to resident of residency right
93. Rights cannot be assigned
93A. Fixed term rooming house agreements
94. Power to enter agreements other than fixed term rooming house agreements
94A. Harsh and unconscionable terms
94AB. Additional terms for fixed term rooming house agreements
94ABA. Offence to include prohibited term in fixed term rooming house agreement
94AC. Invalid terms
94AD. Prohibited terms—general
94AE. Prescribed terms—professional cleaning
94AF. Application to Tribunal to order preparation of fixed term rooming house agreement
Division 1A--Shared room rights
94B. Consent required for increase in room capacity
94C. Notice of increase in room capacity
94D. Consent of resident to increased room capacity
Division 1B--Discrimination in relation to residency rights
94E. Occupancy application forms must include prescribed information
94F. Rooming house operator must not unlawfully discriminate against another person by refusing occupancy
Division 1C--Disclosures and representations prior to granting residency rights
94G. Restriction on use of personal information provided by prospective residents
94H. Rooming house operator must not request prescribed information from applicants
94I. Information that rooming house operators must disclose before occupancy commences
Division 2--Bonds
95. Payment of bond
96. What is the maximum bond?
97. Condition report
97A. Rooming house operator or resident may apply to Tribunal to amend inaccurate or incomplete condition report
98. Condition report is evidence of state of repair
Division 3--Rent
99. Limit on rent in advance
99A. Rent payment
100. Receipts for rent
101. How much notice of rent increase is required?
102. Resident may complain to Director about excessive rent
102A. Director may investigate rent without application by resident
103. Application to Tribunal about excessive rent
104. What can the Tribunal order?
105. Payment of increased rent pending Tribunal decision
106. Rent must be reduced if services are reduced
106A. Rent must be reduced if room capacity increased
107. Resident's goods not to be taken for rent
Division 4--Other charges
108. Separately metered rooms
109. Schedule of services provided to be given to resident
109A. Homes Victoria or registered housing agency may impose service charge on resident
Division 5--General duties of residents and rooming house operators
110. Resident's use of room
111. Resident must not use room for illegal purposes
112. Resident's duty to pay rent
113. Quiet enjoyment—resident's duty
114. Resident must keep and leave room reasonably clean
114A. Resident must not interfere with prescribed safety device
115. Resident must not make modifications without consent
116. Resident must notify rooming house operator of and compensate for damage
117. Resident must not keep pet without consent
118. Resident must give key to rooming house operator
119. Resident must observe house rules
120AA. Rooming house operator's liability for excessive usage caused by faults
120AAB. Application to Tribunal about excessive usage charges
120. Rooming house operator must keep room and house in good repair
120A. Rooming house operator must comply with rooming house standards
121. Rooming house operator must provide access
122. Quiet enjoyment—rooming house operator's duty
123. Security
124. Provision and display of statement of rights and house rules
125. Rooming house operator to give additional information
126. House rules
127. Duties relating to house rules
128. What if house rules are thought to be unreasonable?
Division 6--Repairs
129. Urgent repairs
130. Application to Tribunal for urgent repairs
131. Application to Director to investigate need for non‑urgent repairs
131A. Director may investigate rooming house without application by resident
132. Application to Tribunal for non-urgent repairs
133. What can the Tribunal order?
134. Payment of rent into Rent Special Account
135. Repair provisions not applicable to certain damage
Division 7--Rights of entry
136. Access to room
137. Grounds for entry of a room
138. Manner of entry
139. What must be in a notice of entry?
140. Resident has duty to permit entry
141. What if damage is caused during entry?
142. What if a person exercising right of entry fails to comply with Division?
142A. Offence relating to entering room occupied by resident
Division 8--Standards
142B. Standards for rooming houses etc.
142BA. Records of gas and electrical safety checks
142C. Regulations for rooming houses
Division 9--Rooming House Register
142D. Unregistered rooming house
142E. Establishment of Rooming House Register
142F. Information to be included in Rooming House Register
142G. Compilation of information for inclusion in Rooming House Register
142H. Form of Rooming House Register
142I. Rooming House Register—Access and amendment
142J. Inspection of Rooming House Register
142K. Restriction on access to personal information
142KA. Restriction on access to address of rooming house
142L. Rights of review
Division 10--Termination of residency rights in rooming houses
142M. Termination after notice
142N. Termination by Tribunal
142O. Termination by abandonment
142P. Termination if room or rooming house destroyed
142Q. Residency rights—cancellation of licence or failure to renew licence
142R. Offences relating to interference with rights
142S. Application for termination or new rooming house agreement because of family violence or personal violence
142T. Tribunal orders
142U. Tribunal may determine parties' liability under terminated agreement
142V. Cross-examination in a proceeding for termination or new agreement
142W. Notice of intention to vacate room
142X. Rent payable on termination without notice
142Y. Rent payable if room vacated early
142Z. Order of abandonment
142ZA. End of fixed term rooming house agreement
142ZB. Damage
142ZC. Danger
142ZD. Threats and intimidation
142ZE. Disruption
142ZF. Non-payment of rent
142ZG. Failure of resident to comply with Tribunal order
142ZH. Successive breaches by resident
142ZI. Use of room for illegal purpose
142ZJ. Sale of rooming house
142ZK. Repairs or demolition
142ZL. Prohibition on renting after notice
142ZM. Notice to have no effect in certain circumstances
142ZN. Resident in transitional housing refuses alternative accommodation
142ZO. Notice by owner of building or other person who is not rooming house operator
142ZP. Notice by rooming house mortgagee
142ZQ. Notice to vacate given by Tribunal order under Rooming House Operators Act 2016
142ZR. Notice to vacate—refusal of licence under Rooming House Operators Act 2016
142ZS. Form of notice of intention to vacate
142ZT. Form of notice to vacate
142ZU. What if 2 or more notices can be served?
142ZV. How can a notice be withdrawn?
142ZW. Application of Subdivision
142ZX. Resident may apply to Tribunal
142ZY. What can the Tribunal order?
142ZZ. Resident may challenge notice to vacate on grounds of family violence or personal violence
142ZZA. What can the Tribunal order?
PART 4--CARAVAN PARKS AND MOVABLE DWELLINGS--RESIDENCY RIGHTS AND DUTIES
Division 1AA--Application of Part
143AA. Application of Part to caravan parks and movable dwellings
Division 1--Residency rights
143. Residency right
144. Agreements
144AA. Prohibited terms—general
144AB. Prohibited terms—professional cleaning
144AC. Offence to include prohibited term in agreement under section 144
144A. Harsh and unconscionable terms
144B. Application to Tribunal to order preparation of agreement
145. Caravan park owner to notify prospective resident of rights
Division 1A--Discrimination in relation to residency rights
145A. Section 144(1) or (2) agreement application forms must include prescribed information
145B. Caravan park owner or caravan owner must not unlawfully discriminate against another person by refusing to grant agreement under section 144(1) or (2)
Division 1B--Disclosures and representations prior to granting residency rights
145C. Restriction on use of personal information provided by prospective residents
145D. Caravan park owner or caravan owner must not request prescribed information from applicants
145E. Information that caravan park owners or caravan owners must disclose before agreement under section 144(1) or (2) commences
145F. Offence to enter into certain agreements about caravan park land
Division 2--Bonds
146. Payment of bond
147. What is the maximum bond?
148. Condition report
148A. Caravan park owner, caravan owner or caravan park resident may apply to Tribunal to amend inaccurate or incomplete condition report
149. Condition report is evidence of state of repair
Division 3--Rents and hiring charges
150. Limit on rent or hiring charge in advance
150A. Payment of rent or hiring charge
151. Receipts for rent or hiring charge
152. How much notice is required of rent or hiring charge increase?
153. Resident may complain to Director about excessive rent or hiring charge
154. Application to Tribunal about excessive rent or hiring charge
155. What can the Tribunal order?
156. Payment of increased rent or hiring charge pending Tribunal decision
157. Additional rent
158. Additional hiring charge
159. Rent must be reduced if services are reduced
160. Resident's goods not to be taken for rent or hiring charges
Division 4--Other charges
161. Supply of key
162. Resident's liability for electricity, gas and water charges
163. Caravan park owner's liability for electricity, gas and water charges
164. Owner's responsibility for charges for supply to non-complying appliances
165. Reimbursement
166. Owner must not seek overpayment for utility charges
Division 5--General duties of residents, caravan park owners and caravan owners
167. Resident's use of site
168. Resident must not use site for illegal purposes
169. Resident's duty to pay rent and hiring charge
170. Quiet enjoyment—resident's duty
171. Resident must keep and leave site reasonably clean
171A. Resident must keep caravan in good repair
171B. Resident must not make site or caravan modifications without consent
173. Resident must notify owner of and compensate for damage
174. Number of persons residing on site
175. Resident must observe caravan park rules
176. Caravan park owner must provide access
177. Quiet enjoyment—caravan park owner's duty
178. Caravan park owner must keep park etc. clean
178A. Caravan park owner must maintain rented site in good repair
179. Duty of caravan park owner to maintain communal areas
180. Maintenance and repair of caravans
180A. Caravan park owner's and caravan owner's liability for excessive usage caused by faults
180B. Application to Tribunal about excessive usage charges
181. Owner must ensure appliances with an efficiency rating system installed
182. Statement of rights and copy of park rules
183. Statement of scale of certain charges, fees and commissions
184. Owner to give additional information
185. Caravan park rules
186. Duties relating to caravan park rules
187. What if the caravan park rules are thought to be unreasonable?
Division 6--Repairs
188. Urgent repairs to caravans
188A. Urgent site repairs
189. Application to the Tribunal for urgent caravan repairs
189A. Application to Tribunal for urgent site repairs
190. Application to Director to investigate need for non‑urgent caravan repairs
190A. Application to Director to investigate need for non‑urgent site repairs
191. Application to Tribunal for non-urgent repairs
191A. Application to Tribunal for non-urgent site repairs
192. What can the Tribunal order?
193. Payment of rent or hiring charge into Rent Special Account
194. Repair provisions not applicable to certain damage
Division 7--Transfer of rights and sale of caravans
195. Transfer of residency right
196. What if the caravan park owner unreasonably withholds consent to transfer?
197. Owner must not charge fee for transfer of resident's rights
198. Sale of caravan
Division 7A--Residents committees
198A. Participation in residents committee
198B. Caravan park owner's duties to residents committees
Division 8--Rights of entry
199. Entry of caravan by caravan park owner
200. Entry of caravan by caravan owner
201. Grounds for entry of caravan or site
202. Manner of entry
203. What must be in a notice of entry?
204. Resident has duty to permit entry
205. What if damage is caused during entry?
206. What if a person exercising right of entry fails to comply with Division?
206A. Offence relating to entering a site or caravan occupied by a resident
Division 9--Termination of residency rights in caravan parks
206AB. Termination after notice
206AC. Termination by agreement
206AD. Termination on execution of warrant
206AE. Termination by abandonment
206AF. Offences relating to interference with rights
206AG. Application for termination or new agreement because of family violence or personal violence
206AH. Tribunal orders
206AI. Tribunal may determine parties' liability under terminated agreement
206AJ. Cross-examination in a proceeding for termination or new agreement
206AK. Notice of intention to vacate site or caravan
206AL. Notice if caravan destroyed or unfit for habitation
206AM. Rent or hiring charge payable on termination without notice
206AN. Rent or hiring charge payable if site or caravan vacated early
206AO. Abandonment of site or caravan
206AP. Order of abandonment
206AQ. Damage
206AR. Danger
206AS. Threats and intimidation
206AT. Disruption
206AU. Non-payment of rent
206AV. Non-payment of hiring charges
206AW. Failure of resident to comply with Tribunal order
206AX. Successive breaches by resident
206AY. Use of site or caravan for illegal purpose
206AZ. Sale of caravan
206AZA. Closure of caravan park
206AZB. Occupation by caravan owner
206AZC. Prohibition on hiring of caravans or renting of sites after notice
206AZD. Notice under agreement with specified period of occupancy
206AZE. Notice of no effect
206AZF. Notice by caravan park mortgagee
206AZG. Notice by caravan mortgagee
206AZH. Form of notice of intention to vacate
206AZI. Form of notice to vacate
206AZJ. What if 2 or more notices can be served?
206AZK. How can a notice be withdrawn?
206AZL. Application of Subdivision
206AZM. Resident may apply to Tribunal
206AZN. What can the Tribunal order?
206AZO. Resident may challenge notice to vacate on grounds of family violence or personal violence
206AZP. What can the Tribunal order?
PART 4A--SITE AGREEMENTS AND SITE–TENANT OWNED DWELLINGS
Division 1--General requirements for site agreements
206B. Rights of site tenants
206BA. Site tenant may request co-habitant to be site tenant under site agreement
206C. Part 4A dwelling not a fixture
206D. Crown land
206E. Site agreements to be in writing
206EA. Site agreements signed by the site tenant but not by the site owner
206F. Terms of site agreement
206FA. Prohibited terms—general
206FB. Offence to include prohibited term in site agreement
206G. Harsh and unconscionable terms
206H. Minimum terms for site agreements in new parks
206I. Site agreement consideration period
206J. Cooling off period
206JA. Cooling off period—Part 4A dwelling purchase agreement
Division 1A--Discrimination in relation to site agreements
206JB. Site agreement application forms must include prescribed information
206JC. Site owner must not unlawfully discriminate against another person by refusing to let Part 4A site
Division 1B--Disclosures and representations prior to entering into site agreements
206JD. Restriction on use of personal information provided by prospective site tenants
206JE. Site owner must not request prescribed information from applicants
206JF. Information that site owners must disclose before entering into site agreements
206JG. Offence to enter into certain agreements about Part 4A park land
Division 2--Bonds
206K. What is the maximum bond?
206L. Application to increase maximum amount of bond
206M. Tribunal may determine maximum bond
206N. Not more than one bond is payable in respect of continuous occupation
206O. Condition report
206OA. Site owner or site tenant may apply to Tribunal to amend inaccurate or incomplete condition report
206P. Condition report is evidence of state of repair
206Q. Certain guarantees prohibited
206R. Maximum amount of certain guarantees
Division 3--Rents and other charges
206S. Rent, fees and charges under site agreements
206SA. Rent increases in site agreements
206T. Limit on rent in advance
206TA. Rent payment
206U. Receipts for rent
206V. How much notice is required of non-fixed rent increase?
206W. Site tenant may complain to Director about excessive rent
206X. Application to Tribunal about excessive rent
206Y. What can the Tribunal order?
206Z. Payment of increased rent pending Tribunal decision
206ZA. Additional charge
206ZB. Rent must be reduced if services are reduced
206ZC. Site tenant's goods not to be taken for rent
Division 4--Other charges
206ZD. Supply of key
206ZE. Site tenant's liability for electricity, gas and water charges
206ZF. Site owner's liability for electricity, gas and water charges
206ZG. Reimbursement
206ZH. Site owner must not seek overpayment for utility charges
Division 5--General duties of site tenants
206ZI. Site tenant's use of site
206ZJ. Site tenant must not use site for illegal purpose
206ZK. Site tenant's duty to pay rent
206ZL. Quiet enjoyment—site tenant's duty
206ZM. Site tenant must keep and leave Part 4A site reasonably clean
206ZMA. Site tenant must keep Part 4A dwelling in good repair
206ZMB. Site tenant must not make Part 4A site modifications without consent
206ZO. Site tenant must notify site owner of and compensate for damage
206ZP. Number of persons residing on Part 4A site
206ZQ. Site tenant must observe Part 4A park rules
Division 6--General duties of site owners
206ZR. Site owner must give tenant certain information
206ZS. Part 4A site plans
206ZT. Site owner must provide access
206ZU. Quiet enjoyment—site owner's duty
206ZV. Site owner must keep Part 4A park clean
206ZVA. Site owner must maintain and repair rented site
206ZVB. Site owner's liability for excessive usage caused by faults
206ZVC. Application to Tribunal about excessive usage charges
206ZW. Duty of site owner to maintain communal areas
206ZX. Site owner to give additional information
Division 7--Part 4A park rules
206ZY. Site owner may make Part 4A park rules
206ZZ. Amendment of Part 4A park rules
206ZZA. What if the Part 4A park rules are thought to be unreasonable?
Division 7A--Repairs
206ZZAA.Urgent site repairs to Part 4A sites
206ZZAB.Application to Tribunal for urgent site repairs
206ZZAC.Application to Director to investigate need for non-urgent site repairs
206ZZAD.Application to Tribunal for non-urgent site repairs
206ZZAE.What can the Tribunal order?
206ZZAF.Payment of rent into Rent Special Account
206ZZAG.Repair provisions not applicable to certain damage
Division 8--Site tenants' committees
206ZZBAA.Only one committee if park occupied by residents under Parts 4 and 4A
206ZZB. Participation in site tenants' committee
206ZZC. Site owner's duties to site tenants' committees
Division 9--Assignment and sub-letting
206ZZD. Assignment by a site tenant
206ZZE. Sub-letting by a site tenant
206ZZF. Site tenant may apply to Tribunal
206ZZG. Site owner cannot ask for fee for giving consent
206ZZH. Sale of Part 4A dwelling
Division 10--Rights of entry
206ZZI. Entry of Part 4A site and Part 4A dwelling by site owner
206ZZJ. Grounds for entry of Part 4A site
206ZZK. Manner of entry
206ZZL. What must be in a notice of entry?
206ZZM. Site tenant has duty to permit entry
206ZZN. What if damage is caused during entry?
206ZZO. What if a person exercising right of entry fails to comply with Division?
206ZZP. Offence relating to entering a site occupied by a site tenant
Division 11--Termination of site agreements in Part 4A parks
207. Termination of site agreement
207A. Termination by agreement
207B. Termination by consent
207C. Termination after notice to vacate
207D. Termination by abandonment
207E. Termination if Part 4A site is sub-let
207F. Termination if site owner not owner of site
207G. Termination by merger
207H. Termination by disclaimer
207I. Termination by site tenant before occupation or use
207J. Offences relating to interference with rights
207K. Creation of periodic site agreement
207L. Reduction of fixed term agreement
207M. Application for termination or new site agreement because of family violence or personal violence
207N. Tribunal orders
207O. Tribunal may determine parties' liability under terminated agreement
207P. Cross-examination in a proceeding for termination or new agreement
207Q. Notice of intention to vacate
207R. Notice to have no effect in certain circumstances
207S. Reduced period of notice of intention to vacate in certain circumstances
207T. Failure of site owner to comply with Tribunal order
207U. Successive breaches by site owner
207V. Order of abandonment
207W. Damage
207X. Danger
207Y. Threats and intimidation
207Z. Disruption
207ZA. Failure to comply with Tribunal order
207ZB. Successive breaches by site tenant
207ZC. Use of Part 4A site for illegal purpose
207ZD. Assignment or sub-letting without consent
207ZE. Closure of Part 4A park
207ZF. Notice by land owner
207ZG. Notice under fixed term site agreement
207ZH. Notice of no effect
207ZI. Notice by mortgagee of Part 4A park
207ZJ. Form of notice of intention to vacate
207ZK. Form of notice to vacate
207ZL. What if 2 or more notices can be served?
207ZM. How can a notice be withdrawn?
207ZN. Site tenant may challenge notice to vacate on grounds of family violence or personal violence
207ZO. What can the Tribunal order?
PART 5--COMPENSATION AND COMPLIANCE
208. Breach of duty notice
209. Application for compensation or compliance order for breach of duty
209AA. Application for compensation or compliance order for breach of prescribed term in standard form tenancy agreement
209AAB. Application for compensation or compliance order for cost of urgent repairs
209A. Tribunal must hear application urgently
210AA. Application to Tribunal for compensation order for discrimination
210. Application to Tribunal for compensation order on other grounds
210A. Application to Tribunal by resident for compensation
210B. Application to Tribunal by site tenant or site owner for compensation
211. Matters which may be considered by Tribunal
211A. Further matters to be considered by Tribunal
211B. Director's guidelines to be considered by Tribunal
212. Orders of Tribunal
213. Compensation for unpaid rent
213AA. Compensation for unpaid rent under site agreement
213A. Application for payment of rent arrears or hiring charge arrears from bond
213B. Application to Tribunal for loss or damage
214. Can a person recover compensation under this Part as well as from a bond?
214A. Compensation for loss of rent under terminated site agreement
215. What powers does a court have to award compensation?
215A. Compensation in relation to closure of caravan park or Part 4A park
215B. Tribunal may make park closure compensation order
PART 7--REGAINING POSSESSION--POSSESSION ORDERS AND WARRANTS
Division 1--Applications for possession orders
322. Application for possession order by residential rental provider
322A. Community impact statement
323. Application for possession order by rooming house operator
323A. Application for possession order by person entitled to give notice to vacate under section 142ZO
324. Application for possession order by caravan park owner or caravan owner
324A. Application for possession order by site owner
325. Application for possession order by mortgagee
326. Time for application
329. Hearing of application for possession order
330. Order of Tribunal
330A. What is reasonable and proportionate?
331. Order to be dismissed or adjourned in certain circumstances
332. Order not to be made in certain circumstances
332A. Tribunal may dismiss possession order application and make compliance order in certain circumstances
333. Contents of possession order
334. Effect of possession order for rented premises or Part 4A site
Division 3--Recovery of possession of rented premises where occupied without consent
344. Application for possession order if premises occupied without consent
345. Order of Tribunal
346. What must the possession order provide?
347. Notice to occupiers of premises
348. Direction of Tribunal if occupier fails to appear
349. Order of Tribunal if occupier appears
350. Effect of this Division
Division 4--Warrants of possession
351. Issue of warrant of possession
352. Postponement of issue of warrant in certain cases
353. Immediate issue of warrant if failure to comply during postponement
354. Extension of time for warrant to be executed
355. Warrant of possession
356. Lapsing of possession order and lapsing or cancellation of warrant of possession
357. Execution of warrant
358. Offence to re-enter rooming house, site or caravan
Division 5--Sheriff's powers to remove caravans
359. Removal of caravan from a caravan park
360. Sheriff's powers to remove
361. What happens to personal documents?
362. Disposal of personal documents after 90 days
363. Reclaiming documents before disposal
364. Rightful owner may claim caravan and goods
365. Sale of caravan and goods
366. Tribunal may order compensation from Residential Tenancies Fund
PART 8--VIOLENCE ON CERTAIN PREMISES
367. Definitions
368. Manager may give person notice to leave—serious acts of violence
368A. Offence to give notice to leave or purported notice to leave without reasonable grounds
369. Offence to remain on premises if given notice to leave
370. What happens if a notice to leave is given?
371. How long does a suspension last?
372. Offence to re-enter premises during suspension
372A. Suspended resident may make arrangements for collection of personal items
373. Notice to principal registrar
374. Urgent applications to Tribunal
375. Tribunal must hear application urgently
376. What can the Tribunal order?
377. Offence to allow occupation of premises pending application or hearing
377A. Notice to leave prohibited if notice to vacate under section 91ZJ, 142ZC, 206AR or 207X already given
PART 9--GOODS LEFT BEHIND BY RENTERS, RESIDENTS AND SITE TENANTS
Division 1--Preliminary
378. Application of this Part
379. Definitions
Division 2--Personal documents left behind
380. What happens if personal documents are left behind?
381. Disposal of personal documents after 90 days
382. Reclaiming personal documents before disposal
Division 3--Goods left behind
383. Application of Division
384. Disposal of certain goods left behind
386. What must an owner of premises do about goods left behind?
387. Renters and other entitled persons may reclaim goods left behind
388. Occupation fee for goods left behind
390. What if a caravan owned by a resident is abandoned on site?
390A. What if a Part 4A dwelling owned by a site tenant is abandoned on site?
391. When owner of premises may sell or dispose of stored goods
392. Renter may request proceeds of sale of goods
394. Purchaser takes good title
Division 4--Orders of Tribunal
395. What if an owner of premises refuses to store goods for more than 14 days?
395A. What if the occupation fee is not sufficient to cover the costs of storage?
396. What if goods or documents are disposed of in contravention of this Part?
397. What if goods or documents are wrongfully retained?
398. What if goods or documents are damaged or lost?
400. What if personal documents are disposed of in accordance with section 381?
401. What orders can the Tribunal make?
PART 10--BONDS AND THE RESIDENTIAL TENANCIES BOND AUTHORITY
Division 1--Interpretation
404. Definitions
Division 2--Payment of bonds to Residential Tenancies Bond Authority
405. Bond lodgment form
406. Duty to pay bond to Authority
407. Receipt for bond
408. Bond held on trust
409. What if the residential rental provider is late in lodging the bond?
410. Payment of bond into Residential Bonds Account
410A. Payment of bond in prescribed manner and form
410B. Payment of substitute bond
Division 3--Repayment of bonds
411. Claims for rental bonds
411A. Notice of claim to be given to other parties
411AB. Matters that may be subject of bond claim
411AC. Repayment of bond where no dispute
411AD. Disputed bond claims
411AE. Repayment of bond to other persons
411B. Repayment out of Homes Victoria bonds generally
411C. Refund of amount of substitute bond
413. Payment to Homes Victoria
419A. Person with interest in claim for bond may apply to Tribunal for bond repayment order
420. Determination by Tribunal
420A. Order by Tribunal if renter victim of family violence or personal violence
420B. Order by Tribunal in circumstances of family violence or personal violence
420C. Tribunal may order Authority to disclose personal information of renter
420D. Order by Tribunal if renter who is SDA resident is coerced etc.
421. Bond paid by Homes Victoria
422. Unclaimed money
423. Prohibition of claims
Division 4--General provisions relating to bonds
424. Notification of assignment or transfer by residential rental provider
425. Notice of assignment or transfer by renter
426. Agent to produce authorisation on request
427. Authority to record names
428. Renter must not use bond as rent
Division 5--Residential Tenancies Bond Authority
429. Establishment of Authority
430. Constitution of Authority
431. Functions of Authority
432. Powers of Authority
433. Authority subject to Minister's general direction and control
434. Delegation
Division 6--Bond Accounts
435. Residential Bonds Account
436. Residential Bonds Investment Income Account
437. Residential Tenancies Fund
438. Borrowing and investment powers of Authority
439. Additional amounts
PART 10A--RESIDENTIAL TENANCY DATABASES
439A. Definitions
439B. Application
439C. Notice of usual use of database
439D. Notice of listing if database used
439E. Listing can be made only for particular breaches by particular persons
439F. Further restriction on listing
439G. Ensuring quality of listing—residential rental provider's obligation
439H. Ensuring quality of listing—database operator's obligation
439I. Providing copy of personal information listed
439J. Notifying relevant non-parties of Tribunal order about listing
439K. Keeping personal information listed
439L. Application to Tribunal for removal or amendment of listing
439M. What can the Tribunal order?
PART 10B--RENTAL NON‑COMPLIANCE REGISTER
439O. Definitions
439P. Rental Non-compliance Register
439Q. Form of Rental Non-compliance Register
439R. Restriction on listing personal information
439S. Personal information must not be kept on Rental Non-compliance Register for more than 3 years
439T. Application to Tribunal for removal or amendment of listing
439U. What can the Tribunal order?
PART 11--FUNCTIONS OF TRIBUNAL
Division 2--Jurisdiction of Tribunal
446. Jurisdiction of Tribunal
447. Limits of jurisdiction of Tribunal
448. Proceedings of Tribunal not justiciable
Division 3--Who may apply to Tribunal?
452. General applications to the Tribunal
Division 4--Orders of Tribunal
472. General power of Tribunal to make determinations
473. Powers of Tribunal where 2 or more residential rental agreements affect same premises
479. Review of certain determinations and orders
480. Offence to fail to comply with determination of Tribunal
481. Tribunal may order agent to provide details of residential rental provider
PART 12--ADMINISTRATION
Division 1--Director of Consumer Affairs Victoria
486. Functions of Director
486A. Director may approve documentary evidence
486B. Further functions of Director in relation to SDA dwellings
486C. Referral of matter to another person or body
487. Powers of Director
488. Director subject to Minister's general direction and control
489. Delegation by Director
490. Reports of Director
Division 2--Residential Tenancies Fund
491. Establishment of Residential Tenancies Fund
492. Payments into the Residential Tenancies Fund
493. Payments out of Residential Tenancies Fund
494. Treasurer's powers and duties in relation to Residential Tenancies Fund
495. Director may authorise payments for research etc.
498A. Director may authorise payment for certain legal costs
Division 3--Rent Special Account
498AB. Director to administer Rent Special Account
Division 4--Pecuniary penalties
498AC. Magistrates' Court may make orders under this Division
498AD. Pecuniary penalties
498AE. Pecuniary penalties and offences
498AF. Individuals acting honestly and reasonably
498AG. Preference must be given to compensation for victims
498AH. Civil action for recovery of pecuniary penalties
498AI. Indemnification of officers
PART 12A--SPECIALIST DISABILITY ACCOMMODATION
Division 1--Preliminary
498B. Definitions
498BA. Meaning of SDA dwelling
498C. When does Part not apply to occupation of SDA dwelling
Division 2--Provision of information and notices
498D. Information statement required to be given to SDA resident
498DAA. Information statement required to be given to person residing in SDA dwelling—residential rental agreement
498DA. Notice of revocation of registration or enrolment
498E. Explaining notices or information given to SDA residents under this Part
498EA. Explanation of Tribunal orders
Division 3--SDA residency agreements
498F. Agreement for provision of SDA dwelling
498G. Working with SDA resident to establish an SDA residency agreement
498H. Copy of SDA residency agreement to be made available to SDA resident
498I. SDA residency agreements to be in standard form
498J. Content of SDA residency agreement
498K. Invalid terms
498L. Harsh and unconscionable terms
Division 3A--Disclosures and representations prior to entering into SDA residency agreement
498LA. Restriction on use of personal information provided by applicants for SDA dwellings
498LB. Information that SDA provider must disclose before entering SDA residency agreement
498LC. Misleading or deceptive conduct inducing a person to enter an SDA residency agreement
Division 4--General rights, responsibilities and duties of SDA providers and SDA residents
498M. Duties of SDA provider
498N. Duties of SDA resident
Division 5--Repairs and maintenance
498O. Application and definition
498P. Application to Tribunal for urgent repairs
498Q. Application to Director to investigate need for non‑urgent repairs
498R. Application to Tribunal for non-urgent repairs
498S. What can the Tribunal order?
Division 6--Rights of entry
498T. Purpose of Division
498U. Entry of SDA dwelling
498V. Grounds for entry of SDA dwelling
498W. Manner of entry
498X. What must be in a notice of entry?
498Y. SDA resident has duty to permit entry
498Z. What if damage is caused during entry
Division 7--Rent
498ZA. Rent
498ZB. Notice of increase in rent
498ZC. Limit on payment in advance
498ZD. Where and how is rent to be paid?
498ZE. Receipts for rent
498ZF. SDA resident's goods not to be taken for rent
498ZG. SDA resident may complain to Director about excessive rent
498ZH. Disputes relating to increase in rent
498ZI. What can the Tribunal order on an application relating to increase in rent
498ZJ. Tribunal must dismiss certain applications
498ZK. Payment of increased amount pending Tribunal decision
Division 8--Other charges
498ZL. Certain charges prohibited
498ZM. SDA provider's liability for various utility charges
498ZN. SDA provider must not seek overpayment for utility charge
Division 9--Compensation and compliance
498ZO. Definitions
498ZP. Breach of duty notice
498ZQ. Application for compensation or compliance order for breach of duty
498ZR. Matters to be considered by Tribunal
498ZS. Orders of Tribunal
498ZT. Compensation for unpaid rent
498ZU. What powers does a court have to award compensation?
498ZV. Notice of temporary relocation
Division 10--Termination and notices to vacate
498ZW. Termination of SDA residency agreement
498ZWA. Order of Tribunal that premises are abandoned
498ZX. Notice to vacate by SDA provider
498ZY. Effect of notice to vacate
498ZZ. What if 2 or more notices can be given?
498ZZA. Notice of intention to vacate by SDA resident
498ZZB. Withdrawal of notice
498ZZC. Application to the Tribunal for review of notice to vacate
498ZZCA.Notice by owner
498ZZD. Notice to vacate by mortgagee
Division 11--Regaining possession--possession orders and warrants
498ZZE. Application for possession order by SDA provider
498ZZF. Application for possession order by mortgagee
498ZZG. Hearing of application for possession order
498ZZH. Order of Tribunal
498ZZHA.What is reasonable and proportionate
498ZZI. Order to be dismissed or adjourned in certain circumstances
498ZZJ. Contents of possession order
498ZZK. Order not to be made in certain circumstances
498ZZL. Effect of possession order for SDA dwelling
498ZZM. What must the possession order provide?
498ZZN. Notice to occupiers of SDA dwelling
498ZZO. Effect of this Subdivision
498ZZP. Issue of warrant of possession
498ZZQ. Extension of time for warrant to be executed
498ZZR. Warrant of possession
498ZZS. Lapsing of possession order and lapsing or cancellation of warrant of possession
498ZZT. Execution of warrant
498ZZU. Postponement of issue of warrant in certain cases
498ZZV. Immediate issue of warrant if failure to pay rent during postponement
Division 12--Goods left behind by SDA residents
498ZZW. Application of this Division
498ZZX. Definitions
498ZZY. What happens if personal documents are left behind?
498ZZZ. Disposal of personal documents after 90 days
498ZZZA.Reclaiming personal documents before disposal
498ZZZB.Application of Subdivision
498ZZZC.Disposal of certain goods left behind
498ZZZD.What must an SDA dwelling owner do about goods left behind?
498ZZZF.When SDA dwelling owner may sell or dispose of stored goods
498ZZZG.Former SDA resident may request proceeds of sale of goods
498ZZZI.Purchaser takes good title
498ZZZJ.What if goods or documents are disposed of in contravention of this Division?
498ZZZK.What if goods or documents are wrongfully retained?
498ZZZL.What if goods or documents are damaged or lost?
498ZZZM.What if an SDA dwelling owner refuses to store goods for more than 14 days?
498ZZZN.What orders can the Tribunal make?
Division 13--Offences
498ZZZO.Offence relating to entering SDA dwelling
498ZZZP.Offence to obtain possession etc. of SDA dwelling
498ZZZPA.Prohibition on letting premises used for SDA dwelling after notice
498ZZZQ.Offence to make false or fraudulent representation—SDA residency agreement
498ZZZR.Offence to persuade person not to exercise rights or take proceedings
498ZZZS.Offence to aid, abet, counsel or procure commission of an offence
498ZZZT.Certain penalties prohibited
PART 13--GENERAL
Division 1--Offences
499. Confidentiality
501. Offence to make false representation—residential rental agreement or residency right
502. Offence to persuade person not to exercise rights or take proceedings
503. Offence to aid, abet, counsel or procure commission of offence
504. Offence to give false information
505. Certain penalties prohibited
505A. Offences with respect to formal affiliation of premises with school or institution
505B. Offence not to display notice about affiliation of premises with school or institution
Division 1A--Disclosure, use and transfer of information
505C. Disclosure, use and transfer of information
Division 2--Evidence and legal proceedings
506. Service of documents
507. Onus of proof that Act does not apply
507A. Application of provisions of Australian Consumer Law and Fair Trading Act 2012
508. Proceedings for offences
508A. Extended period to prosecute certain offences
509. Jurisdiction of Supreme Court, County Court and Magistrates' Court
510. Application to Supreme Court, County Court or Magistrates' Court
510A. Parties to Tribunal proceedings
Division 2A--Infringement notices
510B. Definitions
510C. Power to serve a notice
Division 2B--Public warning statements
510K. Public warning statements
Division 2C--Substantiation notices
510L. Director may require claims to be substantiated
510M. Extending period for complying with substantiation notice
510N. Compliance with a substantiation notice
510O. False or misleading information
Division 3--Regulations
511. Regulations
PART 14--REGULATION OF CARAVAN PARKS AND MOVABLE DWELLINGS
Division 1--Application
512. Application of this Part
513. Minister may exempt caravan park from compliance with this Part
Division 2--Regulation of caravan parks and movable dwellings
514. Standards regulations
515. Registration regulations
515A. Fire safety and emergency management regulations
516. Additional powers
Division 3--Application of building and planning laws
517. Building provisions
518. Planning provisions
Division 3A--Fire safety and emergency management procedures
518A. Definitions
518B. Provision of fire fighting equipment
518C. Space around movable dwellings and adjacent structures
518D. Emergency management plan and emergency procedures
518E. Public emergency warnings
518F. Council may issue notice
Division 4--Applications and appeals
519. Application by caravan park owner for exemption
520. Referral of disputes by caravan park owners
521. Appeals
Division 5--Enforcement
522. Compliance notice
523. Closure order
524. Delegations
525. Authorised persons
526. Powers of entry and inspection
526A. Report of inspection
527. Proceedings for offences against this Part or the regulations
PART 15--TRANSITIONAL PROVISIONS
528. Definition of 2005 Act
529. Number of occupants of room frozen at Royal Assent
530. Rights of existing residents
531. Notice to existing residents
532. Transitional provisions
533. Transitional provision—Consumer Legislation Amendment Act 2019—pets
Division 5B--of Part 2 as inserted by the Consumer Legislation Amendment Act 2019 does not apply to a tenancy agreement in existence before the commencement of that Division, unless the tenant, on or after that commencement, introduces or wishes to keep a pet at the rented premises.
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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