Victorian Current Acts Victorian Current ActsS. 57(1) amended by Nos 45/2018 s. 44(2), 40/2022 ss 60(12), 62(1).
(1) Homes Victoria or a registered housing agency or a provider of affordable housing under the Victorian Affordable Housing Programs may impose a service charge on a renter in rented premises let by Homes Victoria, the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs for any water, central heating, laundry or utility services or facilities made available to the renter.
S. 57(2) amended by No. 45/2018 s. 44(3).
(2) Subsection (1) only applies if it is not possible or practicable to accurately measure the use by the renter of that service or facility.
S. 57(2A) inserted by No. 45/2018 s. 44(4).
(2A) A service charge must not exceed the cost of providing the service or facility to the renter.
(3) A service charge may be increased by an amount or decreased in line with changes in the cost of providing the services or facilities.
S. 57(3A) inserted by No. 45/2018 s. 44(5), amended by Nos 40/2022 ss 60(13), 62(2), 17/2024 s. 6(1)(a).
(3A) If Homes Victoria, a registered housing agency or a provider of affordable housing under the Victorian Affordable Housing Programs imposes or varies a service charge on a renter, Homes Victoria, the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs, as the case requires, must give written notice to the renter of—
(a) the imposition of the service charge; or
(b) the increase or decrease made to the service charge, including particulars of the change in the cost of providing the services or facilities referred to in subsection (3).
S. 57(4) amended by No. 45/2018 s. 44(6).
(4) This section applies despite anything to the contrary in any residential rental agreement.
S. 57(4A) inserted by No. 45/2018 s. 44(7), amended by Nos 40/2022 ss 60(14), 62(3), 17/2024 s. 6(1)(b).
(4A) A renter may apply to the Tribunal for an order requiring Homes Victoria, the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs, as the case requires, to withdraw or vary the amount of a service charge imposed under subsection (1).
S. 57(4B) inserted by No. 45/2018 s. 44(7). amended by No. 40/2022 ss 60(15), 62(4).
(4B) On an application under subsection (4A), the Tribunal may order Homes Victoria, the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs, as the case requires, to—
(a) withdraw the service charge; or
(b) vary the amount of the service charge; or
(c) otherwise vary the service charge as the Tribunal thinks fit.
S. 57(5) amended by No. 40/2022 s. 60(16).
(5) In this section "Homes Victoria" includes any incorporated body that receives financial assistance from Homes Victoria for the purposes of providing non-profit housing.