Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 94C

S. 94C(1) amended by No. 45/2018 s. 353(1).

    (1)     A notice given by a rooming house operator under section 94B must—

        (a)     be in writing in a form approved by the Director; and

        (b)     state the date on which it is given; and

        (c)     state that it is given under section 94B; and

S. 94C(1)(d) amended by No. 45/2018 s. 353(1).

        (d)     state that the rooming house operator is seeking the consent of the resident to increase the room capacity of the room; and

        (e)     specify the total number of people who are proposed to be accommodated in the room; and

        (f)     state that if the resident consents to the increased room capacity of the room—

              (i)     the resident will not be notified before another resident takes up occupancy of the room; and

S. 94C(1)(f)(ii) amended by No. 45/2018 s. 353(1).

              (ii)     the rooming house operator will choose the other residents who will be permitted to take up occupancy of the room; and

        (g)     state the existing rent paid by the resident; and

        (h)     state the new reduced rent that will be payable by the resident if the resident consents to the increase in the room capacity of the room; and

              (i)     state that any consent of the resident must be in writing; and

        (j)     state that the resident may withdraw that consent at any time within the period of 3 days following the giving of the consent; and

        (k)     state that if consent is given, the consent will take effect at the end of the period of 7 days after—

              (i)     if there is only one resident of the room, the consent is given; or

              (ii)     if there is more than one resident of the room, the consent of the last resident is given; and

        (l)     state that when the consent takes effect—

              (i)     the increase in room capacity also takes effect; and

              (ii)     the new reduced rent also takes effect.

S. 94C(2) amended by No. 45/2018 s. 353(2).

    (2)     A notice given by the rooming house operator under section 94B ceases to have effect 14 days after it is given.

S. 94C(3) amended by No. 45/2018 s. 353(2).

    (3)     A notice given by a rooming house operator under section 94B is invalid if—

        (a)     it fails to state the new reduced rent payable by the resident or otherwise fails to comply with subsection (1); or

        (b)     the proposed room capacity of the room will exceed the number of persons permitted by law to be accommodated in the room.

S. 94D inserted by No. 63/2005 s. 9.