Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 88

Condition report

    (1)     For section 97(1) of the Principal Act substitute

    "(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.

    (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.

    (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 .".

    (2)     In section 97(2) of the Principal Act—

        (a)     for "3" substitute "5";

        (b)     for "owner" substitute "operator".

    (3)     After section 97(2) of the Principal Act insert

    "(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.

    (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.

    (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.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback