Victorian Numbered Regulations

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RESIDENTIAL TENANCIES REGULATIONS 2021 (SR NO 3 OF 2021) - SCHEDULE 2

SCHEDULE 2—MODIFICATIONS

The rental provider and renter may agree to a list of modifications at any time during the agreement.

        39.     Agreed modifications

Subject to the restoration requirements (if any) specified in this Part, the rental provider consents to the renter making the alterations, additions, installations or renovations to the premises specified below—

[ insert alterations, additions, installations or renovations to the premises that the renter is permitted to make during the term, for example—

              •     installation of a security screen on the front door ;

              •     installation of a herb garden ]

        40.     Restoration requirements

If the renter undertakes the alterations, additions, installations or renovations to the premises specified above, either—

(tick the appropriate box)

    the rental provider agrees that there is no requirement to restore the premises or pay for restoration of the premises;

or

    the renter agrees to undertake the restoration requirements or pay the amount specified at the expiry or earlier termination of this agreement, as set out below.

[ insert restoration requirements that apply at the end of this agreement ]

Estimated cost of restoring premises: [ enter amount ]

    an additional amount of bond to restore the premises for an installation, renovation, alteration or addition under section 64(2) of the Act has NOT been requested

    an additional amount of bond to restore the premises for an installation, renovation, alteration or addition under section 64(2) of the Act has been requested [ insert bond amount ]

The rental provider or agent must lodge the bond with the Residential Tenancies Bond Authority (RTBA).

The bond must be lodged within 10 days after receiving payment. The RTBA will send the renter a receipt for the bond.

If the renter does not receive a receipt within 15 business days from when they paid the bond, they may—

              •     email the RTBA at rtba@justice.vic.gov.au ; or

              •     call the RTBA on 1300 13 71 64.

Signatures

Rental provider

Signature [ insert signature of rental provider ]

Dated [ insert date of signing ]

Renter

Signature [ insert signature of renter ]

Dated [ insert date of signing ]

Note : Each renter who is a party to the agreement must sign and date here. If there are more than 4 renters, include details on an extra page.

Note : If the rental provider and renter subsequently agree to further alterations, additions, installations or renovations to the premises, they must complete and attach an additional copy of this Schedule to the agreement.

FORM 3

Residential Tenancies Act 1997
(Section 29C)

(Regulation 14)

STATEMENT OF INFORMATION FOR RENTAL APPLICANTS

1.     Discrimination is treating, or proposing to treat, someone unfavourably because of a personal attribute. Discrimination is also imposing an unreasonable requirement, condition or practice that disadvantages persons with a personal attribute.

2.     In Victoria it is unlawful to discriminate against someone in relation to certain personal attributes. This means that residential rental providers (rental providers) and real estate agents cannot refuse you accommodation or discriminate against you during your tenancy on the basis of personal attributes protected by law. The following is a list of some protected attributes that are sometimes discriminated against in the rental market—

•         age;

              •     disability (including physical, sensory, intellectual disability and mental illness);

              •     employment activity;

              •     expunged homosexual conviction;

              •         gender identity;

              •     industrial activity (including union activity);

              •         marital status;

              •     parental status or status as a carer;

              •     physical features;

              •     political belief or activity;

              •     pregnancy or breastfeeding;

              •         race;

              •     religious belief or activity;

              •     lawful sexual activity or sexual orientation;

              •     sex or intersex status;

              •     association with someone who has these personal attributes.

3.     These personal attributes are protected by law and extend to agreements under the Residential Tenancies Act 1997 (the Act). It is against the law for a rental provider or their agent to treat you unfavourably or discriminate against you because of these personal attributes when you are applying for a rental property, occupying a rental property or leaving a rental property.

4.     Discrimination on the basis of any of these personal attributes may contravene Victorian laws including the Act, the Equal Opportunity Act 2010 (the Equal Opportunity Act), and a range of Commonwealth Acts including the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.

5.     In some limited circumstances, discrimination may not be unlawful, including accommodation provided for children, shared family accommodation, and student accommodation. For example, a community housing provider who is funded to provide youth housing may positively discriminate to provide accommodation for a young person. For more information, contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

6.     Scenarios and examples of unlawful discrimination in applying for a property

              •     Refusing or not accepting your application because you have children, unless the premises is unsuitable for occupation by children due to its design or location.

              •     Processing your application differently to other applicants and not giving your application to the rental provider because you have a disability or because of your race.

              •     Offering you the property on different terms by requiring more bond or requiring you to have a guarantor because of your age.

              •     Refusing to provide accommodation because you have an assistance dog.

7.     Scenarios and examples of unlawful discrimination when occupying or leaving a property

              •     Refusing to agree to you assigning your lease to someone else because of that person's personal attributes.

              •         Refusing to allow you to make reasonable alterations or modifications to the property to meet your needs if you have a disability.

              •     Extending or renewing your agreement on less favourable terms than your original agreement based on your protected attributes (e.g. due to a disability).

              •     Issuing you with a notice to vacate based on your protected attributes.

The examples listed and similar actions could contravene the Act, the Equal Opportunity Act , or the Commonwealth Acts.

Getting help

8.     If a rental provider or a real estate agent has unlawfully discriminated against you and you have suffered loss as a result, you may apply to VCAT for an order for compensation under section 210AA of the Act. VCAT may be contacted online at vcat.vic.gov.au/ or by calling 1300 018 228.

9.     If you would like advice about unlawful discrimination in relation to an application to rent or an existing agreement you may call Victoria Legal Aid on 1300 792 387.

10.     If you feel you have been unlawfully discriminated against when applying to rent, or once you have occupied a property, you or
someone on your behalf may make a complaint to VEOHRC at humanrightscommission.vic.gov.au/ or by calling
1300 292 153. 

FORM 4

Residential Tenancies Act 1997
(Section 35(1B))

(Regulation 18)

CONDITION REPORT—RENTED PREMISES

1.     A condition report must be completed at the start of every residential rental agreement (rental agreement). It is important that the renter completes this report in detail as it records the state of the premises at the start of the rental agreement.

Keep the condition report in a safe place. It will help to resolve disputes over cleaning, damage, safety or missing items at the end of the agreement.

Take photos that show the condition of items, fixtures and fittings. Fixtures and fittings are items considered to be part of the premises. Photos should be taken at the beginning and at the end of the tenancy.

The renter and the residential rental provider (rental provider) or agent should sign and date all extra pages.

Renters can fill in a condition report and give it to their rental provider if they are not given one.

2.     At the start of a rental agreement —At the start of a rental agreement and before a renter enters moves into the rented premises, the rental provider or their agent must—

              •         fill in, sign and date the condition report; and

              •         add extra pages to the report if there is not enough room when listing items; and

              •     give 2 copies of the signed report to the renter to fill in their part (or one copy if sending electronically).

3.     At the start of a rental agreement, renters must fill in, sign and date the condition report within 5 business days after moving in. A completed report may help the renter verify the condition of the rented premises, if there is a later dispute about the renter's responsibility for damage or cleaning.

4.     When filling out the condition report the renter should—

              •         include comments where they disagree with the description of an item and note anything which seems unsafe, insecurely fixed or needs repair; and

Note : where the condition report lists something needing repair, this provides the rental provider with written notice of the issue. If the rental provider does not carry out the repairs within a reasonable period of time, a renter can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order requiring the repairs to be carried out.

              •         take photos that show the condition of items—especially if the renter does not agree with what is on the form. Identify the location in which the photo is taken, including the date, and send a copy to the agent or rental provider together with the amended condition report; and

              •         tell the rental provider or their agent about any defect
that could be a threat to safety. For more information
on reporting safety issues, see the Renters Guide or www.consumer.vic.gov.au/renting.

5.     Correcting a condition report —Renters may not be able to see if all of the items in the condition report are working when they fill in the report. If they subsequently find that something is not working or in poor repair, renters may apply to VCAT to correct the report. This must be done within 30 days after the start date of the agreement. VCAT may order that the condition report be amended.

6.     At the end of the agreement —At the end of the agreement, the rental provider or their agent must—

              •     complete the final inspection and fill in the condition report within 10 days after the end date of the agreement; and

              •     give the renter an opportunity to attend the inspection if possible; and

              •     allow for fair wear and tear as this does not count as damage caused by the renter.

Note : where the renter is a victim of family or personal violence, VCAT may order that the renter is not to be held liable for any loss or damage caused by the alleged perpetrator of that violence.

PART A—PARTY DETAILS

7.     Date of condition report [ insert date the *rental provider/*agent has prepared Parts A, B and C of this report ]

8.     Address of rented premises [ insert address of rented premises ]

9.     Rental provider's details [ insert full name of rental provider ]

10.     *Agent's details [ insert full name/company name of an agent representing the rental provider ]

11.     Renter's details [ insert full name of renter ]

Each renter that is a party to the agreement should sign this condition report.

        Note : Rental providers and renters should take photos of the premises. Photos should be taken close-up to show detail regarding the structure, fixtures or fittings being photographed and at a distance for perspective. Photos should be dated, labelled and attached to this condition report, in hard copy or electronically; they should identify the location or room. Photos may be useful in a dispute about the condition of the rented premises.

PART B—START OF RENTAL AGREEMENT CONDITION REPORT

The rental provider or their agent must list features of each room in the rented premises and any appliances, fixtures or fittings let in the rented premises, including any of the following—

              •         baths;

              •     bed frames;

              •         blinds/curtains;

              •     cabinets;

              •     ceilings;

              •     chairs;

              •         cooktops;

              •     dishwashers;

              •         doors;

              •     door locks;

              •     exhaust fans;

              •     floor coverings;

              •         heaters;

              •     hot water services;

              •     internet connections;

              •         intercoms/security phones;

              •     keys;

              •         light fittings and light switches;

              •         mattresses;

              •         meal preparation areas;

              •     mirrors;

              •     ovens;

              •         phone lines;

              •         picture hooks (number and location);

              •         power points;

              •         rangehoods;

              •     refrigerator;

              •         screen doors;

              •     security systems;

              •         showers;

              •         side tables;

              •         sinks;

              •     smoke alarms;

              •     staircases;

              •     storage cupboards;

              •     taps;

              •     telephone connections;

              •         tiling;

              •         towel rails;

              •     tv connections;

              •         wardrobes;

              •         washbasins;

              •     window locks;

              •         window screens;

              •         windows.

Features, appliances, fixtures and fittings on the outside of the rented premises must also be listed, including any of the following—

              •     balconies;

              •     clothes lines;

              •     fences;

              •         garages;

              •     gardens;

              •         gates;

              •         green waste bins;

              •         hot water systems;

              •     letter boxes;

              •         pool or spas;

              •         porches;

              •         recycling bins;

              •         rubbish bins;

              •         storage cages;

              •         sheds;

              •         water tanks.

For each feature, appliance, fixture or fitting, the rental provider or their agent must note whether the item is clean, undamaged, and working.

For each feature, appliance, fixture or fitting, the rental provider or their agent may include additional comments or photos in relation to the state of the item. If they are unable to test whether a particular appliance is in working order, for example, due to an absence of electricity, they should write "unable to assess".

The rental provider or their agent must provide instructions to the renter to—

              •         indicate if the renter agrees or disagrees with the rental provider or their agent's assessment; and

              •         provide comments against each item if the renter disagrees, considers that something is unsafe or wants to add more details; and

              •         provide any photos taken by the renter to support the renter's assessment.

For each feature, appliance, fixture or fitting, the rental provider or their agent must leave adequate space for the renter to—

              •         agree or disagree with the rental provider or their agent's assessment of the item; and

              •         provide comments on each item; and

              •         provide photos in relation to each item.

The rental provider must also permit the renter to make attachments to the condition report to add additional information about the condition of any feature, appliance, fixture or fitting in the rented premises or any photos.

PART C—FOR THE START OF THE AGREEMENT ONLY

Communications

12.         A telephone line is connected to the rented premises

13.         An internet line is connected to the rented premises

14.         The rented premises is connected to the national broadband network (NBN)

15.     Location of NBN connection in the rented premises [ insert location of NBN connection ]

Information regarding safety

16.     The rental provider must keep records of gas and electrical safety checks. The rental provider must provide records of the gas and electrical safety checks on request by the renter.

17.     Date of last smoke alarm test [ insert date ]

18.     Date of last electrical safety check test [ insert date ]

19.     Date of last gas safety check [ insert date ]

20.     Date of last swimming pool barrier compliance check [ insert date ]

PART D—SIGNATURES

21.     *Rental provider/ * agent    

Signature of *rental provider/*agent     [ insert signature of rental provider/agent ]

    Date [ insert date of signing ]

22.     Renter

Note : Each renter must sign this report.

23.     I have read the *rental provider's/*agent's report and agree except where I have commented in Part B of this report.

Signature of renter [ insert signature of renter ]

Date [ insert date of signing ]

Insert signatures of any additional renters and the date of signing on this page, or at the back of the condition report.

Note : Renters should return one copy to the rental provider and keep the other copy in a safe place.

PART E—END OF RENTAL AGREEMENT CONDITION REPORT

24.     Date of condition report [ insert date the * rental provider/ * agent has prepared Part D of this report ]

25.     This part of the report is to be completed by the rental provider or their agent within 10 days after the end of the agreement.

26.     The rental provider or their agent must complete this part of the condition report in the presence of the renter or give the renter a reasonable opportunity to be present when it is completed.

The rental provider or their agent must list each feature of each room in the rented premises and any appliances, fixtures or fittings let in the rented premises including any that are listed in the agreement under Part B.

For each feature, appliance, fixture or fitting, the rental provider or their agent must note whether the item is clean, undamaged, and in working condition. If the status of any feature, appliance, fixture or fitting has changed, the rental provider or their agent is advised to make comment and take pictures.

*Delete if not applicable.

Tick as applicable.

FORM 5

Residential Tenancies Act 1997
(Section 44(1))

(Regulation 21)

NOTICE OF PROPOSED RENT INCREASE TO RENTER OF RENTED PREMISES

1.     The residential rental provider (rental provider) must use this form to notify the renter of a proposed rent increase.

PART A—INFORMATION FOR THE RENTER

2.     The rental provider must give you at least 60 days notice of any rent increase.

A valid notice of a proposed rent increase is required for all rent increases.

This notice may provide for one rent increase only.

The notice must include the method by which the rent increase was calculated. The rent increase cannot be greater than the amount calculated using this method.

Rental providers must not increase the rent during a fixed term residential rental agreement (agreement) unless the agreement provides for an increase.

Rental providers must not increase the rent more than once every 12 months.

Challenging a rent increase

3.     You may apply to the Director of Consumer Affairs Victoria to review the proposed increase if you think it is excessive. This is free. You may apply by filling in the section 'Rent increase investigation' (below) and giving a copy to Consumer Affairs Victoria. An application must be made in writing within 30 days after the notice is given. The Director will then investigate the increase and provide a report.

4.     You may also apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order declaring the proposed rent amount to be excessive. This application must be made within 30 days after receiving the Director's report or within 30 days after the notice of rent increase is given (where there is no Director's report). You will need to pay the increased rent amount from the date provided on this notice unless VCAT decides otherwise. If you have not requested a report from the Director, and 30 days have passed since you have received the notice, you can still apply directly to VCAT.

Note : you will need to satisfy VCAT that you have reasonable grounds to apply without first getting a report from Consumer Affairs Victoria.

5.     For further information visit the renting section of the Consumer Affairs Victoria website at www.consumer.vic.gov.au/renting or call 1300 558 181.

PART B—DETAILS

6.     Address of rented premises [ insert address ]

7.     Renter's details

This notice is given to [ insert renter's name ]

Include the names of each renter that is a party to the agreement.

8.     Rental provider's details

Name of rental provider [ insert rental provider's name—cannot be the agent's name ]

9.     Address of rental provider for the purpose of serving documents [ insert rental provider's address—can be the agent's address ]

10.     Contact details of rental provider or agent

Business hours [ insert telephone number ]

After hours [ insert telephone number ]

Email address [ insert email address ]

11.     Proposed rent increase    

I intend to increase the rent as follows—

Current rent amount ($) [ insert rent ] per *week/*fortnight/*calendar month

New rent amount ($) [ insert rent ]

Start date [ insert start date ]

Method used to calculate rent increase [ insert method, for example 'Consumer Price Index', used to calculate rent increase . Provide details of the process and calculation used to reach new rent amount ]

12.     Delivery of this notice

This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered/ordinary post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the renter)

Renter's postal or email address [ insert postal or email address ]

13.     Rent increase investigation—for renters

A request for an investigation by the Director of Consumer Affairs Victoria must be in writing.

You may apply for an investigation, by ticking the box below, writing your daytime telephone number, and posting a copy of this form to Director of Consumer Affairs Victoria, GPO Box 123 Melbourne 3001, or emailing it to renting@justice.vic.gov.au.

After your request has been received, a Residential Tenancies Inspector will contact you.

Yes, *I/*we the renter/s wish to apply for a rent increase investigation.

Renter daytime telephone number [ insert telephone number ]

*Delete if not applicable.

Tick as applicable.

FORM 6

Residential Tenancies Act 1997
(Section 91ZZO(a))

(Regulation 37)

NOTICE TO VACATE TO RENTER OF RENTED PREMISES

INFORMATION FOR RENTERS

1.         This is a notice to vacate. It tells you that the residential rental provider (rental provider) wants you to move out by a certain date. You can find details of this date in clause 10 "Termination date" below.

2.         Challenging this notice —You may be able to challenge this notice at the Victorian Civil and Administrative Tribunal (VCAT). Reasons to challenge a notice include—

              •         you believe you were given this notice due to unlawful discrimination or because you tried to exercise your rights as a renter; or

              •         you believe it was not given to you properly; or

              •     you disagree with the reason given or the information in the form is incorrect or incomplete; or

              •     you have experienced family or personal violence and this caused the behaviour listed in the notice to vacate. In this case, you should apply to VCAT within 30 days after the notice has been given.

Specific timeframes may apply to certain reasons to challenge a notice. You may also challenge the validity of the notice if the rental provider applies to VCAT for a possession order.

You should seek advice if you are considering challenging a notice to vacate.

3.     Unpaid rent

If you received a notice because you have not paid your rent—

              •     If you pay all of the unpaid rent on or before the termination date in the notice, this notice has no effect.

              •         You can find out more about this type of notice to vacate on the Consumer Affairs Victoria website.

4.     Possession orders and warrants —Rental providers must give you the appropriate notice to vacate before they apply to VCAT for a possession order.

If you do not vacate on the date stated in the notice, the rental provider may apply to VCAT asking for an order requiring you to leave (a possession order). VCAT will notify you of a hearing date that you can attend. You are encouraged to attend the hearing.

At the hearing, VCAT decides whether the rental provider was entitled to give you a notice to vacate. VCAT will make a possession order if it is satisfied that it is reasonable and proportionate to do so. VCAT may consider whether the notice to vacate was given in response to the act of a person who has subjected you to family or personal violence. It may also consider whether you can comply with a payment plan for any rental arrears, if applicable.

VCAT will decide if you must leave the property and on what date that should occur. You may ask for more time in the property if you will be in hardship. Rental providers cannot personally use force to remove you if you refuse to leave the property. Only Victoria Police can carry out a forcible eviction, and only when they are acting on a VCAT order (a warrant for possession).

5.     Ending the residential rental agreement earlier —In some cases, you may be able to end the residential rental agreement (rental agreement) earlier than the termination date in the notice to vacate, if the notice is given for one of the following reasons:

Repairs or renovations; demolition; change of use of premises; occupation by the rental provider or their family; the premises are to be sold; the premises are required for a public purpose; the renter no longer meets the eligibility criteria; or in the case of a fixed term rental agreement, to specify a termination date that is on or after the date of the end of the initial fixed term of the agreement.

To notify the rental provider, use a Notice of intention to vacate form and provide at least 14 days notice.

6.         Seeking advice —If you think you have grounds to challenge a notice to vacate at VCAT you should seek advice immediately by contacting one of the community legal organisations listed on the Consumer Affairs Victoria website. For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call 1300 558 181.

NOTICE

7.     Address of rented premises [ insert address of rented premises ]

8.     Renter's details [ insert full name of each renter ]

    Include the name of each renter who is a party to the residential rental agreement.

9.     *Rental provider's/*mortgagee's details

I am giving you this notice as—

the rental provider

the mortgagee

Full name of *rental provider/*mortgagee (this cannot be the agent's name) [ insert rental provider's or mortgagee's full name ]

*Rental provider's/*mortgagee's address for serving documents (this may be the agent's address) [ insert address of *rental provider/ * mortgagee/*agent ]

Contact details

Business hours [ insert contact telephone number ]

After hours [ insert contact telephone number ]

Email address [ insert contact email address ]

10.         Termination date

The termination date must allow for—

              •         the minimum notice required under the Residential Tenancies Act 1997 (the Act); and

              •         the proposed method of delivery and the date the renter is expected to receive the notice.

The minimum number of days notice required under the Act is [ insert minimum number of days ].

I request that you vacate on or before the following termination date [ insert termination date ].

If you want to challenge this notice you should seek legal advice as soon as possible.

11.     Reason for notice

I am giving you this notice for the following reason:

[ Insert the relevant reason and section number of the Act. The rental provider must also explain why the notice has been given. It is not enough to quote from the reasons on the information sheet; this must be accompanied by specific details. VCAT may find a notice to vacate invalid if the notice does not provide enough details, or where required by the Act, it is not accompanied by the form of documentary evidence approved by the Director of Consumer Affairs Victoria. ]

Is documentary evidence attached?

no

yes

Provide details of the evidence attached [ insert details of the evidence attached ]

12.     Delivery of this notice

This notice was sent on [ insert date notice sent ]

This notice will be delivered

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the renter)

Renter's postal or email address [ insert renter's postal or email address ]

Insert each email address being used for service

13.     Signature of *rental provider/*mortgagee/*agent

Signature of *rental provider/*mortgagee/*agent [ insert signature of *rental provider/*mortgagee/*agent ]

Name of *rental provider/*mortgagee/*agent [ insert name of *rental provider/*mortgagee/*agent ]

Date of notice [ insert date notice is issued ]

*Delete if not applicable.

Tick as applicable.

FORM 7

Residential Tenancies Act 1997
(Section 93A(2)(b))

(Regulation 38)

FIXED TERM ROOMING HOUSE AGREEMENT

This agreement is between the rooming house operator and the resident listed at clauses 3 and 4.

PART A—GENERAL DETAILS

1.         Date of agreement

This is the date the agreement is signed [ insert date agreement is signed ]

If the agreement is signed by the parties on different days, the date of the agreement is the date the last person signs the agreement.

2.         Premises let by the rooming house operator

Address of premises including room number [ insert address of premises including room number ]

Items let with the room (if any)

[ list and describe any items let with the room ]

3.         Rooming house operator's details

Full name of rooming house operator [ insert name of rooming house operator ]

Address [ insert address of rooming house operator if there is no agent acting for the rooming house operator ]

Phone number [ insert phone number of rooming house operator ]

ABN/ACN [ insert ABN/ACN of rooming house operator if applicable ]

Email address [ insert email address of rooming house operator ]

Rooming house operator's agent details

Full name [ insert name of agent ]

Address [ insert address of agent ]

Phone number [ insert phone number of agent]

ABN/ACN [ insert ABN/ACN of agent if applicable ]

Email address [ insert email address of agent ]

Note : The rooming house operator must notify the resident within 7 days if any of this information changes.

4.         Resident's details

Each resident that is a party to this agreement must provide their details here.

Full name of resident [ insert name of each resident ]

Current address [ insert address of each resident ]

Phone number [ insert phone number of each resident ]

Email address [ insert email address of each resident ]

5.         Length of the agreement

Fixed term agreement

Start date [ insert start date ]

End date [ insert end date ]

6.         Rent

Rent amount ($) [ insert rent amount ]

To be paid per

week

fortnight

(tick one box only)

Date first rent payment is due     [insert date]

Note : The rooming house operator cannot ask the resident to pay rent more than 14 days in advance.

7.         Bond

The resident has been asked to pay the bond specified below.

The bond must not be more than 28 days rent if the agreement has a fixed term. In any other case, the maximum bond is 14 days rent.

The rooming house operator or agent must lodge the bond with the Residential Tenancies Bond Authority (RTBA). The bond must be lodged within 10 business days after receiving payment. The RTBA will send the resident a receipt for the bond. If the resident does not receive a receipt within 15 business days from when they paid the bond, they may—

              •     email the RTBA at rtba@justice.vic.gov.au; or

              •         call the RTBA on 1300 13 71 64.

Bond amount ($) [ insert bond amount ]

Date bond payment due [ insert date bond is due ]

8.         Rooming house operator's preferred method of payment

Note : The rooming house operator must permit at least one fee-free (other than the resident's own bank fees) payment method and must allow the resident to use Centrepay or another form of electronic funds transfer.

The rooming house operator must tell the resident about any costs (such as transaction fees) related to the payment method.

The operator and resident may change the payment method by agreement.

(rooming house operator to tick permitted methods of rent payment)

direct debit

bank deposit

cash

cheque

money order

BPAY

Centrepay

other electronic form of payment [ insert details ]

Payment details [ insert any applicable payment details ]

9.     Service of notices and other documents by electronic methods

              •     Electronic service of documents must be in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 .

              •         Just because someone responds to an email or other electronic communications does not mean they have consented to the service of notices and other documents by electronic methods.

              •     The rooming house operator and resident must notify the other party in writing if they no longer wish to receive notices or other documents by electronic methods.

              •         The rooming house operator and resident must immediately notify the other party in writing if their contact details change.

9.1         Does the rooming house operator agree to the service of notices by electronic methods such as email?

The rooming house operator must complete this section before giving the agreement to the resident.

(rooming house operator to tick as appropriate)

yes [ insert email address, mobile phone number or other electronic contact details ]

no

9.2         Does the resident agree to the service of notices and other documents by electronic methods such as email?

(resident to tick as appropriate)

yes [ insert email address, mobile phone number or other electronic contact details ]

no

10.         Urgent repairs

              •         The rooming house operator must ensure that the room and facilities are provided and maintained in good repair.

              •         If there is a need for an urgent repair, the resident should notify the rooming house operator in writing.

              •         For further information on seeking repairs see Part B (below).

Details of person the resident should contact for an urgent repair

(rooming house operator to insert details)

Emergency contact name         [ insert name of emergency contact ]

Emergency contact phone number     [ insert phone number of emergency contact ]

Emergency contact email address     [ insert email address of emergency contact ]

11.         Professional cleaning

A rooming house operator must not require the resident to arrange professional cleaning at the end of the residency, unless this is needed to restore the room to the condition it was in before the resident moved in, allowing for fair wear and tear.

12.         Condition report

The resident must be given 2 copies of the condition report (or one emailed copy) on or before the date the resident moves in.

(rooming house operator to tick below as appropriate)

A condition report has been provided to the resident.

A condition report will be provided to the resident on or before the date the agreement starts.

PART B—RIGHTS AND OBLIGATIONS

13.         Rights and obligations

This is a summary of selected rights and obligations of residents and rooming house operators under the Residential Tenancies Act 1997 (the Act).

In addition to this, the rooming house operator must give the resident a summary of their rights and duties and a copy of the house rules. These must also be displayed in the resident's room.

For more information, visit consumer.vic.gov.au/renting.

14.         Use of the premises

The resident—

              •         has a right to reside in their room and use the facilities of the rooming house; and

              •         has an exclusive right to live in the room unless the rooming house operator gives notice before they move in that the room will be shared or the resident agrees to share the room; and

              •     is entitled to quiet enjoyment of the premises and must not do anything to disturb the privacy and peace and quiet of other residents; and

              •         must use the room for residential purposes only and not illegal purposes; and

              •         must keep their room reasonably clean.

15.         Shared rooms

The resident—

              •         has the right to receive written notice confirming if they are sharing their room or are an exclusive occupant; and

              •         has the right to have their rent reduced if they agree to have more persons in their room.

16.         Condition of the premises

The rooming house operator—

              •     must ensure that the room complies with any applicable rooming house standards including having windows with coverings for privacy that can be opened and closed and at least 2 working power outlets, and is vacant and reasonably clean when the resident(s) moves in. For further information please see consumer.vic.gov.au/housing/renting/types-of-rental-agreements/sharing-in-a-rooming-house/minimum-standards-in-rooming-houses; and

              •         must ensure the rooming house and its rooms are maintained in good repair; and

              •         must ensure that the resident has access to food preparation facilities such as an oven and cook-top which are in good working order; and

              •     must ensure that the rooming house meets public health and wellbeing laws such as providing at least one toilet for every 10 persons.

The resident—

              •         must be given 2 copies of the condition report (or one electronic copy) specifying the state of repair and general condition of the room before it was occupied; and

•     must not remove, deactivate or interfere with safety devices on the premises.

17.         Modifications

The resident must seek the rooming house operator's written consent before installing any fixtures or altering, renovating or making additions to the room.

The rooming house operator must not unreasonably refuse consent for modifications which are reasonable alterations under the Equal Opportunity Act 2010 which an occupational therapist or similar practitioner has said the resident needs.

18.         Locks

The rooming house operator must make sure the premises has a door that can be locked by a key from the outside and unlocked from inside without a key (this includes cards or codes for digital locks where applicable).

19.         Repairs

Only a suitably qualified person may do repairs—both urgent and non-urgent.

20.         Urgent repairs

Section 3(1) of the Act defines urgent repairs . Refer to the Consumer Affairs Victoria website for the full list of urgent repairs and for more information, visit consumer.vic.gov.au/urgentrepairs .

Urgent repairs include failure or breakdown of any essential service or appliance provided for hot water, cooking, heating or laundering supplied by the rooming house operator.

The rooming house operator must carry out urgent repairs after being notified.

A resident may arrange for urgent repairs to be done if the resident has taken reasonable steps to arrange for the rooming house operator to immediately do the repairs and the rooming house operator has not carried out the repairs.

If the resident has arranged for urgent repairs, the resident may be reimbursed directly by the rooming house operator for the reasonable cost of repairs up to $2500.

The resident may apply to VCAT for an order requiring the rooming house operator to carry out urgent repairs if—

(a)     the resident cannot meet the cost of the repairs; or

(b)     the cost of repairs is more than $2500; or

(c)     the rooming house operator will not pay the cost of repairs if it is carried out by the resident.

21.         Non-urgent repairs

The resident must notify the rooming house operator, in writing, as soon as practicable of—

              •     damage to the premises; and

              •     a     breakdown of facilities, fixtures, furniture or equipment supplied by the rooming house operator.

The rooming house operator must carry out non-urgent repairs in a reasonable time.

The resident may apply to VCAT for an order requiring the rooming house operator to do the repairs if the rooming house operator has not done the repairs within 14 days after receiving the notice.

22.         Rent

The rooming house operator must give the resident at least 60 days notice of a proposed rent increase.

The rent cannot be increased more than once every 12 months.

The rooming house operator must not hold or dispose of goods even if the resident owes rent.

23.         Access and entry

The rooming house operator may enter the resident's room—

              •         if the resident agrees to the time of entry sought; and

              •         if there is an emergency and immediate access is required to save life or valuable property; and

              •         to provide necessary services at a time provided in the house rules; and

              •     to show the rooming house to a prospective buyer or lender, or a prospective resident(s); and

              •         if they believe the resident has failed to follow their duties under the Act; and

              •     to inspect the room (provided entry has not been made for this purpose within the last 4 weeks).

The resident must allow entry to the resident's room if the rooming house operator has followed proper procedure—this includes providing the resident with a written notice of entry.

24.         Pets

The resident must seek consent from the rooming house operator before keeping a pet, other than an assistance dog, on the premises.

25.         Additional terms (if any)

List any additional terms to this agreement. The terms listed must not exclude, restrict or modify any of the rights and duties included in the Act.

Additional terms must also comply with the Australian Consumer Law (Victoria). For example, they cannot be unfair terms. Such terms will have no effect. Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit consumer.vic.gov.au/products-and-services/business-practices/contracts/unfair-contract-terms.

[ insert additional terms ]

Note: If you need extra space, attach a separate sheet. Both the rooming house operator and resident(s) should sign and date all attachments.

26.         Signatures

This agreement is made under the Residential Tenancies Act 1997 .

Before signing you must read Part B—Rights and Obligations of this form.

Rooming house operator

Signature [ insert signature of rooming house operator ]

Dated [ insert date of signing ]

Resident

Signature [ insert signature of resident ]

Dated [ insert date of signing ]

Note : Each resident who is a party to the agreement must sign and date the agreement. Additional signatures for each resident should be included here or attached to the agreement.

FORM 8

Residential Tenancies Act 1997
(Section 94E)

(Regulation 40)

INFORMATION FOR ROOMING HOUSE APPLICANTS

1.     Discrimination is treating, or proposing to treat, someone unfavourably because of a personal attribute. Discrimination is also imposing an unreasonable requirement, condition or practice that disadvantages persons with a personal attribute.

2.     In Victoria it is unlawful to discriminate against someone in relation to certain personal attributes. This means that rooming house operators and managers cannot refuse you accommodation or discriminate against you during your residency on the basis of personal attributes protected by law. The following is a list of some protected attributes that are sometimes discriminated against in the rental market—

              •         age;

              •     disability (including physical, sensory and intellectual disability and mental illness);

              •     employment activity;

              •     expunged homosexual conviction;

              •         gender identity;

              •         industrial activity (including union activity);

              •         marital status;

              •         parental status or status as a carer;

              •         physical features;

              •         political belief or activity;

              •     pregnancy or breastfeeding;

              •         race;

              •     religious belief or activity;

              •     lawful sexual activity or sexual orientation;

              •     sex or intersex status;

              •         association with someone who has these personal attributes.

3.     These personal attributes are protected by law and extend to agreements under the Residential Tenancies Act 1997 (the Act). It is against the law for a rooming house operator, their manager or their agent to treat you unfavourably or discriminate against you because of these personal attributes when you are applying for a room in a rooming house, occupying a room in a rooming house or leaving a room in a rooming house.

4.     Discrimination on the basis of any of these personal attributes may contravene Victorian laws including the Act, the Equal Opportunity Act 2010 (the Equal Opportunity Act), and a range of Commonwealth Acts including the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.

5.     In some limited circumstances, discrimination may not be unlawful, including accommodation provided for children, shared family accommodation, and student accommodation. For example, a community housing provider who is funded to provide youth housing may positively discriminate to provide accommodation for a young person. For more information, contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

6.     Scenarios and examples of unlawful discrimination in applying for a room in a rooming house

              •     Refusing your application because of your ethnicity.

              •     Processing your application differently to other applicants.

              •     Offering you the property on different terms by requiring a higher rent because of your age.

              •     Refusing to provide accommodation because you have an assistance dog.

7.     Scenarios and examples of unlawful discrimination when occupying or leaving a room in a rooming house

              •         Stopping you from accessing a benefit or facility that is associated with the accommodation (e.g. a shared space such as a kitchen).

              •     Refusing to allow you to make reasonable alterations or modifications to the property to meet your needs if you have a disability or because of your race.

              •         Extending or renewing your agreement on less favourable terms than your original agreement based on your protected attributes (e.g. due to disability).

              •     Attempting to evict you and issuing you with a notice to vacate based on your protected attributes.

The examples listed and similar actions could contravene the Act, the Equal Opportunity Act 2010 or the Commonwealth Acts.

Getting help

8.     Unlawful discrimination is also an offence under the Act. If a rooming house operator, manager, or their agent is found to have unlawfully discriminated against you and you have suffered loss as a result, you may apply to VCAT for an order for compensation under section 210AA of the Act. VCAT may be contacted online at https://www.vcat.vic.gov.au/ or by calling 1300 018 228.

9.     If you would like advice about unlawful discrimination in relation to an application for residency or an existing agreement you may call Victoria Legal Aid on 1300 792 387.

10.     If you feel you have been unlawfully discriminated against when applying to a rooming house, or once you have occupied a rooming house, you or someone on your behalf may make a complaint to VEOHRC at https://www.humanrightscommission.vic.gov.au/ or by calling 1300 292 153. 

FORM 9

Residential Tenancies Act 1997
(Section 97(1B))

(Regulation 43)

ROOMING HOUSE CONDITION REPORT

1.     A condition report must be completed at the start of every rooming house agreement. It is important that the rooming house resident (resident) completes this report in detail as it records the state of the room at the start of the residency.

    Keep the condition report in a safe place. It will help to resolve disputes over cleaning, damage, safety or missing items at the end of the agreement.

    Take photos that show the condition of items, fixtures and fittings. Fixtures and fittings are items considered to be part of the room. Photos should be taken at the beginning and at the end of the residency.

    The resident and the rooming house operator (operator) or the operator's agent should sign and date all extra pages.

    Residents may fill in a condition report and give it to the operator if they are not given one.

2.         At the start of the residency agreement —At the start of a residency and before a resident moves into the rooming house, the operator or the operator's agent must—

              •         fill in, sign and date the condition report; and

              •     add extra pages to the report if there is not enough room when listing items; and

              •     give 2 copies of the signed report to the resident to fill in their part (or one copy if sending electronically).

3.     At the start of the residency agreement, residents must fill in, sign and date the condition report within 5 business days after moving in. A completed report may help the resident verify the condition of the room, if there is a later dispute about the resident's responsibility for damage or cleaning.

4.     When filling out the condition report the resident should—

              •     include comments where they disagree with the description of an item and note anything which seems unsafe, insecurely fixed or needs repair; and

Note : where the condition report lists something needing repair, this provides the operator with written notice of the issue. If the operator does not carry out the repairs within a reasonable period of time, a resident can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order requiring the repairs to be carried out.

              •         take photos that show the condition of items—especially if the resident does not agree with what is on the form. Identify the location in which the photo is taken, including the date, and send a copy to the operator or the operator's agent together with the amended condition report; and

              •         tell the operator or their agent about any defect that could
be a threat to safety. For more information on reporting
safety issues, see Rooming House Residents Guide or www.consumer.vic.gov.au/renting.

5.     Correcting a condition report —Residents may not be able to see if all of the items in the condition report are working when they fill in the report. If they subsequently find that something is not working or in poor repair, residents may apply to VCAT to correct the report. This must be done within 30 days after the start date of the agreement. VCAT may order that the condition report be amended.

6.     At the end of the rooming house residency —At the end of the rooming house residency, the operator or their agent must—

              •     complete the final inspection and fill in the condition report within 10 days after the end date of the agreement and give the resident an opportunity to attend the inspection if possible; and

              •     allow for fair wear and tear as this does not count as damage caused by the resident.

PART A—PARTY DETAILS

7.     Date of condition report [ insert date the *rooming house operator/*agent has prepared Parts A, B and C of this report ]

8.     Address of rooming house [ insert address of rooming house including room number or name, if applicable ]

9.     Rooming house operator's details [ insert full name of rooming house operator ]

10.     *Agent's details [ insert full name/company name of an agent representing the rooming house operator ]

11.     Resident's details [ insert full name of resident ]

Each resident that is a party to this specific rooming house agreement should sign this condition report

        Note : Rooming house operators and residents should take photos of the premises. Photos should be taken close-up to show detail regarding the structure, fixtures or fittings being photographed and at a distance for perspective. Photos should be dated, labelled and attached to this condition report, in hard copy or electronically; they should identify the location. Photos may be useful in a dispute about the condition of the room.

PART B—START OF ROOMING HOUSE RESIDENCY CONDITION REPORT

The rooming house operator or their agent must list each feature of the room, and any appliances, fixtures or fittings let in the room, including any of the following—

              •     baths;

              •     bed frames;

              •     blinds/curtains;

              •     cabinets;

              •     ceilings;

              •     chairs;

              •     cooktop;

              •     door locks;

              •     doors;

              •     dishwashers;

              •     exhaust fans;

              •         floor coverings;

              •         heaters;

              •     light fittings and light switches;

              •     mattresses;

              •     meal preparation areas;

              •     mirrors;

              •     ovens;

              •     power points;

              •         refrigerators;

              •     screens;

              •     side tables;

              •     sinks;

              •     storage cupboards;

              •         taps;

              •     tiling;

              •     towel rails;

              •     wardrobes;

              •     washbasins;

              •     window fastening;

              •     windows.

For each feature, appliance, fixture or fitting, the rooming house operator or their agent must note whether the item is clean, undamaged, and working.

For each feature, appliance, fixture or fitting the rooming house operator or their agent may include additional comments or photos in relation to the state of the item. If they are unable to test whether a particular appliance is in working order, for example, due to an absence of electricity, they should write 'unable to assess'.

The rooming house operator or their agent must provide instructions to the resident to—

              •         indicate if the resident agrees or disagrees with the rooming house operator's or their agent's assessment; and

              •         provide comments against each item if the resident disagrees, feels that something is unsafe or wants to add more details; and

              •     provide any photos taken by the resident to support their assessment.

For each feature, appliance, fixture or fitting, the rooming house operator or their agent must leave adequate space for the resident to—

              •         agree to the rooming house operator's or their agent's assessment of the item; and

              •     provide comments on each item; and

              •         provide photos in relation to each item.

The rooming house operator or their agent must also permit the resident to make attachments to the condition report to add additional information about the condition of any feature, fixture or fitting in the rooming house or any photos.

PART C—FOR THE START OF ROOMING HOUSE RESIDENCY ONLY

Communications

12.             A telephone line is connected to the room

13.             An internet line is connected to the room

14.             The room is connected to the national broadband network (NBN)

15.     Location of NBN connection in the rooming house [ insert location of NBN connection ]

Information regarding safety

16.     The rooming house operator must keep records of gas and electrical safety checks. The rooming house operator must provide copies of records of the gas and electrical safety checks on request by the resident.

17.     Date of last smoke alarm test [ insert date ]

18.     Date of last electrical safety test [ insert date ]

19.     Date of last gas safety check [ insert date ]

PART D—SIGNATURES

20.     * Rooming house operator/ * agent    

    *Signature of *rooming house operator/*agent     [ insert signature of rooming house operator or agent ]

    Date [ insert date of signing ]

21.             Resident

    I have read the *rooming house operator's/*agent's report and agree except where I have commented in Part B of this report.

    Note : Each resident who is a party to the rooming house agreement must sign this report.

    Signature of resident [ insert signature of resident ]

    Date [ insert date of signing ]

Insert the signatures of any additional residents and the date of signing on this page, or at the back of the condition report.

Note : Residents should return one copy to the rooming house operator and keep the other copy in a safe place.

PART E—END OF ROOMING HOUSE RESIDENCY CONDITION REPORT

22.     Date of condition report [ insert date the * rooming house operator/ * agent prepared Part D of this report ]

23.     This part of the condition report is to be completed by the rooming house operator or their agent within 10 days after the end of the agreement.

24.     The rooming house operator or their agent must complete this part of the condition report in the presence of the resident or give the resident a reasonable opportunity to be present when it is completed.

The rooming house operator or their agent must list each feature of the room and any appliances, fixtures or fittings let in the room including any that were listed in the agreement under Part B .

For each feature, appliance, fixture or fitting, the rooming house operator or their agent must note whether the item is clean, undamaged, and in working condition. If the status of any feature, appliance, fixture or fitting has changed, the rooming house operator or their agent is advised to make comment and take pictures.

*Delete if not applicable.

Tick as applicable.

FORM 10

Residential Tenancies Act 1997
(Section 101(1))

(Regulation 45)

ROOMING HOUSE NOTICE OF PROPOSED RENT INCREASE

1.     The rooming house operator (operator) must use this form to notify the resident of a proposed rent increase.

2.     If the resident has requested additional services, then this form is not needed—the operator and resident may simply agree to a rent increase in writing which specifies the services to be provided, the rent increase and the date the increase will apply.

PART A—INFORMATION FOR THE RESIDENT

3.     The operator must give you at least 60 days notice of any rent increase except where you have requested extra services from the operator and agreed to pay increased rent for them.

    A valid notice of proposed rent increase is required for all rent increases.

This notice may provide for one rent increase only.

Operators must not increase the rent more than once every 12 months.

Challenging a rent increase

4.     You may apply to the Director of Consumer Affairs Victoria to review the proposed increase if you think it is excessive. This is free. You may apply by filling in the section below, 'Rent increase investigation' and giving a copy to Consumer Affairs Victoria. An application must be made in writing within 30 days after the notice is given. The Director will then investigate the increase and provide a report.

5.     You may also apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order declaring the proposed rent amount to be excessive. This application must be made within 30 days after receiving the Director's report. You will need to pay the increased rent amount from the date provided on this notice or 110% of the rent immediately before the rent increase (whichever is lower) until VCAT decides otherwise.

6.     For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call Consumer Affairs Victoria on 1300 558 181.

PART B—DETAILS

7.     Address of rooming house [ insert address ]

8.     Resident's details

This notice is given to [ insert name of resident ]

Include the names of all residents that are a party to the rooming house agreement.

9.     Rooming house operator's details

Name of rooming house operator [ insert name of rooming house operator—cannot be the agent's name ]

10.     Address of rooming house operator for the purpose of serving documents [ insert address of rooming house operator—can be the agent's address ]

11.     Contact details of rooming house operator or agent

Business hours [ insert telephone number ]

After hours [ insert telephone number ]

Email address [ insert email address ]

12.     Proposed rent increase    

I intend to increase the rent as follows:

Current rent amount ($) [ insert rent ] per *week/*fortnight

New rent amount ($) [ insert rent ] per *week/*fortnight

Start date [ insert start date ]

13.     Delivery of this notice

    This notice has been sent [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the resident)

Resident's postal or email address [ insert postal or email address ]

14.         Rent increase investigation—for rooming house residents

A request for an investigation by the Director of Consumer Affairs Victoria must be in writing.

You may apply for an investigation by ticking the box below, writing your daytime telephone number and posting a copy of this form to Director of Consumer Affairs Victoria, GPO Box 123 Melbourne 3001, or by emailing it to renting@justice.vic.gov.au.

After your request has been received, a Residential Tenancies Inspector will contact you.

Yes, *I/*we the resident/s wish to apply for a rent increase investigation.    

Resident daytime telephone number [ insert telephone number ]

*Delete if not applicable.

Tick as applicable.

FORM 11

Residential Tenancies Act 1997
(Section 142ZT(a))

(Regulation 52)

NOTICE TO VACATE TO ROOMING HOUSE RESIDENT

INFORMATION FOR THE RESIDENT

1.     This is a notice to vacate. It tells you that the rooming house operator (operator) wants you to move out on a certain date. You can find details of this date in clause 8 'Termination date', below.

2.     Challenging a notice to vacate —You may be able to challenge this notice at the Victorian Civil and Administrative Tribunal (VCAT). Reasons to challenge a notice include—

              •     you believe you were given this notice due to unlawful discrimination or because you tried to exercise your rights as a resident; or

              •     you believe it was not given to you properly; or

              •     you disagree with the reason given or the information in the form is incorrect or incomplete; or

              •     you have experienced family or personal violence and this caused the behaviour listed in the notice to vacate, in which case, you should apply to VCAT within 30 days after this notice has been given.

If you have been given notice because your fixed term agreement is coming to an end (see section 142ZA of the Residential Tenancies Act 1997 (the Act)) then you must apply to VCAT within 14 days after receiving the notice.

Specific timeframes may apply to certain reasons to challenge a notice. You may also challenge the validity of the notice if the rooming house operator applies to VCAT for a possession order.

You should seek advice if you are considering challenging a notice to vacate.

3.     Possession orders and warrants —Operators must give you the appropriate notice to vacate before they apply to VCAT for a possession order.     If you do not vacate on the date stated in the notice, the operator may apply to VCAT asking for an order requiring you to leave (a possession order). VCAT will notify you of a hearing date that you can attend. You are encouraged to attend the hearing.

    At the hearing, VCAT decides whether the operator was entitled to give you a notice to vacate. VCAT will make a possession order if it is satisfied that it is reasonable and proportionate to do so. VCAT determines whether it is reasonable and proportionate to make a possession order. VCAT may consider whether the notice to vacate was given in response to the act of a person who has subjected you to family or personal violence.

    VCAT decides if you must leave the rooming house and on what date that should occur. You may ask for more time in the rooming house if you will experience hardship.

Operators cannot personally use force to remove you if you refuse to leave the rooming house. Only Victoria Police can carry out a forcible eviction, and only when they are acting on a VCAT order (a warrant for possession).

4.     Seeking advice —If you think you have grounds to challenge a notice to vacate at VCAT you should seek advice immediately by contacting one of the community legal organisations listed on the Consumer Affairs Victoria website. For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call 1300 55 81 81.

NOTICE

5.     Address of rooming house [ insert address of rooming house ]

6.     Resident's details [ insert full name of each resident ]

7.     *Rooming house operator's/*mortgagee's/*building owner's/*building lessee's details

I am giving you this notice as—

the rooming house operator

the rooming house mortgagee

the *owner/*lessee of the building in which rooming house is operating

Full name of *rooming house operator/*mortgagee/*owner/*lessee of the building (this cannot be the agent's name) [ insert full name of *rooming house operator/*mortgagee/ * building owner/*building lessee ]

*Rooming house operator's/*mortgagee's/building owner's/*building lessee's address for serving documents (this can be the agent's address) [ insert address of *rooming house operator/*mortgagee/*building owner/*building lessee ]

Company name [ insert company name ]

Contact details

Business hours [ insert contact telephone number ]

After hours [ insert contact telephone number ]

Email address [ insert contact email address ]

8.     Termination date

The termination date must allow for—

              •     the minimum notice required under the Act; and

              •     the proposed method of delivery and the date the resident is expected to receive the notice.

The minimum number of days notice required under the Act is [ insert minimum number of days ].

I request that you vacate on or before the following termination date [ insert termination date ].

If you want to challenge this notice you should seek legal advice as soon as possible.

9.     Reason for notice

I am giving you this notice for the following reason:

[ insert the relevant reason, section number of the Act ]

[ the *rooming house operator/*mortgagee/*owner/*lessee of the building must explain why the notice has been given. It is not enough to quote from the reasons on the information sheet; this must be accompanied by specific details. VCAT may find a notice to vacate invalid if the notice does not provide enough details or, where required by the Act, is not accompanied by the required documentary evidence approved by the Director of Consumer Affairs Victoria. ]

In many cases this notice must be accompanied by documentary evidence. Is documentary evidence attached?

no

yes

Please provide details of the evidence attached [ insert details of the evidence attached ]

10.     Delivery of this notice

This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the resident)

Resident's postal or email address [ insert postal or email address ]

11.     Signature of *rooming house operator/*mortgagee/*owner/*lessee of the building/*agent

Signature of *rooming house operator/*mortgagee/*owner/*lessee of the building/*agent [ insert signature of *rooming house operator/*mortgagee/*owner/*lessee of the building/*agent ]

Name of *rooming house operator/*mortgagee/*owner/*lessee of the building/*agent [ insert name of *rooming house operator/*mortgagee/*owner/*lessee of the building/*agent ]

Date of notice [ insert date notice is sent or given ]

*Delete if not applicable .

Tick as applicable.

FORM 12

Residential Tenancies Act 1997
(Section 145)

(Regulation 54)

NOTIFICATION OF PROSPECTIVE CARAVAN PARK RESIDENT RIGHTS

BECOMING A RESIDENT AT THIS CARAVAN PARK

1.     The Residential Tenancies Act 1997 (the Act) sets out the rights and duties of residents and caravan park owners in relation to each other and provides for settling disputes. A resident is defined in the Act.

2.     You may enter into a written agreement with the caravan park owner to become a resident of the caravan park at any time. A caravan park owner is not obliged to enter into such an agreement with you.

3.     Even if you do not enter into a written agreement to become a resident, you will automatically become a resident of the caravan park if you occupy any site in the caravan park as your only or main residence for at least 60 consecutive days, other than as an occupant under an occupancy agreement which is expressed to be for holidaying or non-residential purposes. Once you become a resident, the Act applies to you and your residency in the caravan park.

FORM 13

Residential Tenancies Act 1997
(Section 145A)

(Regulation 55)

INFORMATION FOR CARAVAN PARK APPLICANTS

1.     Discrimination is treating, or proposing to treat, someone unfavourably because of a personal attribute. Discrimination is also imposing an unreasonable requirement, condition or practice that disadvantages persons with a personal attribute.

2.     In Victoria it is unlawful to discriminate against someone in relation to certain personal attributes. This means caravan park owners, caravan owners or their agents cannot refuse you accommodation or discriminate during your residency on the basis of personal attributes protected by law. The following is a list of some protected attributes that are sometimes discriminated against in the rental market—

              •     age;

              •     disability (including physical, sensory and intellectual disability and mental illness);

              •     employment activity;

              •     expunged homosexual conviction;

              •     gender identity;

              •     industrial activity;

              •     marital status;

              •     parental status or status as a carer;

              •     physical features;

              •     political belief or activity;

              •         pregnancy or breastfeeding;

              •         race;

              •     religious belief or activity;

              •     lawful sexual activity or sexual orientation;

              •         sex or intersex status;

              •     association with someone who has these personal attributes.

3.     These personal attributes are protected by law and extend to agreements under the Residential Tenancies Act 1997 (the Act). It is against the law for a caravan park owner, caravan owner or their agent to treat you unfavourably or discriminate against you when you apply for a caravan or caravan park site, occupy a caravan or caravan park site, or leave a caravan or caravan park site.

4.     Discrimination on the basis of any of these personal attributes may contravene Victorian laws including the Act, the Equal Opportunity Act 2010 (the Equal Opportunity Act), and a range of Commonwealth Acts including the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.

5.     In some limited circumstances, discrimination may not be unlawful, including accommodation provided for children, shared family accommodation, and student accommodation. For more information, contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

6.     Scenarios and examples of unlawful discrimination in applying for a caravan or caravan park site

              •         Refusing or not accepting your application because of your ethnicity.

              •     Processing your application differently to other applicants by not presenting your application to a caravan park owner or operator because you have a disability or because of your race.

              •     Offering you the caravan or caravan park site on different terms by requiring a higher amount of bond because of your age.

              •     Refusing to provide accommodation because you have an assistance dog, requiring you to keep your assistance dog away from the property or charging you extra for an assistance dog.

7.     Scenarios and examples of unlawful discrimination when occupying or leaving a caravan or caravan park site

              •         Stopping you from accessing a benefit or facility that is associated with the accommodation (e.g. a shared space such as a laundry).

              •     Refusing to allow you to make reasonable alterations or modifications to the caravan to meet your needs if you have a disability.

              •     Extending or renewing your agreement on less favourable terms than your original agreement based on your protected attributes (e.g. due to a disability).

              •     Attempting to evict you and issuing you with a notice to vacate based on your protected attributes.

Getting help

8.     Unlawful discrimination is also an offence under the Act. If a caravan park owner or caravan owner or agent is found to have unlawfully discriminated against you and you have suffered loss as a result, you may apply to the Victorian Civil and Administrative Tribunal for an order for compensation under section 210AA of the Act online at https://www.vcat.vic.gov.au or by calling 1300 018 228.

9.     If you would like advice about unlawful discrimination in relation to an application to rent a caravan or caravan park site or an existing agreement you may call Victoria Legal Aid on 1300 792 387.

10.     If you feel you have been unlawfully discriminated against when applying for a caravan or caravan park site, or once you have occupied a site, you or someone on your behalf may make a complaint to the VEOHRC at https://www.humanrightscommission.vic.gov.au/ or by calling 1300 292 153. 

FORM 14

Residential Tenancies Act 1997
(Section 148(1B))

(Regulation 58)

CONDITION REPORT—CARAVAN PARK/CARAVAN

1.     A condition report must be completed at the start of every agreement under section 144 of the Residential Tenancies Act 1997 . It is important that the resident completes this report in detail as it records the state of the caravan or site at the start of the agreement.

If this condition report relates to a caravan only, the condition report need only address the caravan and any appliances, fixtures and fittings within.

If this condition report relates to a site only, the condition report need only address the site and any appliances, fixtures and fittings provided under that agreement.

If this condition report relates to both a caravan and a site, the condition report should address the caravan and any appliances, fixtures and fittings within as well as the site and any appliances, fixtures and fittings provided under that agreement.

Keep the condition report in a safe place. It will help to resolve disputes over cleaning, damage, safety or missing items at the end of the agreement.

Take photos that show the condition of items, fixtures and fittings. Fixtures and fittings are items considered to be part of the caravan. Photos should be taken at the beginning and at the end of the residency.

The resident and the caravan or site owner (as the case requires) or their agent should sign and date all extra pages.

Residents can fill in a condition report and give it to the caravan or site owner if they are not given one.

2.         At the start of the agreement —At the start of the agreement and before a resident moves into a caravan or caravan site, the caravan owner or caravan park owner (as the case requires) or their agent must—

              •     fill in, sign and date the condition report; and

              •     add extra pages to the report if there is not enough room when listing items; and

              •         give 2 copies of the signed report to the resident (or one copy if sending electronically).

3.     At the start of the agreement, residents must fill in, sign and date the condition report within 5 business days after moving in. A completed report may help the resident verify the conditions of the premises, if there is a later dispute about the resident's responsibility for damage or cleaning.

4.     When filling out the condition report the resident should—

              •         include comments where they disagree with the description of an item and note anything which seems unsafe, insecurely fixed or needs repair; and

Note : where the condition report lists something needing repair, this provides the park or caravan owner with written notice of the issue. If the park or caravan owner does not carry out the repairs within a reasonable period of time, a resident may apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order requiring the repairs to be carried out.

              •     take photos that show the condition of items—especially if the resident does not agree with what is on the form. Identify the location in which the photo is taken, including the date, and send a copy to the park or caravan owner together with the amended condition report; and

              •         tell the park or caravan owner or their agent about any defect that could be a threat to safety. For more information on reporting safety issues, see Caravan Park Guide or www.consumer.vic.gov.au/renting.

5.     Correcting a condition report —Residents may not be able to see if all the items in the condition report are working when they fill in the report. If they subsequently find that something is not working or in poor repair, residents may apply to VCAT to correct the report. This must be done within 30 days after the start date of the agreement. VCAT may order that the condition report be amended.

6.     At the end of a caravan park residency —At the end of the residency, the park owner, caravan owner or their agent must—

              •         complete the final inspection and fill in the condition report within 10 days after the end date of the agreement and give the resident an opportunity to attend the inspection if possible; and

              •         allow for fair wear and tear as this does not count as damage caused by the resident.

PART A—PARTY DETAILS

7.     Date of condition report [ insert date the * caravan park owner/ * caravan owner has prepared Parts A, B and C of this report ]

8.     Address of caravan park and/or site [ insert address of caravan park/site ]

9.     *Caravan park owner's/*caravan owner's details [ insert full name of owner ]

10.     Resident's details [ insert full name of resident ]

Each resident that is a party to this specific caravan or site agreement should sign this condition report

    Note : Caravan park owners, caravan owners, their agents and residents should take photos of the caravan and site, if applicable. Photos should be taken close-up to show detail regarding the structure, fixtures or fittings being photographed and at a distance for perspective. Photos should be dated, labelled and attached to this condition report, in hard copy or electronically; they should identify the location. Photos may be useful in a dispute about the condition of the property.

PART B—START OF RESIDENCY CONDITION REPORT

The *caravan park owner/*caravan owner or their agent must list for each feature of the caravan or in the caravan site (as relating to the agreement) any appliances, fixtures or fittings let in the *caravan/ *caravan park site, including any of the following—

              •         bed frames;

              •     blinds/curtains;

              •     cabinets;

              •     ceilings;

              •     chairs;

              •     cooktops;

              •     dishwashers;

              •     doors;

              •     door locks;

              •     exhaust fans;

              •     floor coverings;

              •     heaters;

              •     hot water services;

              •     light fittings;

              •     mattresses;

              •     meal preparation areas;

              •     mirrors;

              •     ovens;

              •     picture hooks (number and location);

              •     power points;

              •     rangehoods;

              •     refrigerators;

              •     screen doors;

              •     security systems;

              •     showers;

              •     side tables;

              •     sinks;

              •     smoke alarms;

              •     storage cupboards;

              •     taps;

              •     telephone connections;

              •     tiling;

              •     towel rails;

              •     tv connections;

              •     washbasins;

              •     window locks;

              •     window screens;

              •     windows.

Features, appliances, fixtures and fittings on the site must also be listed including any of the following—

              •     annexes;

              •     clothes lines.

For each feature, appliance, fixture or fitting, the *caravan park owner/*caravan owner or their agent must note whether the item is clean, undamaged, and working.

For each feature, appliance, fixture or fitting, the *caravan park owner/*caravan owner or their agent may include additional comments or photos in relation to the state of the item. If they are unable to test whether a particular appliance is in working order, for example, due to an absence of electricity, they should write 'unable to assess'.

The *caravan park owner/*caravan owner or their agent must provide instructions to the resident—

              •     to indicate if the resident agrees or disagrees with the *caravan park owner's/*caravan owner's or their agent's assessment; and

              •     to provide comments against each item if the resident disagrees or considers that something is unsafe or wants to add more details; and

              •     to provide any photos taken by the resident to support the resident's assessment.

For each feature, appliance, fixture or fitting, the *caravan park owner/*caravan owner or their agent must leave adequate space for the resident to—

              •     agree or disagree with the caravan park owner's/caravan owner's or their agent's assessment of the item; and

              •     provide comments on each item; and

              •     provide photos in relation to each item.

The *caravan park owner/*caravan owner or their agent must also permit the resident to make attachments to the condition report to add additional information about the condition of any feature, appliance, fixture or fitting in the caravan or site or any photos.

PART C—FOR THE START OF THE AGREEMENT ONLY

Communications

11.         A telephone line is connected to the site

12.         An internet line is connected to the site

13.         The site is connected to the national broadband network (NBN)

14.     Location of NBN connection [ insert location of NBN connection ]

PART D—SIGNATURES

*Caravan park owner/*caravan owner/*agent    

15.     *Signature of caravan park owner/*caravan owner     [ insert signature of * caravan park owner/ * caravan owner/ * agent ]

    Date [ insert date of signing ]

Resident

Note : Each resident who is a party to the agreement must sign this report.

16.     I have read the *caravan park owner/*caravan owner's report and agree except where I have commented at Part B of this report.

    Signature of resident [ insert signature of resident ]

    Date [ insert date of signing ]

Insert the signatures of any additional site tenants and the date of signing on this page, or at the back of the condition report.

Note : Residents should return one copy to the caravan park owner or caravan owner (as the case may be) and keep the other copy in a safe place.

PART E—END OF RESIDENCY CONDITION REPORT

17.     Date of condition report [ insert date the *caravan park owner/*caravan owner has prepared Part D of this report ]

18.     This part of the report is to be completed by the *caravan park owner/*caravan owner or their agent within 10 days after the end of the agreement.

19.     The caravan park owner or caravan owner or their agent must complete this part of the condition report in the presence of the resident or give the resident a reasonable opportunity to be present it when it is completed.

The *caravan park owner/*caravan owner or their agent must list for each feature of the caravan or site and any appliances, fixtures or fittings let in the caravan including any that are listed in the agreement under Part B .

For each feature, appliance, fixture or fitting, the *caravan park owner/*caravan owner or their agent must note whether the item is clean, undamaged, and in working condition. If the status of any feature, appliance, fixture or fitting has changed, the *caravan park owner/ *caravan owner or their agent is advised to make comment and take pictures.

*Delete if not applicable.

Tick as applicable.

FORM 15

Residential Tenancies Act 1997
(Section 152(1) and (2))

(Regulation 60)

NOTICE OF PROPOSED RENT OR HIRING CHARGE INCREASE TO RESIDENT OF CARAVAN PARK

1.     The caravan park owner or caravan owner must use this form to notify the resident of a proposed rent or hiring charge increase.

PART A—INFORMATION FOR THE RESIDENT

2.     The caravan park owner or caravan owner, as the case requires, must give you at least 60 days notice of any rent or hiring charge increase.

This notice may provide for one rent and one hiring charge increase only.

If a caravan park owner who is also the caravan owner intends to increase the rent and the hiring charge at the same time, both increases must be listed.

Caravan park owners and caravan owners must not increase the rent or hiring charge more than once every 12 months.

Challenging a rent or hiring charge increase

3.     You may apply to the Director of Consumer Affairs Victoria to review the proposed increase if you consider it to be excessive. This is free. You may apply by filling in the section 'Rent increase/hiring charge increase investigation', below. An application must be made in writing within 30 days after the notice is given. The Director will then investigate the increase and provide a report.

4.     You may also apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order declaring the proposed rent or hiring charge to be excessive. This application must be made within 30 days after receiving the Director's report. You will need to pay the increased rent or hiring charge amount from the date provided on this notice or 110% of the rent or hiring charge immediately before the rent increase (whichever is lower) until VCAT decides otherwise.

5.     When VCAT makes its decision, it may order some of that money be refunded.

6.     For further information visit the renting section of the Consumer Affairs Victoria website at www.consumer.vic.gov.au/renting or call Consumer Affairs Victoria on 1300 558 181.

PART B—DETAILS

7.     Address of caravan [ insert address ]

8.     Resident's details

This notice is given to [ insert resident's name ]

Include the names of all residents that are a party to the agreement.

9.     *Caravan park owner's/*caravan owner's details

Name of *caravan park owner/*caravan owner [ insert *caravan park owner's name/*caravan owner's name—cannot be the agent's name ]

10.     Address of *caravan park owner/*caravan owner for the purpose of serving documents [ insert * caravan park owner's/ * caravan owner's address—can be the agent's address ]

11.     Contact details of *caravan park owner/*caravan owner or agent

Business hours [ insert telephone number ]

After hours [ insert telephone number ]

Email address [ insert email address ]

12.     Proposed rent increase    

I intend to increase the rent as follows—

Current rent amount ($) [ insert rent ] per *week/*fortnight

New rent amount ($) [ insert rent ] per *week/*fortnight

Start date [ insert start date ]

13.     Proposed hiring charge increase    

I intend to increase the hiring charge as follows—

Current hiring charge amount ($) [ insert hiring charge ] per *week/ *fortnight

New hiring charge amount ($) [ insert hiring charge ] per *week/ *fortnight

Start date [ insert start date ]

14.     Delivery of this notice

    This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the resident)

Resident's postal or email address [ insert postal or email address ]

15.         * Rent increase/ * hiring charge increase investigation—for residents

A request for an investigation by the Director of Consumer Affairs Victoria must be in writing.

You may apply for an investigation by ticking the box below, writing your daytime telephone number and posting a copy of this form to the Director of Consumer Affairs Victoria, GPO Box 123 Melbourne 3001, or by emailing it to renting@justice.vic.gov.au

After your request has been received, a Residential Tenancies Inspector will contact you.

Yes, *I/*we the resident/s wish to apply for a *rent increase/*hiring charge increase investigation.    

Resident daytime telephone number [ insert telephone number ]

*Delete if not applicable.

Tick as applicable.

FORM 16

Residential Tenancies Act 1997
(Section 206AZI(a))

(Regulation 72)

NOTICE TO VACATE—RESIDENTS OF CARAVAN PARK

INFORMATION FOR RESIDENTS

1.     This is a notice to vacate. It tells you that the caravan park or caravan owner wants you to move out on a certain date. You can find details of this date in clause 8 'Termination date', below.

2         .     Challenging this notice —You may be able to challenge this notice at the Victorian Civil and Administrative Tribunal (VCAT). Reasons to challenge notices to vacate include—

              •         you believe you were given this notice due to unlawful discrimination or because you tried to exercise your rights as a resident; or

              •     you believe it was not given to you properly; or

              •     you disagree with the reason given or the information in the form is incorrect or incomplete; or

              •     you have experienced family or personal violence and this caused the behaviour listed in the notice to vacate. In this case, you should apply to VCAT within 30 days after the notice has been given.

Specific timeframes may apply to certain reasons to challenge a notice. You may also challenge the validity of the notice if the caravan park or caravan owner applies to VCAT for a possession order.

You should seek advice if you are considering challenging a notice to vacate.

3.     Possession orders and warrants— caravan owners, caravan park owners, and their mortgagees must give you the appropriate notice to vacate before they apply to VCAT for a possession order.     If you do not vacate on the date stated in the notice, the caravan owner, caravan park owner or mortgagee may apply to VCAT asking for an order requiring you to leave (possession order). VCAT will notify you of a hearing date that you can attend. You are encouraged to attend the hearing.

    At the hearing, VCAT decides whether the caravan owner, caravan park owner or mortgagee was entitled to give you a notice to vacate. VCAT will make a possession order if it is satisfied that it is reasonable and proportionate to do so. VCAT determines whether it is reasonable and proportionate to make a possession order. VCAT may consider whether the notice to vacate was given in response to the act of a person who has subjected you to family or personal violence.

    VCAT decides if you must leave the property and on what date that should occur. You may ask for more time in the property if you will be in hardship.

Caravan owners, caravan park owners, or their mortgagees cannot personally use force to remove you if you refuse to leave the property. Only Victoria Police can carry out a forcible eviction, and only when they are acting on a VCAT order (a warrant for possession).

4.     Seeking advice —If you think you have grounds to challenge a notice to vacate at VCAT you should seek advice immediately by contacting one of the community legal organisations listed on the Consumer Affairs Victoria website. For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call 1300 55 81 81.

NOTICE

5.     Address of caravan [ insert address of caravan including site number ]

6.     Resident's details [ insert full name of each resident ]

7.     *Owner's/*Mortgagee's details

I am giving you this notice as—

the caravan park owner

the caravan owner

the caravan park mortgagee

the caravan mortgagee

Full name of *caravan owner/*caravan park owner/*mortgagee (this cannot be the agent's name) [ insert *caravan owner's/*caravan park owner's/*mortgagee's full name ]

* Caravan owner's/*caravan park owner's/*mortgagee's address for serving documents (this can be an agent's address) [ *caravan owner's/*caravan park owner's/*mortgagee's address ]

Contact details

Business hours [ insert contact telephone number ]

After hours [ insert contact telephone number ]

Email address [ insert email address ]

8.         Termination date

The termination date must allow for—

              •     the minimum notice required under the Residential Tenancies Act 1997 (the Act); and

              •     the proposed method of delivery and the date the resident is expected to receive the notice.

The minimum number of days notice required under the Act is [ insert minimum number of days ].

I request that you vacate on or before the following termination date [ insert termination date ].

If you want to challenge this notice you should seek legal advice as soon as possible.

9.     Reason for notice

I am giving you this notice for the following reason—

[ Insert the relevant reason, section number of the Act. The owner or mortgagee must also explain why the notice has been given. It is not enough to quote from the reasons on the information sheet; this must be accompanied by specific details. VCAT may find a notice to vacate invalid if the notice does not provide enough details or, where relevant, is not accompanied by the form of documentary evidence approved by the Director of Consumer Affairs Victoria. ]

Is documentary evidence attached?

no

yes

Please provide details of the evidence attached [ insert details of the evidence attached ]

10.     Delivery of this notice

This notice has been sent on [ insert date notice sent ]

This notice will be delivered

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the resident)

Resident's postal or email address [ insert postal or email address ]

11.     Signature of *owner/*mortgagee/*agent

Signature of *owner/*mortgagee/*agent [ insert signature of *owner/*mortgagee/*agent ]

Name of *owner/*mortgagee/*agent [ insert name of *owner/*mortgagee/*agent ]

Date of notice [ insert date notice is issued ]

*Delete if not applicable.

Tick as applicable.

FORM 17

Residential Tenancies Act 1997
(Section 206I(2))

(Regulation 74)

COOLING OFF PERIOD UNDER SECTION 206J OF THE RESIDENTIAL TENANCIES ACT 1997

1.     A cooling off period gives you time to change your mind after signing a contract.

2.     You may end this site agreement within 5 business days after signing it by providing written notice to the site owner. Once you give notice the contract is treated as if it was never entered into by you or the site owner or the site owner's agent. This means, for example, that if you sign the contract at 4.30 p.m. on Monday, you may provide notice of cooling off until 4.30 p.m. on the next Monday. You do not count weekends or public holidays within that period.

3.     You must give the site owner, or their agent, written notice that you plan to end the agreement. You should keep a copy of your notice. This notice must be given to the site owner (or their agent) or left at the address for service of the site owner as listed in the site agreement. It is not enough to provide this notice verbally.

4.     If you end the agreement in this way you will be entitled to a refund of all money paid except for $100.

5.     For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call
1300 558 181.

FORM 18

Residential Tenancies Act 1997
(Section 206JB)

(Regulation 75)

SITE AGREEMENT APPLICANTS PRESCRIBED STATEMENT OF INFORMATION

1.     Discrimination is treating, or proposing to treat, someone unfavourably because of a personal attribute. Discrimination is also imposing an unreasonable requirement, condition or practice that disadvantages persons with a personal attribute.

2.     In Victoria it is unlawful to discriminate against someone in relation to certain personal attributes. This means site owners and their agents cannot refuse you accommodation or discriminate during your residency on the basis of personal attributes protected by law. The following is a list of some protected attributes that are sometimes discriminated against in the rental market—

              •     age;

              •     disability (including physical, sensory and intellectual disability and mental illness);

              •     employment activity;

              •     expunged homosexual conviction;

              •     gender identity;

              •     industrial activity (including union activity);

              •     marital status;

              •     parental status or status as a carer;

              •     physical features;

              •     political belief or activity;

              •     pregnancy or breastfeeding;

              •     race;

              •     religious belief or activity;

              •     lawful sexual activity or sexual orientation;

              •     sex or intersex status;

              •     association with someone who has these personal attributes.

3.     These personal attributes are protected by law and extend to agreements under the Residential Tenancies Act 1997 (the Act). It is against the law for a site owner or their agent to treat you unfavourably or discriminate against you when you are applying for a Part 4A site, occupying a Part 4A site or leaving a Part 4A site.

4.     Discrimination on the basis of any of these personal attributes may contravene Victorian laws including the Act, the Equal Opportunity Act 2010 (the Equal Opportunity Act), and a range of Commonwealth Acts including the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.

5.     In some limited circumstances, discrimination may not be unlawful, including accommodation provided for children, shared family accommodation, and student accommodation. For more information, contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

6.     Scenarios and examples of unlawful discrimination in applying for a Part 4A site

              •     Refusing your application because of your ethnicity.

              •     Processing your application differently by not giving your application to the owner because you have a disability or because of your race.

              •     Offering you the property on different terms by requiring a higher rent because of your age.

              •     Refusing to provide accommodation because you have an assistance dog, requiring you to keep your assistance dog away from the Part 4A site, or charging you extra for an assistance dog.

7.     Scenarios and examples of unlawful discrimination when occupying or leaving a site

              •     Stopping you from accessing a benefit or facility that is associated with the accommodation (e.g. a shared amenity such as a games room).

              •     Refusing to allow you to make reasonable alterations or modifications to the site to meet your needs if you have a disability.

              •     Extending or renewing your agreement on less favourable terms than your original agreement based on your protected attributes (e.g. due to a disability).

              •     Attempting to evict you and issuing you with a notice to vacate based on your protected attributes.

The examples listed and similar actions could contravene the Act, the Equal Opportunity Act , or the Commonwealth Acts.

Getting help

8.     Unlawful discrimination is also an offence under the Act. If a site owner or agent is found to have unlawfully discriminated against you and you have suffered loss as a result, you may apply to VCAT for an order for compensation under section 210AA of the Residential Tenancies Act online at https://www.vcat.vic.gov.au/ or by calling 1300 018 228.

9.     If you would like advice about unlawful discrimination in relation to an application for a site agreement you may call Victoria Legal Aid on 1300 792 387.

10.     If you feel you have been unlawfully discriminated against when applying for a Part 4A site, or once you have occupied a Part 4A site, you or someone on your behalf may make a complaint to the VEOHRC at https://www.humanrightscommission.vic.gov.au/ or by calling 1300 292 153. 

FORM 19

Residential Tenancies Act 1997
(Section 206O(1B))

(Regulation 79)

CONDITION REPORT—PART 4A SITE

1.     This condition report must be completed at the start of every Part 4A site agreement. It is important that the site tenant (tenant) completes this report in detail as it records the state of the site at the start of the agreement.

Keep the condition report in a safe place. It will help to resolve disputes over cleaning, damage, safety or missing items at the end of the agreement.

Take photos that show the condition of the site. Photos should be taken at the beginning and end of the agreement.

The tenant and Part 4A site owner (site owner) should sign and date all extra pages.

Tenants may fill in a condition report and give it to the Part 4A site owner if they are not given one.

2.         At the start of the Part 4A site agreement —At the start of the agreement and before the tenant moves into the Part 4A site, the site owner or their agent must—

              •     fill in, sign and date the condition report; and

              •     add extra pages to the report if there is not enough room when listing items; and

              •     give 2 copies of the signed report to the tenant to fill in their part (or one copy if sending electronically).

3.     At the start of the agreement, tenants must fill in, sign and date the condition report within 5 business days after moving in. A completed report may help the tenant verify the condition of the site, if there is a later dispute about the tenant's responsibility for damage or cleaning.

4.     When filling out the condition report the tenant should—

              •     include comments where they disagree with the description of an item and note anything which seems unsafe, insecurely fixed or needs repair; and

Note : where the condition report lists something needing repair, this provides the site owner with written notice of the issue. If the site owner does not carry out the repairs within a reasonable period of time, a tenant may apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order requiring the repairs to be carried out.

              •     take photos that show the condition of items—especially if the site tenant does not agree with what is on the form. Identify the location at which the photo is taken, including the date, and send a copy to the site owner or their agent together with the amended condition report; and

              •     tell the site owner or their agent about any defect that could be a threat to safety. For more information on reporting safety issues, see Moveable Dwelling Guide or www.consumer.vic.gov.au/renting.

5.     Correcting a condition report —Tenants may not be able to see if all of the items in the condition report are working when they fill in the report. If they subsequently find that something is not working or in poor repair, tenants may apply to VCAT to correct the report. This must be done within 30 days after the start date of the agreement. VCAT may order that the condition report be amended.

6.     At the end of the Part 4A site agreement —At the end of the Part 4A site agreement, the site owner or their agent must:

              •     complete the final inspection and fill in the condition report within 10 days after the end date of the agreement and give the site tenant an opportunity to attend the inspection if possible.

              •     allow for fair wear and tear as this does not count as damage caused by the site tenant.

PART A—PARTY DETAILS

7     Date of condition report [ insert date the *site owner/*agent has prepared Parts A, B and C of this report ]

8.     Address of site [ insert address of site ]

9.     Site owner's details [ insert full name of site owner ]

10.     * Agent's details [ insert full name/company name of an agent representing the site owner ]

11.     Site tenant's details [ insert full name of site tenant ]

Each site tenant that is a party to this specific site agreement should sign this condition report.

Note : Site owners, their agents and site tenants should take photos of the site. They should be taken close-up to show the detail regarding the structure, fixtures or fittings being photographed and at a distance for perspective. Photos should be dated, labelled and attached to this condition report, in hard copy or electronically; they should identify the location. Photos may be useful in a dispute about the condition of the site.

PART B—START OF SITE AGREEMENT CONDITION REPORT

The site owner or their agent must list each feature of the site including any appliances, fixtures or fittings supplied on or with the site.

The *site owner/ *agent must provide instructions to the site tenant to:

              •     indicate if the site tenant agrees or disagrees with the site owner's or their agent's assessment; and

              •     provide comments against each item if the site tenant disagrees or considers that something is unsafe or wants to add more details; and

              •         provide any photos taken by the site tenant to support the site tenant's assessment.

For each feature, appliance, fixture or fitting, the site owner or their agent must leave adequate space for the site tenant to—

              •     agree or disagree with the site owner's or their agent's assessment of the item; and

              •     provide comments on each item; and

              •     provide photos in relation to each item.

For each feature, appliance, fixture or fitting, the site owner or their agent must note whether the item is clean, undamaged, and working.

For each feature, appliance, fixture or fitting, the site owner or their agent may include additional comments or photos in relation to the state of the item. If they are unable to test whether a particular appliance is in working order, for example, due to an absence of electricity, they should write 'unable to assess'.

PART C—SIGNATURES

* Site owner/ * agent    

12.     *Signature of *site owner/*agent [ insert signature of * site owner/ * agent ]

    Date [ insert date of signing ]

Site tenant

13.     Note : Any tenant who is a party to the site agreement must sign this report.

    I have read the *site owner's/*agent's report and agree except where I have commented in Part B of this report.

    Signature of site tenant [ insert signature of site tenant ]

    Date [ insert date of signing ]

Insert the signatures of any additional site tenants and the date of signing on this page, or at the back of the condition report.

Note : Site tenants should return one copy to the site owner and keep the other copy in a safe place.

PART D—END OF SITE AGREEMENT CONDITION REPORT

14.     Date of condition report [ insert date the *site owner/*agent has prepared Part D of this report ]

15.     This part of the report is to be completed by the site owner or their agent within 10 days after the end of the agreement.

16.     The site owner or their agent must complete this part of the condition report in the presence of the site tenant, or give the site tenant a reasonable opportunity to be present when it is completed.

The site owner or their agent must list each feature of the caravan or site and any appliances, fixtures or fittings supplied on or with the site, including any that are listed in the agreement under Part B .

For each feature, appliance, fixture or fitting supplied on or with the site, the site owner or their agent must note whether the item is clean, undamaged, and in working condition. If the status of any feature, appliance, fixture or fitting has changed, the site owner or agent is advised to make a comment and take pictures.

*Delete if not applicable.

Tick as applicable.

FORM 20

Residential Tenancies Act 1997
(Section 206SA(5))

(Regulation 80)

NOTICE OF SITE RENT INCREASE—FIXED AMOUNT

1.     The site owner of a Part 4A site must use this form to notify the site tenant (tenant) of a rent increase. This form applies where the parties have a site agreement that allows the rent to be increased by a fixed amount. For example, the agreement may provide for a rent increase of 2% each year.

PART A—INFORMATION FOR THE TENANT

2.     The site owner must give the tenant at least 28 days notice of any rent increase.

The site owner must not increase the rent more than once every 12 months.

PART B—DETAILS

3.     Address of site [ insert site address ]

4.     Tenant's details

This notice is given to [ insert tenant's name ]

Include the names of all tenants that are a party to the site agreement.

5.     Site owner details

Name of site owner [ insert site owner's name—cannot be the agent's name ]

6.     Address of site owner for the purpose of serving documents [ insert site owner's address—can be the agent's address ]

7.     Contact details of site owner or agent

Business hours [ insert telephone number ]

After hours [ insert telephone number ]

Email address [ insert email address ]

8.     Rent increase    

I intend to increase the rent as follows—

Current rent amount ($) [ insert rent ] per *week/*fortnight/*calendar month

New rent amount ($) [ insert rent ] per *week/*fortnight/*calendar month

Start date [ insert start date ]

Method used to calculate rent increase [ insert method used to calculate rent increase based on the method indicated in the site agreement ]

9.     Delivery of this notice

This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the tenant)

Tenant's postal or email address [ insert postal or email address ]

*Delete if not applicable.

Tick as applicable.

FORM 21

Residential Tenancies Act 1997
(Section 206V(1))

(Regulation 82)

NOTICE OF PROPOSED SITE RENT INCREASE—NON‑FIXED AMOUNT

1.     The site owner must use this form to notify the site tenant (the tenant) of a proposed rent increase. This form applies where the parties have a site agreement that does not specify a fixed increase, or where a new site agreement is proposed.

INFORMATION FOR THE TENANT

2.     The site owner must give you at least 60 days notice of a proposed rent increase by a non-fixed amount.

This notice may only provide for one rent increase.

The notice must include the method by which the rent increase was calculated. The rent increase cannot be greater than the amount calculated using this method.

The site owner must not increase the rent more than once every 12 months.

Challenging a rent increase

3.     You may apply to the Director of Consumer Affairs Victoria to review the proposed increase if you consider it to be excessive. This is free. You may apply by filling in the section 'Rent increase investigation' (below) and giving a copy to Consumer Affairs Victoria. An application must be made in writing within 30 days after the notice is given.
The Director will then investigate the increase and provide a report.

4.     You may also apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order declaring the proposed rent amount to be excessive. This application must be made within 30 days after receiving the Director's report. You will need to pay the increased rent amount from the date provided on this notice or 110% of the rent immediately before the rent increase (whichever is lower) until VCAT decides otherwise.

Note : you will need to satisfy VCAT that you have reasonable grounds to apply.

5.     For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call
1300 55 81 81.

DETAILS

6.     Address of site [ insert address ]

7.     Tenant's details

This notice is given to [ insert tenant's name ]

Include the names of all tenants that are a party to the site agreement.

8.     Site owner details

Name of site owner [ insert site owner's name—cannot be the agent's name ]

9.     Address of site owner for the purpose of serving documents [ insert site owner's address—can be the agent's address ]

10.     Contact details of site owner or agent

Business hours [ insert telephone number ]

After hours [ insert telephone number ]

Email address [ insert email address ]

11.     Proposed rent increase    

I intend to increase the rent as follows—

Current rent amount ($) [ insert rent ] per *week/*fortnight/*calendar month

New rent amount ($) [ insert rent ] per *week/*fortnight/*calendar month

Start date [ insert start date ]    

Method used to calculate rent increase [ insert method, for example 'Consumer Price Index', used to calculate rent increase . Provide details of the process and calculation used to reach new rent amount ]

12.     Delivery of this notice

This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the tenant)

Tenant's postal or email address [ insert postal or email address ]

13.         Rent increase investigation—for tenants

A request for investigation by the Director of Consumer Affairs Victoria must be made in writing.

You may apply for an investigation by ticking the box below, writing your daytime telephone number and posting a copy of this form to Director of Consumer Affairs Victoria, GPO Box 123 Melbourne 3001, or by emailing it to renting@justice.vic.gov.au

After your request has been received, a Residential Tenancies Inspector will contact you.

Yes, *I/*we the site tenant/s wish to apply for a rent increase investigation.    

Tenant daytime telephone number [ insert telephone number ]

*Delete if not applicable.

Tick as applicable.

FORM 22

Residential Tenancies Act 1997
(Section 207ZK(a))

(Regulation 89)

NOTICE TO VACATE TO PART 4A SITE TENANT

INFORMATION FOR PART 4A SITE TENANTS

1.     This is a notice to vacate. It tells you that the site owner wants you to move out on a certain date. You can find details of this date in clause 8 'Termination date', below.

2.     Challenging this notice —You may be able to challenge this notice at the Victorian Civil and Administrative Tribunal (VCAT). Reasons to challenge notices to vacate include—

              •     you believe you were given this notice due to unlawful discrimination or because you tried to exercise your rights as a site tenant; or

              •     you believe it was not given to you properly; or

              •     you disagree with the reason given or the information in the form is incorrect or incomplete; or

              •     you have experienced family or personal violence and this caused the behaviour listed in the notice to vacate, in which case, you should apply to VCAT within 30 days after the notice has been given.

Specific timeframes may apply to certain reasons to challenge a notice. You may also challenge the validity of the notice if the site owner applies to VCAT for a possession order.

You should seek advice if you are considering challenging a notice to vacate.

3.     Possession orders and warrants —Site owners or mortgagees must give you the appropriate notice to vacate before they apply to VCAT for a possession order.

If you do not vacate on the date stated in the notice, the site owner or mortgagee may apply to VCAT asking for an order requiring you to leave (also known as a possession order). VCAT will notify you of the hearing date for this application so that you can attend. You are encouraged to attend the hearing.

At the hearing, VCAT decides whether the site owner or mortgagee was entitled to give you a notice to vacate. VCAT will make a possession order if it is satisfied that it is reasonable and proportionate to do so. VCAT may consider whether the notice to vacate was given in response to the act of a person who has subjected you to family or personal violence.

VCAT decides if you must leave the site and on what date that should occur. You may ask for more time on the site if you will be in hardship.

Site owners or mortgagees cannot personally use force to remove you if you refuse to leave the property. Only Victoria Police can carry out a forcible eviction, and only when they are acting on a VCAT order (a warrant for possession).

4.     Seeking advice —If you think you have grounds to challenge a notice to vacate at VCAT you should seek advice immediately by contacting one of the community legal organisations listed on the Consumer Affairs Victoria website. For further information visit the renting section of the Consumer Affairs Victoria website at consumer.vic.gov.au/renting or call 1300 558 181.

NOTICE

5.     Address of site [ insert address of site ]

6.     Site tenant details [ insert full name of each site tenant ]

7.     *Site owner's/*mortgagee's details

I am giving you this notice as—

the site owner

the mortgagee of the park

the land owner, who is not the site owner

Full name of *site owner/*mortgagee/*land owner (this cannot be the agent's name) [ insert *site owner's/*mortgagee's/ * land owner's full name ]

*Site owner's/*mortgagee's/*land owner's address for serving documents (this can be the agent's address) [ insert *site owner's/*mortgagee's/ * land owner's address ]

Contact details

Business hours [ insert contact telephone number ]

After hours [ insert contact telephone number ]

Email address [ insert email address ]

8.         Termination date

The termination date must allow for—

              •     the minimum notice required under the Residential Tenancies Act 1997 (the Act); and

              •     the proposed method of delivery and the date the site tenant is expected to receive the notice.

The minimum number of days notice required under the Act is [ insert minimum number of days ].

I request that you vacate on or before the following termination date [ insert termination date ].

If you want to challenge this notice you should seek legal advice as soon as possible.

9.     Reason for notice

I am giving you this notice for the following reason—

[ Insert the relevant reason, section number of the Act. The site owner, mortgagee or land owner must also explain why the notice has been given. It is not enough to quote from the reasons on the information sheet; this must be accompanied by specific details. VCAT may find a notice to vacate invalid where it does not provide enough details or, where required by the Act, if it is not accompanied by the form of documentary evidence approved by the Director of Consumer Affairs Victoria. ]

Is documentary evidence attached?

no

yes

Please provide details of the evidence attached [ insert details of the evidence attached ]

10.     Delivery of this notice

This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the site tenant)

Site tenant's postal or email address [ insert postal or email address ]

11.     Signature of *site owner/*mortgagee/*land owner/*agent

Signature of *site owner/*mortgagee/*land owner/*agent [ insert signature of *site owner/*mortgagee/*land owner/*agent ]

Name of *site owner/*mortgagee/*land owner/*agent [ insert name of *site owner/*mortgagee/*land owner/*agent ]

Date of notice [ insert date notice is issued ]

*Delete if not applicable.

Tick as applicable.

FORM 23

Residential Tenancies Act 1997
(Section 361(b))

(Regulation 91)

SHERIFF'S NOTICE OF RETAINED PERSONAL DOCUMENTS

1.     The personal documents described below—

    [ insert description of personal documents ]

    which were left by [ insert name of former resident ]

    in a caravan at [ insert name and address of caravan park ]

    are being stored by the Sheriff at [ insert Sheriff's storage address ]

    for a period of 90 days from     [ insert date ].

2.     It is intended to dispose of the personal documents at the end of this 90‑day storage period.

3.     A former resident, or any other person who gives satisfactory evidence of a right to the documents, may reclaim these documents before they are disposed of. To do so, a person must pay to the Sheriff any reasonable costs involved in removing and storing these documents; and publishing this notice.

4.     Persons wishing to claim documents may contact one of the community legal organisations listed on the Consumer Affairs Victoria website at consumer.vic.gov.au/renting for advice or assistance.

FORM 24

Residential Tenancies Act 1997
(Section 368(3))

(Regulation 92)

NOTICE TO LEAVE TO RESIDENT OF MANAGED PREMISES OR RESIDENT'S VISITOR

PART A—INFORMATION FOR THE RESIDENT/VISITOR

If you are a resident

1.     This notice suspends your right to live in the managed premises.

After receiving this notice, you must leave the premises immediately.

It is an offence for you or your visitor to fail to leave the property, or return to the property, during the suspension (see sections 369 and 372 of the Residential Tenancies Act 1997 (the Act)).

You may arrange with the manager of the managed premises for someone to collect your personal items from the premises. This includes things you might need during the suspension, such as food, clothing and medicine, or evidence for a VCAT hearing.

2.     When you may return

If the manager does not apply to the Victorian Civil and Administrative Tribunal (VCAT), you may return at the end of 2 business days from the date of this notice, which is: [ insert date that suspension ends ] This date cannot be more than 2 business days from the date of this form.

If the manager applies to VCAT you must not return until after VCAT hears and decides that application.

3.     You are required to pay rent for the duration of the suspension unless VCAT finds that you should not have been given this notice. If that happens, any rent you pay during the suspension must be reimbursed to you in addition to reasonable expenses you incur during the suspension.

4.     If you receive this notice, you should contact VCAT on 1300 018 228 to determine whether an application to VCAT to terminate your residency has been made.

Attending your VCAT hearing

5.     If the manager of the premises applies to VCAT for an order terminating your residency, it is important that you attend your hearing and get legal advice.

6.     VCAT cannot make an order terminating your residency unless it determines that it is reasonable and proportionate to do so, having regard to all of the circumstances. You might be able to find a lawyer to represent you at this hearing (see Getting Help).

Getting Help

7.     Consumer Affairs Victoria may provide you with more information about protecting your rights by calling 1300 558 181. You may also seek legal advice and representation from one of the community legal organisations listed on the Consumer Affairs Victoria website. For further information visit the renting section of the Consumer Affairs Victoria website consumer.vic.gov.au/renting.

If you require crisis accommodation, call the 24-hour statewide toll free number 1800 825 955 for assistance.

If you are a visitor who is given this notice

8.     It is an offence—

              •     to remain on the premises after being given the notice
(section 369 of the Act); or

              •     to enter or re-enter the premises while the suspension is in force (section 372 of the Act).

PART B—INFORMATION FOR THE MANAGER

9.     The manager of a managed premises must use this form to instruct the resident of a managed premises or the resident's visitor to leave.

10.     The definition of manager includes residential rental provider, rooming house owner, caravan park owner and Part 4A park owner.

11.     The manager must only give this form if they have reasonable grounds to believe that the resident or visitor has committed a serious act of violence on the premises or the safety of any person on the managed premises has been endangered or that the resident has caused, counselled or permitted their visitor to do the same.

12.     It is an offence to give this notice without reasonable grounds.

13.     This form must be given as soon as it is safe to do so.

14.     This notice cannot be given if a notice to vacate has already been given under sections 91ZJ, 142ZC, 206AR or 207X of the Act in respect of the same act or omission.

15.     The manager must not give the resident this notice for the actions of their visitor in instances of family violence (i.e. where the violence or threat to safety is family violence and the visitor is a family member of the resident).

16.     The manager may apply to VCAT for an order to terminate the residency right or site agreement before the end of 2 days after the suspension.

PART C—NOTICE

17.     This notice is given to        

    the resident

    †     the resident's visitor

18.     Address of managed premises at [ insert address ]

19.     Name of *resident/*visitor [ insert name of resident/visitor ]

20.     *Resident/*visitor address (if known)     [ insert address ]

21.     Address for service of documents [ insert address for service of documents ]

22.     Contact details

Business hours [ insert business hours phone number of resident/visitor ]

After hours [ insert after hours phone number of resident/visitor ]

Email address [ insert email address of resident/visitor ]

23.     Name of manager     [ insert name of manager ]

24.     Address for service of documents [ insert address for service of documents ]

25.     Contact details

Business hours [ insert business hours phone number of manager ]

After hours [ insert after hours phone number of manager ]

Email address [ insert email address of manager ]

Reason to leave

26.     As the manager I give you notice to leave the premises immediately because I have reasonable grounds to believe that—

you have committed a serious act of violence on these premises;

you have placed another person on the premises in danger;

you have caused, counselled or permitted your visitor to commit a serious act or violence on the premises;

you have caused, counselled or permitted your visitor to commit an act that has placed another person on the premises in danger.

27.     Further details [ manager to insert a brief explanation of the reason for giving this notice ]

28.     I will give written notice to the Principal Registrar of VCAT of the fact that I have issued a notice to leave by the end of the next business day after I give you this notice.

Delivery of this notice

29.     This notice has been sent on [ insert date notice sent ]—

personally, for example by hand

by registered post Expected delivery time [insert expected delivery time ]

by email (if consent has been provided by the resident/visitor)

30.     Signature of manager [ insert signature of manager ]

31.     Date of notice [ insert date ]

*Delete if not applicable.

Tick as applicable.

FORM 25

Residential Tenancies Act 1997
(Section 505B)

(Regulation 97(1))

NOTICE OF FORMAL AFFILIATION OF PREMISES WITH SCHOOL OR INSTITUTION PROVIDING EDUCATION AND TRAINING

TAKE NOTICE THAT under section 21(1) of the Residential Tenancies Act 1997 (the Act) the residential premises at [ insert address of premises ]

are formally affiliated with [ insert name of school or institution ].

AND FURTHER TAKE NOTICE THAT the provisions of the Act do not apply to a residential rental agreement or room in respect of the residential premises.

[ insert name of school council/governing body ]

*school council/governing body of

*school/institution

[ insert dat e]

*Delete if not applicable.

Schedule 2—Criteria to be considered by school or institution before entering affiliation agreement

Regulation 9

1.     Whether or not the owner or operator of the residential premises intends to provide any of the following services to persons accommodated in the premises—

        (a)     a tutorial system for residents to complement the teaching of the school or institution;

        (b)     pastoral care, chaplains, mentors, or counsellors;

        (c)     meals;

        (d)     opportunities for a range of social and cultural events and activities that students or staff may attend or participate in.

2.     Whether prospective persons to be accommodated in the residential premises are primarily—

        (a)     persons enrolled at the school or institution; or

        (b)     members of staff of the school or institution.

3.     Whether the owner or operator of the residential premises intends to provide residents with a written statement, before they sign an agreement for accommodation in the premises, outlining the facilities and the services that are included in the amount to be paid to the owner or operator for accommodation.

4.     Whether the owner or operator of the residential premises intends to have available in written form and for inspection on the premises to residents at no charge, the current terms and conditions for occupancy relating, but not limited, to the following matters—

        (a)     the amount paid by residents for accommodation including facilities and services;

        (b)     increases in amounts paid for accommodation;

        (c)     the payments of any bonds or deposits relating to accommodation;

        (d)     repairs to the premises;

        (e)     termination of the agreement for accommodation.

5.     Whether the owner or operator of the residential premises intends to have a written agreement for accommodation with every resident on the premises, which includes the terms and conditions of occupancy.

6.     Whether, on signing an agreement for accommodation, the owner or operator of the residential premises intends to provide every resident with a package of written information containing—

        (a)     the terms and conditions for occupancy including house rules; and

        (b)     general first aid information and any emergency evacuation plan; and

        (c)     any dispute resolution options and procedures; and

        (d)     information about any compliance monitoring system that reflects the criteria in this Schedule, including any website where results of compliance are published.

7.     In the case of a dispute between a resident and the owner or operator of the residential premises, whether the owner or operator of the residential premises—

        (a)     has a system for responding to complaints by residents that is timely, treats residents with respect and ensures that residents have an opportunity to be heard in relation to a dispute; and

        (b)     intends to refer a dispute that cannot be resolved to an external dispute resolution service.

8.     Whether the owner or operator of the residential premises has an emergency evacuation plan for the premises and has displayed the plan on the back of every door and in all common areas in the premises.

9.     Whether the owner or operator of the residential premises has a compliance monitoring system in place that reflects the criteria in this Schedule.



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