Victorian Numbered Acts Victorian Numbered ActsFor sections 528, 529, 530 and 531 of the Principal Act substitute —
In this Part "2005 Act" means the Residential Tenancies (Further Amendment) Act 2005 .
If a room in a rooming house is occupied by one or more residents at the date of commencement of section 31 of the 2005 Act, the rooming house owner must not, before the date of commencement of section 9 of the 2005 Act, increase the number of persons who occupy the room.
Penalty: 10 penalty units.
(1) If a room in a rooming house has more than one resident at the date of commencement of section 31 of the 2005 Act—
(a) each of those residents is deemed to have a shared room right in respect of that room; and
(b) a resident (the new resident ) who, before the date of commencement of section 9 of the 2005 Act, takes the place of a resident in that room is deemed to have a shared room right in respect of that room if there is an existing resident with a shared room right occupying that room when the new resident takes up occupation.
Example
J and K share a room in a rooming house at the date of commencement of section 31 of the 2005 Act. The rooming house owner had chosen separately each person who was to occupy the room. J and K each have a shared room right. If K moves out and L takes up occupancy of the room before the date of commencement of section 9 of the 2005 Act, J and L each have a shared room right.
(2) Sub-section (1) does not apply to 2 or more residents who have exclusive occupancy of a room in a rooming house at the date of commencement of section 31 of the 2005 Act.
Example
L and M are domestic partners. They are the sole occupants of the room at the date of commencement of section 31 of the 2005 Act. They had agreed with the rooming house owner before that date that they should have exclusive occupancy of the room. L and M each have an exclusive occupancy right.
(3) Except as provided by sub-section (1), a resident of a rooming house on the date of commencement of section 31 of the 2005 Act is deemed to have an exclusive occupancy right in respect of that room.
(1) A rooming house owner must within 14 days after the date of commencement of section 9 of the 2005 Act give to each resident of the rooming house who under section 530 is deemed to have a shared room right a notice in accordance with sub-section (2).
Penalty: 5 penalty units.
(2) The notice must—
(a) be in writing in a form approved by the Director; and
(b) state the date on which it is given; and
(c) state that it is given in accordance with this section; and
(d) specify that the residency right of the resident is a shared room right; and
(e) specify the total number of people who, in accordance with section 529, could be accommodated in the room at the date of commencement of section 9 of the 2005 Act; and
(f) state that the room capacity of the room set out in paragraph (e) cannot be increased without the consent of the resident in accordance with section 94D of the Act; and
(g) state that if there is any vacancy in the room capacity set out in paragraph (e)—
(i) the resident will not be notified before another resident takes up occupancy of the room; and
(ii) the rooming house owner will choose the other residents who will be permitted to take up occupancy of the room; and
(h) specify the rent payable by the resident for the shared room right and the rent that would have been payable by the resident if the right had been an exclusive occupancy right.
(3) A rooming house owner is not required to give a notice to a resident under this section if the rooming house owner gives a notice under section 94B to the resident within 14 days after the date of commencement of section 9 of the 2005 Act.'.
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