Victorian Numbered Acts Victorian Numbered ActsAfter Division 1 of Part 3 of the Principal Act insert —
(1) A rooming house owner must not increase the room capacity of a room that is occupied by one or more residents unless—
(a) the rooming house owner has first given each existing resident of the room notice of the proposed increase in accordance with section 94C; and
(b) each existing resident of the room has consented to that increase in room capacity in accordance with section 94D; and
(c) each consent has taken effect.
Penalty: 5 penalty units.
(2) If a resident who has an exclusive occupancy right consents under section 94D to an increase in room capacity, that residency right becomes a shared room right when that consent takes effect.
(1) A notice given by a rooming house owner under section 94B must—
(a) be in writing in a form approved by the Director; and
(b) state the date on which it is given; and
(c) state that it is given under section 94B; and
(d) state that the rooming house owner is seeking the consent of the resident to increase the room capacity of the room; and
(e) specify the total number of people who are proposed to be accommodated in the room; and
(f) state that if the resident consents to the increased room capacity of the room—
(i) the resident will not be notified before another resident takes up occupancy of the room; and
(ii) the rooming house owner will choose the other residents who will be permitted to take up occupancy of the room; and
(g) state the existing rent paid by the resident; and
(h) state the new reduced rent that will be payable by the resident if the resident consents to the increase in the room capacity of the room; and
(i) state that any consent of the resident must be in writing; and
(j) state that the resident may withdraw that consent at any time within the period of 3 days following the giving of the consent; and
(k) state that if consent is given, the consent will take effect at the end of the period of 7 days after—
(i) if there is only one resident of the room, the consent is given; or
(ii) if there is more than one resident of the room, the consent of the last resident is given; and
(l) state that when the consent takes effect—
(i) the increase in room capacity also takes effect; and
(ii) the new reduced rent also takes effect.
(2) A notice given by the rooming house owner under section 94B ceases to have effect 14 days after it is given.
(3) A notice given by a rooming house owner under section 94B is invalid if—
(a) it fails to state the new reduced rent payable by the resident or otherwise fails to comply with sub-section (1); or
(b) the proposed room capacity of the room will exceed the number of persons permitted by law to be accommodated in the room.
(1) A resident who receives a notice under section 94B may consent to the increase in room capacity.
(2) A consent must—
(a) be in writing; and
(b) must specify the increased room capacity to which consent is given; and
(c) be signed by the resident; and
(d) be dated with the date of signing.
(3) A resident may withdraw a consent he or she gives under this section by giving written notice of that withdrawal to the rooming house owner within 3 days after the consent is given.
(4) A consent under this section to an increase in the room capacity of a room does not take effect until the end of the period of 7 days after—
(a) if there is only one resident of the room, the consent is given; or
(b) if there is more than one resident of the room, the consent of the last resident is given.
(5) A consent under this section is of no effect if the notice under section 94B is invalid.".