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This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL TENANCIES AMENDMENT (HOUSING STANDARDS) BILL 2009

                PARLIAMENT OF VICTORIA

      Residential Tenancies Amendment (Housing
                  Standards) Bill 2009



                      TABLE OF PROVISIONS
Clause                                                                   Page
  1      Purpose                                                            1
  2      Commencement                                                       1
  3      Definitions                                                        2
  4      Section 69 substituted                                             2
         69       Landlord must ensure replacement water appliances
                  have required rating                                        2
  5      New Division 5A inserted--rented premises                            2
         Division 5A--Minimum housing standards--rented premises              2
         71A     Premises to comply with prescribed minimum housing
                 standards                                                    2
         71B     Director may investigate of own volition                     3
         71C     Application to Director to investigate whether premises
                 meet standards                                               3
         71D     Application to Tribunal in relation to minimum housing
                 standards                                                    4
         71E     What can the Tribunal order?                                 4
         71F     If the tenant has not entered into occupation                5
         71G     If the tenant has entered into occupation before landlord
                 is given notice or report                                    5
  6      Urgent repairs                                                       6
  7      New Division 5A inserted--rooming houses                             7
         Division 5A--Minimum housing standards--rooming houses               7
         128A    Rooming house to comply with prescribed minimum
                 housing standards                                            7
         128B    Director may investigate of own volition                     7
         128C    Application to Director to investigate whether rooming
                 house meets standards                                        8
         128D    Application to Tribunal in relation to minimum housing
                 standards                                                    8
         128E    What can the Tribunal order?                                 9
         128F    If the resident has not commenced occupancy of the
                 room                                                         9
         128G    If the resident has commenced occupancy before
                 rooming house owner is given notice or report               10


561PM15B.I-2/6/2009                    i       BILL LC INTRODUCTION 2/6/2009

 


 

Clause Page 8 Termination by tenant before possession 11 9 Failure of landlord to comply with Tribunal order 11 10 Rent Special Account 11 11 Regulations 12 12 Transitional provision 14 533 Transitional--Residential Tenancies Amendment (Housing Standards) Act 2009 14 13 Repeal of amending Act 14 ENDNOTES 15 561PM15B.I-2/6/2009 ii BILL LC INTRODUCTION 2/6/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Council by Mr Greg Barber Residential Tenancies Amendment (Housing Standards) Bill 2009 A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to the imposition of certain minimum housing standards and for other purposes. The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Residential Tenancies Act 1997 to enable the prescribing of minimum housing standards by 5 regulation. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 561PM15B.I-2/6/2009 1 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 3 3 Definitions See: In section 3(1) of the Residential Tenancies Act Act No. 109/1997. 1997 insert the following definition-- Reprint No. 5 as at "prescribed minimum housing standard means a 15 January 5 2009. standard prescribed under section 511;". LawToday: www. legislation. vic.gov.au 4 Section 69 substituted For section 69 of the Residential Tenancies Act 1997 substitute-- "69 Landlord must ensure replacement water 10 appliances have required rating A landlord must ensure that if an appliance, fitting or fixture provided by the landlord that uses or supplies water at the rented premises needs to be replaced, the 15 replacement has at least-- (a) an A rating; or (b) a prescribed rating-- whichever is the higher rating.". 5 New Division 5A inserted--rented premises 20 After Division 5 of Part 2 of the Residential Tenancies Act 1997 insert-- "Division 5A--Minimum housing standards-- rented premises 71A Premises to comply with prescribed 25 minimum housing standards (1) A landlord must ensure the rented premises comply with any prescribed minimum housing standard. 561PM15B.I-2/6/2009 2 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 5 (2) A tenant may give a written notice to a landlord stating that the rented premises do not comply with a prescribed minimum housing standard. 5 71B Director may investigate of own volition (1) The Director, of his or her own volition, may investigate whether a landlord has failed to ensure that rented premises comply with a prescribed minimum housing standard. 10 (2) If the Director is satisfied that the rented premises do not comply with the standard, the Director must-- (a) give a written report of his or her investigation to the tenant and landlord; 15 and (b) inform the tenant that the tenant may make an application to the Tribunal under section 71D. 71C Application to Director to investigate 20 whether premises meet standards (1) A tenant may apply in writing to the Director to investigate whether the landlord has failed to ensure that the rented premises comply with a prescribed minimum housing standard 25 if-- (a) the tenant has given the landlord a written notice under section 71A(2); and (b) the landlord has failed to ensure that the 30 rented premises comply with the relevant prescribed minimum housing standard within 28 days after being given the notice. 561PM15B.I-2/6/2009 3 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 5 (2) On an application under subsection (1), the Director-- (a) must investigate; and (b) may negotiate arrangements for 5 ensuring that the rented premises comply with the prescribed minimum housing standard, if the Director is satisfied that the premises do not comply with the standard; and 10 (c) must give a written report to the tenant within 28 days. 71D Application to Tribunal in relation to minimum housing standards (1) Within 60 days after receiving the report of 15 the Director under section 71B or 71C, a tenant may apply to the Tribunal for an order requiring the landlord to ensure that the rented premises comply with a specific prescribed minimum housing standard if the 20 tenant is of the view that satisfactory arrangements have not been made for complying with the standard. (2) A tenant may apply to the Tribunal for an order requiring the landlord to ensure that the 25 rented premises comply with a specified prescribed minimum housing standard without the report of the Director under section 71C if the tenant has not received that report within 90 days after the tenant 30 made an application under section 71C(1). 71E What can the Tribunal order? (1) On an application under section 71D, the Tribunal may make an order requiring the landlord to ensure that the rented premises 35 comply with a specified prescribed minimum housing standard. 561PM15B.I-2/6/2009 4 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 5 (2) An order under subsection (1) must specify the prescribed minimum housing standard and the time within which it must be complied with. 5 71F If the tenant has not entered into occupation (1) This section applies if-- (a) the tenant has not entered into occupation of the rented premises; and 10 (b) the premises do not comply with a prescribed minimum housing standard; and (c) a tenant has given the landlord a notice under section 71A(2) or the Director 15 has given the landlord a report under section 71B. (2) If this section applies, a tenant is not required-- (a) to enter into occupation of the rented 20 premises; and (b) to pay rent for the rented premises despite the tenancy agreement in respect of the period beginning on the agreed day on which the tenant would 25 otherwise have entered into occupation of the premises and ending on the day on which the tenant actually enters into occupation. 71G If the tenant has entered into occupation 30 before landlord is given notice or report (1) A tenant may apply to the Tribunal for an order authorising the tenant to pay the rent under the tenancy agreement into the Rent Special Account if the tenant has entered into 35 occupation of the rented premises and-- 561PM15B.I-2/6/2009 5 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 6 (a) the tenant has given a notice to the landlord under section 71A(2); or (b) the Director has given a report to the landlord under section 71B. 5 (2) The Tribunal may make an order authorising the tenant to pay the rent into the Rent Special Account if it is satisfied that-- (a) the tenant gave the landlord a notice under section 71A(2) or the Director 10 gave a report to the landlord under section 71B; and (b) the landlord has not ensured that the rented premises comply with the prescribed minimum housing standards 15 within 28 days after being given the notice or the report. (3) If an order is made under subsection (2), on application by the landlord, the Tribunal may order that the whole or such part of the rent 20 as the Tribunal may determine be paid to the landlord if the Tribunal is satisfied that the landlord has ensured or is ensuring that the rented premises comply with the relevant prescribed minimum housing standard.". 25 6 Urgent repairs In section 72(3) of the Residential Tenancies Act 1997, after "have an A rating" insert "or a rating prescribed under section 69(b), whichever is the higher rating". 561PM15B.I-2/6/2009 6 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 7 7 New Division 5A inserted--rooming houses After Division 5 of Part 3 of the Residential Tenancies Act 1997 insert-- "Division 5A--Minimum housing standards-- 5 rooming houses 128A Rooming house to comply with prescribed minimum housing standards (1) A rooming house owner must ensure the rooming house and the rooms comply with 10 any prescribed minimum housing standard. (2) A resident may give a written notice to a rooming house owner stating that the rooming house or a room does not comply with a prescribed minimum housing 15 standard. 128B Director may investigate of own volition (1) The Director, of his or her own volition, may investigate whether a rooming house owner has failed to ensure that the rooming house 20 or a room complies with a prescribed minimum housing standard. (2) If the Director is satisfied that the rooming house or a room does not comply with a prescribed minimum housing standard, the 25 Director must-- (a) give a written report of his or her investigation to the resident and the rooming house owner; and (b) inform the resident that the resident 30 may make an application to the Tribunal under section 128D. 561PM15B.I-2/6/2009 7 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 7 128C Application to Director to investigate whether rooming house meets standards (1) A resident may apply in writing to the Director to investigate whether the rooming 5 house owner has failed to ensure that the rooming house or a room complies with a prescribed minimum housing standard if-- (a) the resident has given the rooming house owner a written notice under 10 section 128A(2); and (b) the rooming house owner has failed to ensure that the rooming house or the room complies with the relevant prescribed minimum housing standard 15 within 28 days after being given the notice. (2) On an application under subsection (1), the Director-- (a) must investigate; and 20 (b) may negotiate arrangements for ensuring that the rooming house or a room complies with the prescribed minimum housing standard, if the Director is satisfied that the rooming 25 house or the room does not comply with the standard; and (c) must give a written report to the resident within 28 days. 128D Application to Tribunal in relation to 30 minimum housing standards (1) Within 60 days after receiving the report of the Director under section 128B or 128C, a resident may apply to the Tribunal for an order requiring the rooming house owner to 35 ensure that the rooming house or a room 561PM15B.I-2/6/2009 8 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 7 complies with a specific prescribed minimum housing standard if the resident is of the view that satisfactory arrangements have not been made for complying with the 5 standard. (2) A resident may apply to the Tribunal for an order requiring the rooming house owner to ensure that the rooming house or a room complies with a specified prescribed 10 minimum housing standard without the report of the Director under section 128C if the resident has not received that report within 90 days after the resident made an application under section 128C(1). 15 128E What can the Tribunal order? (1) On an application under section 128D, the Tribunal may make an order requiring the rooming house owner to ensure that the rooming house or the room complies with a 20 specified prescribed minimum housing standard. (2) An order under subsection (1) must specify the prescribed minimum housing standard and the time within which it must be 25 complied with. 128F If the resident has not commenced occupancy of the room (1) This section applies if-- (a) a resident has not commenced 30 occupancy of the room; and (b) the rooming house or the room does not comply with a prescribed minimum housing standard; and 561PM15B.I-2/6/2009 9 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 7 (c) the resident has given the rooming house owner a notice under section 128A(2) or the Director has given the rooming house owner a report under 5 section 128B. (2) If this section applies, the resident is not required-- (a) to commence occupancy of the room; and 10 (b) to pay rent despite section 112 in respect of the period beginning on the agreed day on which the resident would have commenced occupancy and ending on the day on which the resident 15 actually commences occupancy. 128G If the resident has commenced occupancy before rooming house owner is given notice or report (1) A resident may apply to the Tribunal for an 20 order authorising the resident to pay the rent into the Rent Special Account if the resident has commenced occupancy of the room and-- (a) the resident has given a notice to the 25 rooming house owner under section 128A(2); or (b) the Director has given a report to the rooming house owner under section 128B. 30 (2) The Tribunal may make an order authorising the resident to pay the rent into the Rent Special Account if it is satisfied that-- (a) the resident gave the rooming house owner a notice under section 128A(2) 35 or the Director gave a report to the 561PM15B.I-2/6/2009 10 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 8 rooming house owner under section 128B; and (b) the rooming house owner has not ensured that the rooming house or the 5 room complies with the prescribed minimum housing standards within 28 days after being given the notice or the report. (3) If an order is made under subsection (2), on 10 application by the rooming house owner, the Tribunal may order that the whole or such part of the rent as the Tribunal may determine be paid to the rooming house owner if the Tribunal is satisfied that the 15 rooming house owner has ensured or is ensuring that the rooming house or the room complies with the relevant prescribed minimum housing standard.". 8 Termination by tenant before possession 20 After section 226(a) of the Residential Tenancies Act 1997 insert-- "(ab) do not comply with a prescribed minimum housing standard; or". 9 Failure of landlord to comply with Tribunal order 25 In section 239(1) of the Residential Tenancies Act 1997 after "under" insert "section 71E or". 10 Rent Special Account In section 485(3) of the Residential Tenancies Act 1997, for "section 77, 134 or 193" substitute 30 "section 71G, 77, 128G, 134 or 193". 561PM15B.I-2/6/2009 11 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 11 11 Regulations (1) After section 511(1)(d) of the Residential Tenancies Act 1997 insert-- "(e) minimum housing standards for rented 5 premises in relation to matters including, but not limited to-- (i) sanitation, drainage, cleanliness and repair of premises; (ii) ventilation, insulation and heating; 10 (iii) protection from damp; (iv) construction, condition, structures, safety and situation of premises; (v) the dimensions, cubical extent and height of rooms in the premises; 15 (vi) security; (vii) provision of water supply, storage and sanitary facilities; (viii) laundry and cooking facilities; (ix) lighting; 20 (x) freedom from vermin infestation; (xi) energy efficiency; (ea) minimum housing standards for rooming houses and rooms in relation to matters including, but not limited to-- 25 (i) sanitation, drainage, cleanliness and repair of rooming houses; (ii) ventilation, insulation and heating; (iii) protection from damp; (iv) construction, condition, structures, 30 safety and situation of rooming houses; 561PM15B.I-2/6/2009 12 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 11 (v) the dimensions, cubical extent and height of rooms in the rooming houses; (vi) security; (vii) provision of water supply, storage and 5 sanitary facilities; (viii) laundry and cooking facilities; (ix) lighting; (x) freedom from vermin infestation; (xi) energy efficiency;". 10 (2) After section 511(1) of the Residential Tenancies Act 1997 insert-- "(2) If a regulation made under subsection (1)(e) or (1)(ea) makes provision in relation to a matter and provision that is also made in 15 relation to that matter by, or under, any other Act or regulation, the regulation made under subsection (1)(e) or (1)(ea), as the case may be-- (a) if not inconsistent with that other Act or 20 regulation, must be observed in addition to that other Act or regulation; and (b) if inconsistent with that other Act or regulation, is, to the extent of the 25 inconsistency, of no force or effect and that other Act or regulation prevails. (2A) A regulation made under subsection (1)(e) or (1)(ea) is subject to disallowance by a House of the Parliament. 30 Note See section 23 of the Subordinate Legislation Act 1994.". 561PM15B.I-2/6/2009 13 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 s. 12 12 Transitional provision After section 532 of the Residential Tenancies Act 1997 insert-- "533 Transitional--Residential Tenancies 5 Amendment (Housing Standards) Act 2009 The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an 10 application or savings nature, arising as a result of the enactment of the Residential Tenancies Amendment (Housing Standards) Act 2009.". 13 Repeal of amending Act 15 This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the 20 Interpretation of Legislation Act 1984). 561PM15B.I-2/6/2009 14 BILL LC INTRODUCTION 2/6/2009

 


 

Residential Tenancies Amendment (Housing Standards) Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561PM15B.I-2/6/2009 15 BILL LC INTRODUCTION 2/6/2009

 


 

 


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