RESIDENTIAL TENANCIES ACT 1997

Victorian Current Acts

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RESIDENTIAL TENANCIES ACT 1997

TABLE OF PROVISIONS

PART 1--PRELIMINARY

Division 1--Introductory provisions

1. Purposes
2. Commencement
3. Definitions
4. Act binds the Crown

Division 2--Application of Act to tenancy agreements, rooming houses and site agreements

5. Application of Act to assignees and transferees
7. Premises used primarily as a residence
8. Premises connected to premises used for trade or business
9. Principal place of residence
10. Premises used for holidays
11. Farming and grazing
12. Contracts of employment
13. Contracts of sale or mortgages
14. Prescribed premises and prescribed agreements
15. Certain provisions not to apply to tenancy agreements
17. Room used by owner or owner's family or employees
18. Self-contained apartments
19. Minister may declare building to be a rooming house
20. Hotels and motels
21. Educational institutions
22. Temporary crisis accommodation
23. Health or residential services
23A. Application of Act to assignees and transferees
23B. Site agreements exceeding 5 years
23C. Part 4A site used under contract of employment
23D. Part 4A site used primarily as a residence
23E. Part 4A site used for holidays
23F. Prescribed Part 4A sites and prescribed site agreements
23G. Certain provisions not to apply to site agreements

Division 3--Exemptions by Tribunal

24. Application for exemption
25. Order of Tribunal

PART 2--RESIDENTIAL TENANCIES--TENANCY AGREEMENTS

Division 1--General requirements for tenancy agreements

26. Tenancy agreements to be in standard form
26A. Offence to include prescribed prohibited term in tenancy agreement for fixed term of more than 5 years
27. Invalid terms
27A. Additional term in fixed term tenancy agreement for more than 5 years
28. Harsh and unconscionable terms
29. Copy of agreement to be made available to tenant
30. Tenants with children

Division 2--Bonds

31. What is the maximum bond?
32. Application to increase maximum amount of bond
33. Tribunal may determine maximum bond
34. Not more than 1 bond is payable in respect of continuous occupation
34A. Additional amount of bond proportionate with rent increase
34B. Tenant may apply to VCAT to vary additional amount of bond
35. Condition report
36. Condition report is evidence of state of repair
37. Certain guarantees prohibited
38. Maximum amount of certain guarantees

Division 3--Rents

39. Accrual of rent
40. Limit on rent in advance
41. Rent in advance under weekly tenancy agreement
42. Where and how is rent to be paid?
43. Receipts for rent
44. How much notice of rent increase is required?
45. Tenant may complain to Director about excessive rent
46. Application to Tribunal about excessive rent
47. What can the Tribunal order?
48. Tribunal can order refund of rent
49. Tenant's goods not to be taken for rent

Division 4--Other charges

50. Application and holding deposits
51. Certain charges prohibited
52. Tenant's liability for various utility charges
53. Landlord's liability for various utility charges
53AA. Agreements relating to installation of solar energy system
54. Landlord's liability for charges for supply to non‑complying appliances
55. Reimbursement
56. Landlord must not seek overpayment for utility charge
57. Director of Housing may impose service charge
58. Indemnity for taxes and rates

Division 5--General duties of tenants and landlords

59. Tenant must not use premises for illegal purpose
60. Tenant must not cause nuisance or interference
61. Tenant must avoid damage to premises or common areas
62. Tenant must give notice of damage
63. Tenant must keep rented premises clean
64. Tenant must not install fixtures etc. without consent
65. Landlord's duty in relation to provision of premises
66. Landlord must give tenant certain information
67. Quiet enjoyment
68. Landlord's duty to maintain premises
69. Landlord must ensure rating compliance for replacement water appliances
70. Locks
70A. Locks for rented premises the subject of an intervention order
71. Application to Tribunal to change locks without consent

Division 5B--Pets

71A. Tenant may keep a pet at rented premises with consent or Tribunal order
71B. Tenant's request for consent to keep pet on rented premises
71C. Landlord must not unreasonably refuse consent to keep a pet on rented premises
71D. Application to refuse consent to keep a pet on rented premises or exclude a pet from rented premises
71E. Tribunal orders—pets

Division 6--Repairs and maintenance

72. Urgent repairs
73. Application to Tribunal for urgent repairs
74. Application to Director to investigate need for non‑urgent repairs
75. Application to Tribunal for non-urgent repairs
76. What can the Tribunal order?
77. Payment of rent into Rent Special Account
78. Landlord may give tenant repair notice
79. Landlord may do repairs and tenant liable for costs
80. Declaration under Housing Act 1983 that house unfit for habitation

Division 7--Assignment and sub-letting

81. Assignment and sub-letting by a tenant
82. Tenant may apply to Tribunal
83. Director of Housing may withhold consent in certain circumstances
84. Landlord cannot ask for fee for giving consent

Division 8--Rights of entry

85. Entry of rented premises
86. Grounds for entry of rented premises
87. Manner of entry
88. What must be in a notice of entry?
89. Tenant has duty to permit entry
90. What if damage is caused during entry?
91. What if a person exercising right of entry fails to comply with Division?
91A. Offence relating to entering rented premises

PART 3--ROOMING HOUSES--RESIDENCY RIGHTS AND DUTIES

Division 1--Residency rights

92. Residency right
92A. Exclusive occupancy right
92B. Shared room right
92C. Notice to resident of residency right
93. Rights cannot be assigned
94. Power to enter tenancy agreements or other agreements
94A. Harsh and unconscionable terms

Division 1A--Shared room rights

94B. Consent required for increase in room capacity
94C. Notice of increase in room capacity
94D. Consent of resident to increased room capacity

Division 2--Bonds

95. Payment of bond
96. What is the maximum bond?
97. Condition report
98. Condition report is evidence of state of repair

Division 3--Rent

99. Limit on rent in advance
100. Receipts for rent
101. How much notice of rent increase is required?
102. Resident may complain to Director about excessive rent
102A. Director may investigate rent without application by resident
103. Application to Tribunal about excessive rent
104. What can the Tribunal order?
105. Payment of increased rent pending Tribunal decision
106. Rent must be reduced if services are reduced
106A. Rent must be reduced if room capacity increased
107. Resident's goods not to be taken for rent

Division 4--Other charges

108. Separately metered rooms
109. Schedule of services provided to be given to resident
109A. Director of Housing may impose service charge on resident

Division 5--General duties of residents and rooming house owners

110. Resident's use of room
111. Resident must not use room for illegal purposes
112. Resident's duty to pay rent
113. Quiet enjoyment—resident's duty
114. Resident must keep room in clean condition
115. Resident must not install fixtures without consent
116. Resident must notify owner of and compensate for damage
117. Resident must not keep pet without consent
118. Resident must give key to owner
119. Resident must observe house rules
120. Rooming house owner must keep room and house in good repair
120A. Rooming house owner must comply with rooming house standards
121. Rooming house owner must provide access
122. Quiet enjoyment—rooming house owner's duty
123. Security
124. Display of statement of rights and house rules
125. Owner to give additional information
126. House rules
127. Duties relating to house rules
128. What if house rules are thought to be unreasonable?

Division 6--Repairs

129. Urgent repairs
130. Application to Tribunal for urgent repairs
131. Application to Director to investigate need for non‑urgent repairs
131A. Director may investigate rooming house without application by resident
132. Application to Tribunal for non-urgent repairs
133. What can the Tribunal order?
134. Payment of rent into Rent Special Account
135. Repair provisions not applicable to certain damage

Division 7--Rights of entry

136. Access to room
137. Grounds for entry of a room
138. Manner of entry
139. What must be in a notice of entry?
140. Resident has duty to permit entry
141. What if damage is caused during entry?
142. What if a person exercising right of entry fails to comply with Division?
142A. Offence relating to entering room occupied by resident

Division 8--Standards

142B. Standards for rooming houses etc.
142BA. Records of gas and electrical safety checks
142C. Regulations for rooming houses

Division 9--Rooming House Register

142D. Unregistered rooming house
142E. Establishment of Rooming House Register
142F. Information to be included in Rooming House Register
142G. Compilation of information for inclusion in Rooming House Register
142H. Form of Rooming House Register
142I. Rooming House Register—Access and amendment
142J. Inspection of Rooming House Register
142K. Restriction on access to personal information
142KA. Restriction on access to address of rooming house
142L. Rights of review

PART 4--CARAVAN PARKS AND MOVABLE DWELLINGS--RESIDENCY RIGHTS AND DUTIES

Division 1AA--Application of Part

143AA. Application of Part to caravan parks and movable dwellings

Division 1--Residency rights

143. Residency right
144. Agreements
144A. Harsh and unconscionable terms
145. Caravan park owner to notify prospective resident of rights

Division 2--Bonds

146. Payment of bond
147. What is the maximum bond?
148. Condition report
149. Condition report is evidence of state of repair

Division 3--Rents and hiring charges

150. Limit on rent or hiring charge in advance
151. Receipts for rent or hiring charge
152. How much notice is required of rent or hiring charge increase?
153. Resident may complain to Director about excessive rent or hiring charge
154. Application to Tribunal about excessive rent or hiring charge
155. What can the Tribunal order?
156. Payment of increased rent or hiring charge pending Tribunal decision
157. Additional rent
158. Additional hiring charge
159. Rent must be reduced if services are reduced
160. Resident's goods not to be taken for rent or hiring charges

Division 4--Other charges

161. Fee for supply of key
162. Resident's liability for electricity, gas and water charges
163. Caravan park owner's liability for electricity, gas and water charges
164. Owner's responsibility for charges for supply to non-complying appliances
165. Reimbursement
166. Owner must not seek overpayment for utility charges

Division 5--General duties of residents, caravan park owners and caravan owners

167. Resident's use of site
168. Resident must not use site for illegal purposes
169. Resident's duty to pay rent and hiring charge
170. Quiet enjoyment—resident's duty
171. Resident must keep site clean
172. Resident must not erect structures
173. Resident must notify owner of and compensate for damage
174. Number of persons residing on site
175. Resident must observe caravan park rules
176. Caravan park owner must provide access
177. Quiet enjoyment—caravan park owner's duty
178. Caravan park owner must keep park etc. clean
179. Duty of caravan park owner to maintain communal areas
180. Maintenance and repair of caravans
181. Owner must ensure water efficient appliances installed
182. Statement of rights and copy of park rules
183. Statement of scale of certain charges, fees and commissions
184. Owner to give additional information
185. Caravan park rules
186. Duties relating to caravan park rules
187. What if the caravan park rules are thought to be unreasonable?

Division 6--Repairs

188. Urgent repairs to caravans
189. Application to Tribunal for urgent repairs
190. Application to Director to investigate need for non-urgent repairs
191. Application to Tribunal for non-urgent repairs
192. What can the Tribunal order?
193. Payment of hiring charge into Rent Special Account
194. Repair provisions not applicable to certain damage

Division 7--Transfer of rights and sale of caravans and movable dwellings

195. Transfer of residency right
196. What if the caravan park owner unreasonably withholds consent to transfer?
197. Owner must not charge fee for transfer of resident's rights
198. Sale of caravan

Division 8--Rights of entry

199. Entry of caravan by caravan park owner
200. Entry of caravan by caravan owner
201. Grounds for entry of caravan or site
202. Manner of entry
203. What must be in a notice of entry?
204. Resident has duty to permit entry
205. What if damage is caused during entry?
206. What if a person exercising right of entry fails to comply with Division?
206A. Offence relating to entering a site or caravan occupied by a resident

PART 4A--SITE AGREEMENTS AND SITE–TENANT OWNED DWELLINGS

Division 1--General requirements for site agreements

206B. Rights of site tenants
206C. Part 4A dwelling not a fixture
206D. Crown land
206E. Site agreements to be in writing
206F. Terms of site agreement
206G. Harsh and unconscionable terms
206H. Minimum terms for site agreements in new parks
206I. Site agreement consideration period
206J. Cooling off period
206JA. Cooling off period—Part 4A dwelling purchase agreement

Division 2--Bonds

206K. What is the maximum bond?
206L. Application to increase maximum amount of bond
206M. Tribunal may determine maximum bond
206N. Not more than one bond is payable in respect of continuous occupation
206O. Condition report
206P. Condition report is evidence of state of repair
206Q. Certain guarantees prohibited
206R. Maximum amount of certain guarantees

Division 3--Rents and other charges

206S. Rent, fees and charges under site agreements
206T. Limit on rent in advance
206U. Receipts for rent
206V. How much notice is required of rent increase?
206W. Site tenant may complain to Director about excessive rent
206X. Application to Tribunal about excessive rent
206Y. What can the Tribunal order?
206Z. Payment of increased rent pending Tribunal decision
206ZA. Additional charge
206ZB. Rent must be reduced if services are reduced
206ZC. Site tenant's goods not to be taken for rent

Division 4--Other charges

206ZD. Fee for supply of key
206ZE. Site tenant's liability for electricity, gas and water charges
206ZF. Site owner's liability for electricity, gas and water charges
206ZG. Reimbursement
206ZH. Site owner must not seek overpayment for utility charges

Division 5--General duties of site tenants

206ZI. Site tenant's use of site
206ZJ. Site tenant must not use site for illegal purpose
206ZK. Site tenant's duty to pay rent
206ZL. Quiet enjoyment—site tenant's duty
206ZM. Site tenant must keep site clean
206ZN. Site tenant must not erect structures
206ZO. Site tenant must notify site owner of and compensate for damage
206ZP. Number of persons residing on Part 4A site
206ZQ. Site tenant must observe Part 4A park rules

Division 6--General duties of site owners

206ZR. Site owner must give tenant certain information
206ZS. Part 4A site plans
206ZT. Site owner must provide access
206ZU. Quiet enjoyment—site owner's duty
206ZV. Site owner must keep Part 4A park clean
206ZW. Duty of site owner to maintain communal areas
206ZX. Site owner to give additional information

Division 7--Part 4A park rules

206ZY. Site owner may make Part 4A park rules
206ZZ. Amendment of Part 4A park rules
206ZZA. What if the Part 4A park rules are thought to be unreasonable?

Division 8--Site tenants' committees

206ZZB. Participation in site tenants' committee
206ZZC. Site owner's duties to site tenants' committees

Division 9--Assignment and sub-letting

206ZZD. Assignment by a site tenant
206ZZE. Sub-letting by a site tenant
206ZZF. Site tenant may apply to Tribunal
206ZZG. Site owner cannot ask for fee for giving consent
206ZZH. Sale of Part 4A dwelling

Division 10--Rights of entry

206ZZI. Entry of Part 4A site and Part 4A dwelling by site owner
206ZZJ. Grounds for entry of Part 4A site
206ZZK. Manner of entry
206ZZL. What must be in a notice of entry?
206ZZM. Site tenant has duty to permit entry
206ZZN. What if damage is caused during entry?
206ZZO. What if a person exercising right of entry fails to comply with Division?
206ZZP. Offence relating to entering a site occupied by a site tenant

PART 5--COMPENSATION AND COMPLIANCE

207. Definitions
208. Breach of duty notice
209. Application for compensation or compliance order for breach of duty
209AA. Application for compensation or compliance order for breach of prescribed term in standard form tenancy agreement
209A. Tribunal must hear application urgently
210. Application to Tribunal for compensation order on other grounds
210A. Application to Tribunal by resident for compensation
210B. Application to Tribunal by site tenant or site owner for compensation
211. Matters which may be considered by Tribunal
212. Orders of Tribunal
213. Compensation for unpaid rent
213AA. Compensation for unpaid rent under site agreement
213A. Application for payment of rent arrears or hiring charge arrears from bond
213B. Application to Tribunal for loss or damage
214. Can a person recover compensation under this Part as well as from a bond?
214A. Compensation for loss of rent under terminated site agreement
215. What powers does a court have to award compensation?
215A. Compensation in relation to closure of caravan park or Part 4A park
215B. Tribunal may make park closure compensation order

PART 6--TERMINATION

Division 1--Termination of residential tenancies

216. Termination of tenancy agreement
217. Termination by agreement
218. Termination by consent
219. Termination after notice to vacate
220. Termination by abandonment
221. Termination where premises are sub-let
222. Termination where landlord not owner of premises
223. Termination by mortgagee
224. Termination by merger
225. Termination by disclaimer
226. Termination by tenant before possession
227. Termination by landlord before possession
228. Termination after death of sole tenant
228A. Tenancy agreement—cancellation of licence or failure to renew licence
229. Offence to obtain possession etc. of premises
230. Creation of periodic tenancy
231. New tenancy created where head tenancy terminated
232. Application to Tribunal for creation of tenancy agreement
233. Order of Tribunal
233A. Application for termination or new tenancy agreement because of family violence or personal violence
233B. Tribunal orders
233C. Tribunal may determine parties' liability under terminated tenancy agreement
233D. Cross-examination in a proceeding for termination or new tenancy agreement
234. Reduction of fixed term tenancy agreement
234A. Application for termination of tenancy agreement because of coercion or deception of SDA resident
234B. Tribunal orders
235. Notice of intention to vacate
236. Notice to have no effect in certain circumstances
237. Reduced period of notice of intention to vacate in certain circumstances
237A. Tenancy agreement for a fixed term of more than 5 years does not comply with standard form
238. Premises destroyed or unfit for habitation
239. Failure of landlord to comply with Tribunal order
240. Successive breaches by landlord
241. Order of Tribunal that premises are abandoned
242. Abandoned premises and rent in advance
243. Damage
244. Danger
245. Condition of premises
246. Non-payment of rent
247. Failure to pay bond
248. Failure to comply with Tribunal order
249. Successive breaches by tenant
250. Use of premises for illegal purpose
250A. Drug-related conduct in public housing
250B. Prescribed indictable offences in public housing
251. Permitting child to reside in premises
252. False statement to housing authority
253. Assignment or sub-letting without consent
254. Landlord's principal place of residence (fixed term tenancy)
255. Repairs
256. Demolition
257. Premises to be used for business
258. Premises to be occupied by landlord or landlord's family
259. Premises to be sold
260. Premises required for public purposes
261. End of fixed term tenancy
262. Tenant no longer meets eligibility criteria
262AA. Notice to vacate when pet kept without consent
262A. Tenant in transitional housing refuses alternative accommodation
263. Notice to vacate for no specified reason
264. Prohibition on letting premises after notice
265. Effect of excessive rent order on notice to vacate
266. Notice to have no effect in certain circumstances
267. Notice by owner
268. Notice by mortgagee
268A. Notice to vacate given by Tribunal order under Rooming House Operators Act 2016
268B. Notice to vacate—refusal of licence under Rooming House Operators Act 2016

Division 2--Termination of residency rights in rooming houses

269. Termination after notice
270. Termination by Tribunal
271. Termination by abandonment
272. Termination if room or rooming house destroyed
272A. Residency rights—cancellation of licence or failure to renew licence
273. Offences relating to interference with rights
274. Notice of intention to vacate room
275. Rent payable on termination without notice
276. Rent payable if room vacated early
277. Order of abandonment
278. Damage
279. Danger
280. Disruption
281. Non-payment of rent
282. Failure of resident to comply with Tribunal order
283. Successive breaches by resident
284. Use of room for illegal purpose
285. Sale of rooming house
286. Repairs or demolition
287. Prohibition on renting after notice
287A. Resident in transitional housing refuses alternative accommodation
288. Notice for no specified reason
289. Notice of no effect
289A. Notice by owner of building or other person who is not rooming house owner
290. Notice by rooming house mortgagee
290A. Notice to vacate given by Tribunal order under Rooming House Operators Act 2016
290B. Notice to vacate—refusal of licence under Rooming House Operators Act 2016

Division 3--Termination of residency rights in caravan parks

291. Termination after notice
292. Termination by agreement
293. Termination on execution of warrant
294. Termination by abandonment
295. Offences relating to interference with rights
296. Notice of intention to vacate site or caravan
297. Notice if caravan destroyed or unfit for habitation
298. Rent or hiring charge payable on termination without notice
299. Rent or hiring charge payable if site or caravan vacated early
300. Abandonment of site or caravan
301. Order of abandonment
302. Damage
303. Danger
304. Disruption
305. Non-payment of rent
306. Non-payment of hiring charges
307. Failure of resident to comply with Tribunal order
308. Successive breaches by resident
309. Use of site or caravan for illegal purpose
310. Sale of caravan
311. Change of use
311A. Closure of caravan park
312. Occupation by caravan owner
313. Prohibition on hiring of caravans or renting of sites after notice
314. Notice for no specified reason
315. Notice of no effect
316. Notice by caravan park mortgagee
317. Notice by caravan mortgagee
317AA. Application for termination or new agreement because of family violence or personal violence
317AB. Tribunal orders
317AC. Tribunal may determine parties' liability under terminated agreement
317AD. Cross-examination in a proceeding for termination or new agreement

Division 3A--Termination of site agreements in Part 4A parks

317A. Termination of site agreement
317B. Termination by agreement
317C. Termination by consent
317D. Termination after notice to vacate
317E. Termination by abandonment
317F. Termination if Part 4A site is sub-let
317G. Termination if site owner not owner of site
317H. Termination by merger
317I. Termination by disclaimer
317J. Termination by site tenant before occupation or use
317K. Offences relating to interference with rights
317L. Creation of periodic site agreement
317M. Application for termination or new site agreement because of family violence or personal violence
317N. Tribunal orders
317O. Tribunal may determine parties' liability under terminated agreement
317P. Cross-examination in a proceeding for termination or new agreement
317Q. Reduction of fixed term site agreement
317R. Notice of intention to vacate
317S. Notice to have no effect in certain circumstances
317T. Reduced period of notice of intention to vacate in certain circumstances
317U. Failure of site owner to comply with Tribunal order
317V. Successive breaches by site owner
317W. Order of abandonment
317X. Damage
317Y. Danger
317Z. Disruption
317ZA. Failure to comply with Tribunal order
317ZB. Successive breaches by site tenant
317ZC. Use of Part 4A site for illegal purpose
317ZD. Assignment or sub-letting without consent
317ZDA. Closure of Part 4A park
317ZE. Notice by land owner
317ZF. Notice under fixed term site agreement
317ZG. Notice under periodic site agreement
317ZH. Notice of no effect
317ZI. Notice by mortgagee of Part 4A park

Division 4--Notices under this Part

318. Form of notice of intention to vacate
319. Form of notice to vacate
319A. Composite notices to vacate
320. What if 2 or more notices can be served?
321. How can a notice be withdrawn?

Division 5--Can a notice to vacate be challenged?

321A. Application of Division
321B. Tenant or resident may apply to Tribunal
321C. What can the Tribunal order?

PART 7--REGAINING POSSESSION--POSSESSION ORDERS AND WARRANTS

Division 1--Applications for possession orders

322. Application for possession order by landlord
323. Application for possession order by rooming house owner
323A. Application for possession order by person entitled to give notice to vacate under section 289A
324. Application for possession order by caravan park owner or caravan owner
324A. Application for possession order by site owner
325. Application for possession order by mortgagee
326. Time for application
327. Applications where composite notice to vacate is given
329. Hearing of application for possession order
330. Order of Tribunal
331. Order to be dismissed or adjourned in certain circumstances
332. Order not to be made in certain circumstances
333. Contents of possession order
334. Effect of possession order for rented premises or Part 4A site

Division 2--Alternative procedure for possession

335. Application for possession order where rent owing
336. Landlord to give tenant notice to vacate
337. Landlord may apply for possession order in respect of notice under section 261
338. Objection by tenant
339. Request for determination if no notice of objection
341. Principal registrar to make determination if no notice of objection
342. Effect of possession order
343. What if the principal registrar is not satisfied that determination should be made?

Division 3--Recovery of possession of rented premises where occupied without consent

344. Application for possession order if premises occupied without consent
345. Order of Tribunal
346. What must the possession order provide?
347. Notice to occupiers of premises
348. Direction of Tribunal if occupier fails to appear
349. Order of Tribunal if occupier appears
350. Effect of this Division

Division 4--Warrants of possession

351. Issue of warrant of possession
352. Postponement of issue of warrant in certain cases
353. Immediate issue of warrant if failure to comply during postponement
354. Extension of time for warrant to be executed
355. Warrant of possession
356. Lapsing of possession order and lapsing or cancellation of warrant of possession
357. Execution of warrant
358. Offence to re-enter rooming house, site or caravan

Division 5--Sheriff's powers to remove caravans

359. Removal of caravan from a caravan park
360. Sheriff's powers to remove
361. What happens to personal documents?
362. Disposal of personal documents after 90 days
363. Reclaiming documents before disposal
364. Rightful owner may claim caravan and goods
365. Sale of caravan and goods
366. Tribunal may order compensation from Residential Tenancies Fund

PART 8--VIOLENCE ON CERTAIN PREMISES

367. Definitions
368. Manager may give person notice to leave—serious acts of violence
368A. Offence to give notice to leave or purported notice to leave without reasonable grounds
369. Offence to remain on premises if given notice to leave
370. What happens if a notice to leave is given?
371. How long does a suspension last?
372. Offence to re-enter premises during suspension
373. Notice to principal registrar
374. Urgent applications to Tribunal
375. Tribunal must hear application urgently
376. What can the Tribunal order?
377. Offence to allow occupation of premises pending application or hearing
377A. Notice to leave prohibited if notice to vacate under section 244, 279, 303 or 317Y already given

PART 9--GOODS LEFT BEHIND BY TENANTS, RESIDENTS AND SITE TENANTS

Division 1--Preliminary

378. Application of this Part
379. Definitions

Division 2--Personal documents left behind

380. What happens if personal documents are left behind?
381. Disposal of personal documents after 90 days
382. Reclaiming personal documents before disposal

Division 3--Goods left behind

383. Application of Division
384. Disposal of certain goods left behind
385. Request to Director to state whether goods can be removed and destroyed or disposed of
386. What must a landlord do about goods which are left behind?
387. What must a rooming house owner do about goods left behind?
388. What must a caravan park owner etc. do about goods left behind?
388A. What must a site owner or Part 4A site agreement mortgagee do about goods left behind?
389. Rightful owner may reclaim stored goods before sale
390. What if a caravan owned by a resident is abandoned on site?
390A. What if a Part 4A dwelling owned by a site tenant is abandoned on site?
391. Sale of stored goods
392. Sale of stored goods by public auction to be advertised
393. Entitlement to removal and storage costs
394. Purchaser takes good title

Division 4--Orders of Tribunal

395. What if proceeds of sale are not sufficient to cover costs?
396. What if goods or documents are disposed of in contravention of this Part?
397. What if goods or documents are wrongfully retained?
398. What if goods or documents are damaged or lost?
399. What if stored goods have been sold in accordance with this Part?
399A. Director may make application without consent—former rooming house residents
400. What if personal documents are disposed of in accordance with section 381?
401. What orders can the Tribunal make?
402. Payment of compensation to owner who relies on Director's statement
403. When is compensation payable out of the Residential Tenancies Fund?

PART 10--BONDS AND THE RESIDENTIAL TENANCIES BOND AUTHORITY

Division 1--Interpretation

404. Definitions

Division 2--Payment of bonds to Residential Tenancies Bond Authority

405. Bond lodgment form
406. Duty to pay bond to Authority
407. Receipt for bond
408. Bond held on trust
409. What if the landlord is late in lodging the bond?
410. Payment of bond into Residential Bonds Account
410A. Payment of bond by cheque, Director of Housing voucher or money order
410B. Payment of substitute bond

Division 3--Payment out of bonds

411. Payment out of bonds
411A. Payment out of certain Director of Housing bonds held on 30 June 2003
411B. Payment out of Director of Housing bonds generally
411C. Refund of amount of substitute bond
412. Payment out by agreement
413. Payment to Director of Housing
413A. Authority to notify Director of Housing on receipt of new amount of bond
414. Application to Tribunal by landlord
415. Determination of application
416. Application to Tribunal by tenant or Director of Housing
417. Application to Tribunal by landlord
418. Application by landlord where rent unpaid
419. Application by landlord on other grounds
420. Determination by Tribunal
420D. Order by Tribunal if renter who is SDA resident is coerced etc.
421. Bond paid by Director of Housing
422. Unclaimed money
423. Prohibition of claims

Division 4--General provisions relating to bonds

424. Notice of assignment or transfer by landlord
425. Notice of assignment or transfer by tenant
426. Agent to produce authorisation on request
427. Authority to record names
428. Tenant must not use bond as rent

Division 5--Residential Tenancies Bond Authority

429. Establishment of Authority
430. Constitution of Authority
431. Functions of Authority
432. Powers of Authority
433. Authority subject to Minister's general direction and control
434. Delegation

Division 6--Bond Accounts

435. Residential Bonds Account
436. Residential Bonds Investment Income Account
437. Residential Tenancies Fund
438. Borrowing and investment powers of Authority
439. Additional amounts

PART 10A--RESIDENTIAL TENANCY DATABASES

439A. Definitions
439B. Application
439C. Notice of usual use of database
439D. Notice of listing if database used
439E. Listing can be made only for particular breaches by particular persons
439F. Further restriction on listing
439G. Ensuring quality of listing—landlord's obligation
439H. Ensuring quality of listing—database operator's obligation
439I. Providing copy of personal information listed
439J. Notifying relevant non-parties of Tribunal order about listing
439K. Keeping personal information listed
439L. Application to Tribunal for removal or amendment of listing
439M. What can the Tribunal order?

PART 11--FUNCTIONS OF TRIBUNAL

Division 2--Jurisdiction of Tribunal

446. Jurisdiction of Tribunal
447. Limits of jurisdiction of Tribunal
448. Proceedings of Tribunal not justiciable

Division 3--Who may apply to Tribunal?

452. General applications to the Tribunal

Division 4--Orders of Tribunal

472. General power of Tribunal to make determinations
473. Powers of Tribunal where 2 or more tenancy agreements affect same premises
479. Review of certain determinations and orders
480. Offence to fail to comply with determination of Tribunal

Division 6--Rent Special Account

485. Rent Special Account

PART 12--ADMINISTRATION

Division 1--Director of Consumer Affairs Victoria

486. Functions of Director
486B. Further functions of Director in relation to SDA enrolled dwellings
486C. Referral of matter to another person or body
487. Powers of Director
488. Director subject to Minister's general direction and control
489. Delegation by Director
490. Reports of Director

Division 2--Residential Tenancies Fund

491. Establishment of Residential Tenancies Fund
492. Payments into the Residential Tenancies Fund
493. Payments out of Residential Tenancies Fund
494. Treasurer's powers and duties in relation to Residential Tenancies Fund
495. Director may authorise payments for research etc.
496. Loans to tenants and residents from Residential Tenancies Fund
497. Loans to landlords etc. from Residential Tenancies Fund
498. Recovery of loan money
498A. Director may authorise payment for certain legal costs

PART 12A--SPECIALIST DISABILITY ACCOMMODATION

Division 1--Preliminary

498B. Definitions
498C. When does Part not apply to occupation of SDA enrolled dwelling

Division 2--Provision of information and notices

498D. Information statement required to be given to SDA resident
498DA. Notice of revocation of registration or enrolment
498E. Explaining notices or information given to SDA residents under this Part
498EA. Explanation of Tribunal orders

Division 3--SDA residency agreements

498F. Agreement for provision of SDA enrolled dwelling
498G. Working with SDA resident to establish an SDA residency agreement
498H. Copy of SDA residency agreement to be made available to SDA resident
498I. SDA residency agreements to be in standard form
498J. Content of SDA residency agreement
498K. Invalid terms
498L. Harsh and unconscionable terms

Division 3A--Disclosures and representations prior to entering into SDA residency agreement

498LA. Restriction on use of personal information provided by applicants for SDA enrolled dwellings
498LB. Information that SDA provider must disclose before entering SDA residency agreement
498LC. Misleading or deceptive conduct inducing a person to enter an SDA residency agreement

Division 4--General rights, responsibilities and duties of SDA providers and SDA residents

498M. Duties of SDA provider
498N. Duties of SDA resident

Division 5--Repairs and maintenance

498O. Application and definition
498P. Application to Tribunal for urgent repairs
498Q. Application to Director to investigate need for non‑urgent repairs
498R. Application to Tribunal for non-urgent repairs
498S. What can the Tribunal order?

Division 6--Rights of entry

498T. Purpose of Division
498U. Entry of SDA enrolled dwelling
498V. Grounds for entry of SDA enrolled dwelling
498W. Manner of entry
498X. What must be in a notice of entry?
498Y. SDA resident has duty to permit entry
498Z. What if damage is caused during entry

Division 7--Rent

498ZA. Rent
498ZB. Notice of increase in rent
498ZC. Limit on payment in advance
498ZD. Where and how is rent to be paid?
498ZE. Receipts for rent
498ZF. SDA resident's goods not to be taken for rent
498ZG. SDA resident may complain to Director about excessive rent
498ZH. Disputes relating to increase in rent
498ZI. What can the Tribunal order on an application relating to increase in rent
498ZJ. Tribunal must dismiss certain applications
498ZK. Payment of increased amount pending Tribunal decision

Division 8--Other charges

498ZL. Certain charges prohibited
498ZM. SDA provider's liability for various utility charges
498ZN. SDA provider must not seek overpayment for utility charge

Division 9--Compensation and compliance

498ZO. Definitions
498ZP. Breach of duty notice
498ZQ. Application for compensation or compliance order for breach of duty
498ZR. Matters to be considered by Tribunal
498ZS. Orders of Tribunal
498ZT. Compensation for unpaid rent
498ZU. What powers does a court have to award compensation?
498ZV. Notice of temporary relocation

Division 10--Termination and notices to vacate

498ZW. Termination of SDA residency agreement
498ZWA. Order of Tribunal that premises are abandoned
498ZX. Notice to vacate by SDA provider
498ZY. Effect of notice to vacate
498ZZ. What if 2 or more notices can be given?
498ZZA. Notice of intention to vacate by SDA resident
498ZZB. Withdrawal of notice
498ZZC. Application to the Tribunal for review of notice to vacate
498ZZCA.Notice by owner
498ZZD. Notice to vacate by mortgagee

Division 11--Regaining possession--possession orders and warrants

498ZZE. Application for possession order by SDA provider
498ZZF. Application for possession order by mortgagee
498ZZG. Hearing of application for possession order
498ZZH. Order of Tribunal
498ZZHA.What is reasonable and proportionate
498ZZI. Order to be dismissed or adjourned in certain circumstances
498ZZJ. Contents of possession order
498ZZK. Order not to be made in certain circumstances
498ZZL. Effect of possession order for SDA enrolled dwelling
498ZZM. What must the possession order provide?
498ZZN. Notice to occupiers of SDA enrolled dwelling
498ZZO. Effect of this Subdivision
498ZZP. Issue of warrant of possession
498ZZQ. Extension of time for warrant to be executed
498ZZR. Warrant of possession
498ZZS. Lapsing of possession order and lapsing or cancellation of warrant of possession
498ZZT. Execution of warrant
498ZZU. Postponement of issue of warrant in certain cases
498ZZV. Immediate issue of warrant if failure to pay rent during postponement

Division 12--Goods left behind by SDA residents

498ZZW. Application of this Division
498ZZX. Definitions
498ZZY. What happens if personal documents are left behind?
498ZZZ. Disposal of personal documents after 90 days
498ZZZA.Reclaiming personal documents before disposal
498ZZZB.Application of Subdivision
498ZZZC.Disposal of certain goods left behind
498ZZZD.What must an SDA enrolled dwelling owner do about goods left behind?
498ZZZF.When SDA enrolled dwelling owner may sell or dispose of stored goods
498ZZZG.Former SDA resident may request proceeds of sale of goods
498ZZZI.Purchaser takes good title
498ZZZJ.What if goods or documents are disposed of in contravention of this Division?
498ZZZK.What if goods or documents are wrongfully retained?
498ZZZL.What if goods or documents are damaged or lost?
498ZZZM.What if an SDA enrolled dwelling owner refuses to store goods for more than 14 days?
498ZZZN.What orders can the Tribunal make?

Division 13--Offences

498ZZZO.Offence relating to entering SDA enrolled dwelling
498ZZZP.Offence to obtain possession etc. of SDA enrolled dwelling
498ZZZPA.Prohibition on letting premises used for SDA enrolled dwelling after notice
498ZZZQ.Offence to make false or fraudulent representation—SDA residency agreement
498ZZZR.Offence to persuade person not to exercise rights or take proceedings
498ZZZS.Offence to aid, abet, counsel or procure commission of an offence
498ZZZT.Certain penalties prohibited

PART 13--GENERAL

Division 1--Offences

499. Confidentiality
501. Offence to make false representation—tenancy agreement or residency right
502. Offence to persuade person not to exercise rights or take proceedings
503. Offence to aid, abet, counsel or procure commission of offence
504. Offence to give false information
505. Certain penalties prohibited
505A. Offences with respect to formal affiliation of premises with school or institution
505B. Offence not to display notice about affiliation of premises with school or institution

Division 1A--Disclosure, use and transfer of information

505C. Disclosure, use and transfer of information

Division 2--Evidence and legal proceedings

506. Service of documents
507. Onus of proof that Act does not apply
507A. Application of provisions of Australian Consumer Law and Fair Trading Act 2012
508. Proceedings for offences
508A. Extended period to prosecute certain offences
509. Jurisdiction of Supreme Court, County Court and Magistrates' Court
510. Application to Supreme Court, County Court or Magistrates' Court
510A. Parties to Tribunal proceedings

Division 2A--Infringement notices

510B. Definitions
510C. Power to serve a notice

Division 3--Regulations

511. Regulations

PART 14--REGULATION OF CARAVAN PARKS AND MOVABLE DWELLINGS

Division 1--Application

512. Application of this Part
513. Minister may exempt caravan park from compliance with this Part

Division 2--Regulation of caravan parks and movable dwellings

514. Standards regulations
515. Registration regulations
515A. Fire safety and emergency management regulations
516. Additional powers

Division 3--Application of building and planning laws

517. Building provisions
518. Planning provisions

Division 3A--Fire safety and emergency management procedures

518A. Definitions
518B. Provision of fire fighting equipment
518C. Space around movable dwellings and adjacent structures
518D. Emergency management plan and emergency procedures
518E. Public emergency warnings
518F. Council may issue notice

Division 4--Applications and appeals

519. Application by caravan park owner for exemption
520. Referral of disputes by caravan park owners
521. Appeals

Division 5--Enforcement

522. Compliance notice
523. Closure order
524. Delegations
525. Authorised persons
526. Powers of entry and inspection
526A. Report of inspection
527. Proceedings for offences against this Part or the regulations

PART 15--TRANSITIONAL PROVISIONS

528. Definition of 2005 Act
529. Number of occupants of room frozen at Royal Assent
530. Rights of existing residents
531. Notice to existing residents
532. Transitional provisions
533. Transitional provision—Consumer Legislation Amendment Act 2019—pets

Division 5B--of Part 2 as inserted by the Consumer Legislation Amendment Act 2019 does not apply to a tenancy agreement in existence before the commencement of that Division, unless the tenant, on or after that commencement, introduces or wishes to keep a pet at the rented premises.

PART 16--COVID-19 TEMPORARY MEASURES

Division 1--Preliminary

534. Purpose and effect of Part
535. When does this Part have effect?
536. Definitions
537. When is a person unable to comply with a term, provision or obligation because of a COVID-19 reason?
538. What is reasonable and proportionate?

Division 2--Tenancy agreements

539. Suspension of rent increases—tenancy agreements
540. Reduction in rent and payment plans—tenancy agreements
541. Landlord must allow payment of rent by Centrepay
542. No breach of duty or term if COVID-19 reason—tenancy agreement
543. Reduction in fixed term tenancy agreement
544. No notices to vacate—tenancy agreements
545. When a tenant can give notice of intention to vacate—tenancy agreements
546. Tenants not liable for compensation or lease break fees, charges etc
547. Terminations—tenancy agreements
548. Application to Tribunal for order to terminate
549. Tribunal may terminate tenancy agreement in certain circumstances
550. When can a landlord or mortgagee apply for a possession order?
551. Tribunal may make possession order—tenancy agreements

Division 3--Residency rights in rooming houses

552. Suspension of rent increases—rooming houses
553. Reduction in rent and payment plans—rooming houses
554. Rooming house owner must allow payment of rent by Centrepay
555. No breach of duty or term if COVID-19 reason—rooming houses
556. No notices to vacate—rooming houses
557. Terminations—residency rights in rooming houses
558. Application to Tribunal for order to end residency right in respect of a room
559. Tribunal may end residency right in rooming houses in certain circumstances
560. When can a rooming house owner or rooming house mortgagee apply for a possession order?
561. Tribunal may make possession order—rooming houses

Division 4--Residency rights in caravan parks

562. Suspension of rent or hiring charge increases—caravan parks
563. Reduction in rent or hiring charge and payment plans—caravan parks
564. Caravan park owners and caravan owners must allow payment of rent or hiring charge by Centrepay
565. No breach of duty or term if COVID-19 reason—caravan parks
566. No notices to vacate—caravan parks
567. Terminations—residency rights in caravan parks
568. Application to Tribunal for order to end residency right in respect of a caravan park
569. Tribunal may end residency right in caravan parks in certain circumstances
570. When can a caravan park owner, caravan owner, caravan park mortgagee or caravan mortgagee apply for a possession order?
571. Tribunal may make possession order—caravan parks

Division 5--Site agreements

572. Suspension of rent increases—Part 4A parks
573. Reduction in rent and payment plans—site agreements
574. Site owners must allow payment of rent by Centrepay
575. No breach of duty or term if COVID-19 reason—site agreements
576. Reduction in fixed term site agreement
577. No notices to vacate—Part 4A parks
578. When a site tenant can give notice of intention to vacate—site agreements
579. Site tenants not liable for compensation or lease break fees, charges etc
580. Terminations—site agreements in Part 4A parks
581. Application to Tribunal for order to terminate site agreement
582. Tribunal may terminate site agreements in Part 4A parks in certain circumstances
583. When can a site owner or mortgagee apply for a possession order?
584. Tribunal may make possession order—Part 4A parks

Division 6--SDA residency agreements

585. Suspension of rent increases—SDA residency agreements
586. Reduction in rent and payment plans—SDA residency agreements
587. SDA provider must allow payment of rent by Centrepay
588. No breach of duty or term if COVID-19 reason—SDA residency agreements
589. No notices to vacate—SDA residency agreements
590. Terminations—SDA residency agreements
591. Notice of temporary relocation
592. Application to Tribunal for order to terminate SDA residency agreement
593. Tribunal may terminate SDA residency agreements in certain circumstances
594. When can an SDA provider or mortgagee apply for a possession order?
595. Tribunal may make possession order—SDA residency agreements

Division 7--Residential tenancies databases

596. Listing cannot be made in relation to certain breaches

Division 7A--Further matters to be considered by Tribunal

596A. Further matters to be considered by Tribunal

Division 8--Residential Tenancies Dispute Resolution Scheme

597. Definitions
598. Chief dispute resolution officer
600. Delegation
601. Protection against liability
602. Jurisdiction of Supreme Court
603. Regulations may prescribe a Residential Tenancies Dispute Resolution Scheme
604. Regulations may prescribe functions of chief dispute resolution officer and matters relating to eligible disputes
605. Regulations may empower chief dispute resolution officer to make orders, etc.
606. Effect of Regulations
607. Certain consultation requirements under Subordinate Legislation Act 1994 disapplied
607A. Minister to consult
607B. Regulations are disallowable by either House of Parliament

Division 9--Regulations under the Act

608. Definitions
609. Regulations may make provision for certain matters for the purposes of responding to the COVID-19 pandemic
610. Effect of Regulations
611. Certain consultation requirements under Subordinate Legislation Act 1994 disapplied
611A. Minister to consult
611B. Regulations are disallowable by either House of Parliament

Division 10--Transitional provisions

612. Transitional provision—applications to the Tribunal
613. Transitional provision—possession orders
614. Transitional provision—notices to vacate

Division 11--Repeal of Part

615. Repeal of Part
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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