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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 tenancy 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  
   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 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 new tenancy agreement because of final family violence intervention order  
   233B.   Tribunal orders for application made under section 233A(3)  
   233C.   Tribunal may determine parties' liability under terminated tenancy agreement  
   233D.   Cross-examination in proceedings for a 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  
   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  

           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 new site agreement because of final family violence intervention order  
   317N.   Tribunal orders for application made under section 317M  
   317O.   Tribunal may determine parties' liability under terminated site agreement  
   317P.   Cross-examination in proceedings for a new site 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  
   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  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES


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