Victorian Current Acts Victorian Current ActsS. 101(1) amended by Nos 45/2002 s. 33(1)(a), 45/2018 s. 94(1).
(1) Subject to subsection (3), a rooming house operator must give a resident at least 60 days notice in the prescribed form of a proposed rent increase.
(2) A notice of a proposed rent increase under subsection (1) may only provide for one rent increase.
S. 101(3) amended by No. 45/2018 s. 94(2).
(3) If a rooming house operator provides additional services to the resident at the resident's request, the operator may increase the rent by an amount agreed between them from the time that the additional services are provided without giving the notice required under subsection (1).
(4) An agreement under subsection (3) must—
(a) be in writing; and
S. 101(4)(b) amended by No. 45/2018 s. 94(3).
(b) be signed by the resident and the rooming house operator; and
(c) specify—
(i) the additional services to be provided; and
(ii) the amount of the increase; and
(iii) the date the increase will start to apply.
S. 101(5) amended by No. 45/2002 s. 33(1)(b).
(5) The notice of a proposed rent increase must include a statement informing the resident of the resident's right under section 102 to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.
S. 101(5A) inserted by No. 45/2002 s. 33(2) amended by No. 45/2018 s. 94(3)(4).
(5A) A rooming house operator must not increase the rent payable by a resident at intervals of less than 12 months.
S. 101(5B) inserted by No. 45/2018 s. 94(5) (as amended by No. 32/2020 s. 9).
(5B) For the purposes of this section, rent is not increased merely because—
S. 101(5B)(a) amended by No. 40/2022 s. 60(26).
(a) a rental rebate is applied, adjusted or cancelled under a fixed term rooming house agreement or agreement under section 94(2) where the rooming house operator is Homes Victoria or a registered agency; and
(b) the application, adjustment or cancellation of that rental rebate caused an increase in the amount payable by the resident under that fixed term rooming house agreement or agreement under section 94(2) (as the case may be).
(6) A rent increase in contravention of this section is invalid.