Victorian Current Acts Victorian Current Acts(1) If an application is made under section 103 , the Tribunal may—
(a) make an order—
(i) declaring the proposed rent excessive; and
(ii) directing that for the period specified in the order the rent must not exceed the amount specified in the order; or
(b) dismiss the application.
(2) The Tribunal must have regard to the Director's report obtained under section 102 in determining the application.
(3) The Tribunal must make an order declaring the proposed rent excessive if it is satisfied that the proposed rent is more than that which should reasonably be paid by a resident having regard to—
(a) the rent payable for a similar room in the rooming house;
(b) the rent payable for a similar room in a similar rooming house in a similar location;
S. 104(3)(ba) inserted by No. 63/2005 s. 11(1).
(ba) in the case of a shared room, the rent payable by each resident of a similar shared room in the rooming house;
S. 104(3)(bb) inserted by No. 63/2005 s. 11(1).
(bb) in the case of a shared room, the rent payable by each resident of a similar shared room in a similar rooming house in a similar location;
(c) the state of repair and general condition of the room and the rooming house;
(d) any variation in the cost of providing facilities and services in the rooming house;
(e) any changes in the rent and the condition of the room or facilities since the resident first occupied the room and since the last rent increase;
S. 104(3)(ea) inserted by No. 45/2002 s. 34.
(ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;
S. 104(3)(f) substituted by No. 63/2005 s. 11(2).
(f) any improvements made to the room that should not be considered in calculating the rent because they were made by the resident.
S. 104(4) amended by No. 45/2018 s. 355(3).
(4) If the Tribunal makes an order under subsection (1)(a) in relation to a room, the rooming house operator cannot require the resident to pay an amount of rent greater than that specified in the order for a period of 6 months after the day on which the order comes into operation.
(5) The amount specified in the order must not be less than the amount payable by the resident immediately before the notice was given under section 101.
S. 104(6) inserted by No. 63/2005 s. 11(3).
(6) Subsection (5) does not apply if the order relates to an application made under section 103 in relation to a reduction in rent following an increase in the room capacity of a resident's room.