Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria

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Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming houses
           A guide for residents
           and operators

consumer.vic.gov.au
Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming houses: A guide for residents and operators

New renting laws

New renting laws will come into effect           To find out more about the
on 1 July 2020.                                  changes, visit consumer.vic.gov.au/
                                                 rentinglawchanges.
After this, information in this guide
will be out of date.                             Or follow us on:
                                                 Facebook: @consumeraffairsvictoria
For up-to-date information on your
renting rights and responsibilities, visit       Twitter: @consumervic
consumer.vic.gov.au/rentingguide.

Disclaimer
Because this publication avoids the use of
legal language, information about the law may    Unless indicated otherwise, content in this
have been expressed in general statements.       publication is provided under a Creative
This guide should not be relied upon as a        Commons Attribution 3.0 Australia
substitute for the Residential Tenancies Act     Licence. To view a copy of this licence, visit
1997, the Residential Tenancies Amendment        creativecommons.org/licenses/by/3.0/au
Act 2018, or professional legal advice.          It is a condition of the Creative Commons
                                                 Attribution 3.0 Licence that you must give
Authorised and published                         credit to the original author who is the State
by the Victorian Government,                     of Victoria.
1 Treasury Place, Melbourne
                                                 If you would like to receive this publication
December 2019                                    in an accessible format please visit
ISBN: 978 1 921079 70 2                          consumer.vic.gov.au or ring 1300 55 81 81.

                                                 Additional copies
                                                 This guide is available from Consumer
                                                 Affairs Victoria, consumer.vic.gov.au/forms
                                                 or 1300 55 81 81.

2
Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming houses: A guide for residents and operators

 Rooming houses: A guide
for residents and operators

   Rooming house operators must give
   a copy of this guide to every resident
    on or before the day they move in.

                                                                    3
Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming houses: A guide for residents and operators

Telephone interpreting service

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Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming houses: A guide for residents and operators

Contents

Rooming house basics . . . . . . . . . . . . . . . 6                         When a resident is leaving . . . . . . . . . . 31
About this guide . . . . . . . . . . . . . . . . . . . . . . 7               When a resident wants to leave . . . . . 32
Who are residents and operators? . . . 7                                     When an operator asks a
Rooming house operators                                                      resident to leave . . . . . . . . . . . . . . . . . . . . . 33
must be licensed . . . . . . . . . . . . . . . . . . . . . 7                 When a resident’s notice
What is a rooming house? . . . . . . . . . . . . 8                           period runs out . . . . . . . . . . . . . . . . . . . . . . 35
Registering a rooming house . . . . . . . . . 8                              How is notice given? . . . . . . . . . . . . . . . . . 35
Rooming house public register . . . . . . . 8                                Can a resident be forced to leave? . . . 36
When can an operator use
                                                                             After a resident has left . . . . . . . . . . . . 38
a building as a rooming house? . . . . . . 9
                                                                             Repaying the bond . . . . . . . . . . . . . . . . . . 39
Changing the use of the building
                                                                             Goods left behind. . . . . . . . . . . . . . . . . . . .40
to a rooming house . . . . . . . . . . . . . . . . . . . 9
                                                                             Closing down a rooming house . . . . . . 41
Minimum standards
in rooming houses . . . . . . . . . . . . . . . . . . 10                     Solving disputes . . . . . . . . . . . . . . . . . . . . 42
What are minimum standards? . . . . . . 11                                   Dispute Settlement Centre
                                                                             of Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Additional minimum standards . . . . . . 11
                                                                             Using VCAT . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Existing minimum standards . . . . . . . . 14
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . .17          Useful contacts . . . . . . . . . . . . . . . . . . . . . 45

When a resident moves in. . . . . . . . . . . 19                             Checklist for operators . . . . . . . . . . . . . 48
What must an operator
                                                                             Checklist for residents . . . . . . . . . . . . . .50
give a resident? . . . . . . . . . . . . . . . . . . . . . . 20
Charging a bond . . . . . . . . . . . . . . . . . . . . 21
Condition Report . . . . . . . . . . . . . . . . . . . . 22

During a resident’s stay . . . . . . . . . . . . 23
Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Adding more residents to a room . . . 25
Applying for a rental assessment . . . 26
Repairs and maintenance . . . . . . . . . . . 26
Who pays utility bills? . . . . . . . . . . . . . . . . 28
Entry rights . . . . . . . . . . . . . . . . . . . . . . . . . . 29
If someone breaks the rules . . . . . . . . . 29

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Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming house basics

6
Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming house basics

This guide is for rooming
                                           Note:
house residents and operators.             If a person has a valid
Operators must give a copy of              tenancy agreement,
this guide to every new resident.          they are a tenant under
                                           the law, and not a resident. This
About this guide                           is important, as it affects things
                                           such as notice periods that a
This guide explains what residents         resident or operator must give.
and operators must do to follow            For more information, contact
Victoria’s rooming house laws.             Consumer Affairs Victoria:
Penalties for not complying with           consumer.vic.gov.au/contact-us
these laws apply.
                                           1300 55 81 81

  This guide is not
                                         In this guide, a rooming house
  a legal document
                                         operator can refer to:
  or substitute for
  professional                           • the owner of the building
  legal advice.                          • a person who has leased a building
                                           and is operating it as a rooming
                                           house
Who are residents                        • an agent or head tenant employed
and operators?                             by the owner.

A resident is a person who rents a
room in a rooming house as their only    Rooming house operators
or main residence. A resident does not   must be licensed
need to have a tenancy agreement to      From 2017, rooming house operators
live in a rooming house.                 must be licensed by the Business
                                         Licensing Authority. For more
                                         information about the licensing
                                         scheme and how to apply for a
                                         licence, visit consumer.vic.gov.au/
                                         roominghouseoperators.

                                                                                7
Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
Rooming houses: A guide for residents and operators

What is a rooming house?                         Registering a rooming house
Under the Residential Tenancies                  Under the Public Health and Wellbeing
Act 1997, a rooming house is a                   Act 2008, operators must register their
building where:                                  rooming houses with the local council
                                                 if they intend to rent out one or more
• one or more rooms is available
                                                 rooms to four or more people.
  for rent, and
• the total number of people who
  may occupy those rooms is four                      Information and
  or more.                                            contact details for
                                                      local Victorian
The Minister for Housing can                          councils are online
also declare a property as a                          at knowyourcouncil.vic.gov.au,
rooming house.
                                                      in the local telephone directory
Also, in most rooming houses:                         or at local libraries.

• residents share bathrooms,
  kitchens, laundries and other                  Rooming house public register
  common areas                                   Residents can check if a rooming
• the owner and their family                     house is registered before they sign
  generally do not live on the                   an agreement or move in. Search
  premises                                       for registered rooming houses at
• separate rental agreements may                 registers.consumer.vic.gov.au/
  exist for different residents.                 rhrsearch.

    If a person is unsure
                                                 Supressing a rooming house address
    if they are living in, or                    Operators can apply to the Director
    operating, a rooming                         of Consumer Affairs Victoria to stop
    house, they should                           the public from seeing their rooming
    contact their local                          houses’ addresses on the rooming
    council or Consumer                          houses public register.
    Affairs Victoria.
                                                 The Director only restricts public
                                                 access to the address in exceptional
                                                 circumstances. This may include
                                                 suppressing the address of a rooming
                                                 house run by either a housing agency
                                                 registered under the Housing Act 1983,
                                                 or a non-government organisation
                                                 funded to deliver family violence
                                                 services.

8
Rooming house basics

Suppression in these circumstances          Changing the use of the
may be approved to help protect             building to a rooming house
residents threatened by interpersonal
                                            If an operator changes the use
or family violence.
                                            of their building into a rooming
Rooming house operators must make           house, the building must meet the
their request to the Director in writing.   relevant requirements of the Building
                                            Regulations 2006.
When can an operator use a                  This may involve the operator
building as a rooming house?                arranging works such as:
For an operator to use a property as        • installing the necessary fire safety
a rooming house, the property must            measures
be in an area where the local council       • changing door hardware
allows this.
                                            • installing sanitary facilities
The operator must also:                     • other works.
• be licensed with the Business             Operators must find out if a building
  Licensing Authority                       permit is required for any building
• register their rooming house with         work to change the use of the
  the local council                         building to a rooming house. A council
• get the necessary building or other       municipal building surveyor (MBS),
  permits that may be required              private building surveyor (PBS) or
• meet the minimum health, building         other suitably experienced building
  and fire safety standards.                professional can give advice.

Planning controls                             For more information,
                                              operators should
Each municipality has a local
                                              contact the building
planning scheme, which controls
                                              department of their
how land is used.
                                              local council.
Operators must check with their
local council’s planning section to
                                            Sometimes, an MBS, PBS or other
find out if:
                                            qualified building professional may
• the building is located in an area        find that no building work is required
  where use as a rooming house              for the new use as a rooming house.
  is permitted
• a planning permit is required.

                                                                                     9
Minimum standards
     in rooming houses

10
Minimum standards in rooming houses

Operators must ensure their           Additional minimum standards
properties meet minimum               Rooming house operators must
standards. These include a            comply with additional minimum
range of existing minimum             standards set out in the Residential
                                      Tenancies (Rooming House Standards)
standards and additional
                                      Regulations 2012.
minimum standards that
came into force in 2013.              These standards relate to privacy,
                                      security, safety and amenity in
                                      rooming houses.
What are minimum standards?
The existing minimum standards for    Residents’ rooms
rooming houses are set out in the:
                                      • any door used for entry to or exit
• Residential Tenancies Act 1997        from a resident’s room must be
• Building Regulations 2006             fitted with a lock that is operated by
• Part 5 of the Public Health and       a key from the outside, and can be
  Wellbeing Regulations 2009            unlocked from inside without a key
  (Prescribed Accommodation).         • a resident’s room must have at
                                        least two working power outlets
See ‘Existing minimum standards’ on
                                      • residents’ windows must have a
page 14 for an explanation of these
                                        covering that provides privacy
standards.
                                        and can be opened and closed
                                        by the resident.
  Operators can view
  the laws mentioned                  Bathrooms
  in this guide at:
                                      A shared bathroom or toilet must be
                                      fitted with a privacy latch that can
  www.legislation.vic.gov.au
                                      be securely latched from the inside
                                      without a key.

                                      Kitchens
                                      Each resident must have access
                                      to and use of food preparation
                                      facilities. These can be provided in the
                                      resident’s room or a shared kitchen.

                                                                             11
Rooming houses: A guide for residents and operators

If these facilities are in a resident’s          Shared laundries
room, they must include a:
                                                 • a wash trough or basin plumbed to
• food preparation area                            a continuous and adequate supply
• sink                                             of hot and cold water
• oven and cook-top in good                      • immediately next to the trough
  working order                                    or basin, space with hot and cold
• refrigerator with at least                       water supply outlets suitable for
  80 litres capacity                               a washing machine
• cupboard with a minimum                        • a clothes line or other clothes
  0.1 cubic metres (100 litres)                    drying facility.
  of storage capacity.
                                                 General rooming house standards
A shared kitchen must have a:
                                                 • an evacuation diagram that
• food preparation area
                                                   complies with section 3.5 and
• sink
                                                   Appendix E of AS 3745 must be
• oven and cook-top with four                      prominently displayed in each
  burners in good working order for                resident’s room and in all shared
  every 12 or fewer residents who do               areas
  not have an oven or cook-top in
                                                 • internal rooms, corridors and
  their room (based on the maximum
                                                   hallways must have a level of
  number of residents the rooming
                                                   natural or artificial light appropriate
  house can accommodate)
                                                   to the function and use of the room
• refrigerator with at least 400 litres
                                                 • habitable rooms must have access
  capacity
                                                   to natural light during daylight
• lockable cupboard for each                       hours, and artificial light during
  resident, with a minimum 0.1 cubic               non-daylight hours, appropriate to
  metres (100 litres) of storage                   the function and use of the room
  capacity.
                                                 • habitable rooms, bathrooms,
                                                   shower rooms, toilets and laundries
Dining facilities in a common area                 must have ventilation that complies
• enough chairs for the maximum                    with the relevant Building Code
  number of residents that can be                  of Australia (see section 17 of the
  accommodated in a resident’s room                Residential Tenancies (Rooming
                                                   House Standards) Regulations)
• a table that can comfortably
  accommodate this number                        • all gas installations and fittings
  of chairs.                                       must be checked at least once
                                                   every two years by a licensed
                                                   gas fitter

12
Minimum standards in rooming houses

• all electrical installations and         • electrical safety check – for
  fittings must be checked at least          five years after the check was
  once every five years by a licensed        made, including the details of the
  electrician                                licensed electrician who performed
• all power outlets and electrical           the check.
  circuits must be connected to
  circuit breakers that comply with        Exemptions
  AS/NZS 3000 and switchboard-
                                           In exceptional circumstances, the
  type residual current devices that
                                           Director of Consumer Affairs may
  comply with AS/NZS 3190, AS/NZS
                                           exempt a rooming house owner from
  61008.1 or AS/NZS 61009.1
                                           some standards in the Residential
• each external window that is able
                                           Tenancies (Rooming House Standards)
  to be opened must stay securely
                                           Regulations. The exemption may
  closed or open without a key
                                           be unconditional or on specified
• each rooming house entrance must         conditions, and may be a total or
  have a lock operated by a key from       limited exemption.
  outside, and without a key from
  inside, the rooming house                An exemption can only be granted
• the main entry must have a               when the rooming house owner:
  window, peep-hole or intercom            • is not able to modify the rooming
  system, and a working external             house to comply with the relevant
  light fitting that provides enough         standards due to the nature, age or
  light during non-daylight hours            structure of the rooming house, or
  to provide for safe access and           • is not able to modify the rooming
  to screen visitors to the rooming          house to comply with the relevant
  house.                                     standards due to an obligation to
                                             comply with a competing law, or
Records                                    • has sufficiently addressed the
Rooming house owners must keep               relevant standards by other means.
the following records and make them        For more information, visit
available to the Director of Consumer      consumer.vic.gov.au/
Affairs Victoria on request:               minimumstandards
• gas safety check – for two years
  after the check was made, including
  the details of the licensed gas fitter
  who performed the check

                                                                                  13
Rooming houses: A guide for residents and operators

                                                 Essential safety measures may also
     If a resident thinks                        be determined by an MBS or PBS
     their rooming house                         following building work where an
     does not meet the                           occupancy permit is not required.
     minimum standards,
                                                 The MBS or PBS will be able to tell
     they should contact Consumer
                                                 operators what essential safety
     Affairs Victoria.
                                                 measures they need to install and
                                                 maintain.

Existing minimum standards
                                                      How does the size of
Building safety standards                             the rooming house
                                                      affect an operator’s
The essential safety measures
                                                      obligations?
for rooming houses are set out in
the Building Regulations 2006. An                     The Building Regulations
operator must ensure there is no                      distinguish between small
danger to the safety of residents                     rooming houses (referred to
or anybody else using the building.                   as Class 1b) and large rooming
                                                      houses (Class 3). The life and fire
Operators must install and maintain                   safety standards an operator
essential safety systems and services                 must implement may differ
for an existing building. They must                   depending on the size of the
also keep documentation, including                    rooming house. Operators
records of maintenance, and complete                  should contact their local council
annual essential safety measures                      to find out more.
reports.
The maintenance of essential safety              Table 1 (next page) shows the
measures is:                                     difference between small and large
• set out in Part 12 of the Building             rooming houses.
  Regulations                                    Some exceptions to Table 1 apply, so
• listed on the occupancy permit                 operators should contact their local
  (if one is required).                          council for details.

14
Minimum standards in rooming houses

Table 1: Small and large rooming houses
 Type of rooming house       Number of residents            Total floor area

 Small rooming house         Up to 12 unrelated             Not more than 300m2
 (Class 1b)                  residents

 Large rooming house         13 or more unrelated           More than 300m2
 (Class 3)                   residents

Fire safety
                                                  Other specific fire and
Operators must have adequate and
                                                  life safety measures
well-maintained hard-wired smoke
                                                  may also be required,
alarms to protect residents.
                                                  and these will depend
An MBS or a PBS can tell operators                on the rooming house’s size
the fire and life safety systems they             and other components. Local
have to install.                                  councils can give more
                                                  information.
The Building Regulations require some
operators to install an automatic
fire sprinkler system to any buildings
constructed (or for which a building        Signs and lighting
permit was issued) before 1 July 2003.      Operators must install and maintain
Other fire-related measures                 appropriate signs and lighting. These
operators may need to install               may include:
and maintain include:                       • signs warning against the use
• appropriate means of escape,                of lifts in the event of a fire
  such as clear pathways to exits           • emergency lighting
• fire-fighting services and                • artificial lighting to help residents
  equipment, such as portable                 escape in an emergency.
  fire extinguishers, hose reels
  and hydrants                              Health and hygiene standards
• fire alarms and sprinkler systems         As well as keeping the building
• bushfire protection measures for          safe, operators must also maintain
  relevant properties.                      minimum standards of health and
                                            hygiene. These are set out in Part 5
                                            of the Public Health and Wellbeing
                                            Regulations 2009 (Prescribed
                                            Accommodation).

                                                                                      15
Rooming houses: A guide for residents and operators

Space requirements                               Conditions in the rooming house
in rooming houses                                All rooming houses must have:
There are slightly different rules for
                                                 • at least one toilet, one bath/shower
how much floor space is required per
                                                   and one wash basin for every
resident and per room for stays of
                                                   10 people
fewer and greater than 31 days, as
outlined in Table 2a and 2b. These               • bedrooms, toilets, bathrooms,
laws help ensure that residents have               laundries, kitchens, living areas
enough space and that the rooming                  and any communal areas in good
house does not become overcrowded.                 working order, and in a clean and
                                                   hygienic condition
                                                 • a continuous and adequate supply
     Important:                                    of hot and cold water
     If a room is less than                      • drinking water fit for human
     7.5m2, it cannot be                           consumption
     used as a bedroom.
                                                 • the bed linen changed weekly
                                                   (if supplied), when the bed is
Table 2a: Space requirements for                   vacated and before its re-use
stays of 31 days or less                           by another resident
                                                 • sewage and water discharged to
                        Maximum number
                                                   a sewerage system or to another
 Size of bedroom        of occupants
                                                   approved effluent treatment or
 7.5m2 to less than     2                          disposal system
 10m2
                                                 • vermin-proof bins that are
 10m2 or more           3                          cleaned regularly
                        (add an extra 2m2        • regular rubbish bin collection.
                        for each additional
                        person)
                                                 Keeping a register

Table 2b: Space requirements for                 Operators must keep a register of
stays of 32 days or more                         every resident for at least 12 months
                                                 after the date of the last entry into the
                        Maximum number           register. The register must include the
 Size of bedroom        of occupants
                                                 resident’s name and future address,
 7.5m2 to less than     1                        and arrival and departure dates.
 12m2

 12m2 or more           2
                        (add an extra 4m2
                        for each additional
                        person)

16
Minimum standards in rooming houses

Advertising the rooming house             Consumer Affairs Victoria may
                                          inspect a rooming house to:
If an operator advertises their rooming
house (for instance, in a newspaper       • inform operators and residents
or online), they must advertise it as       of their rights and responsibilities
a rooming house, and not any other        • ensure that if a resident has paid
type of accommodation.                      a bond, it has been lodged with
                                            the Residential Tenancies Bond
Inspections                                 Authority
                                          • ensure it meets minimum
A rooming house will initially be
                                            standards.
inspected by an authorised officer
from the local council.                   A building inspection may be
                                          conducted by:
Other inspections may then take place
for health, building safety or other      • an MBS from the local council
reasons, and may happen randomly          • a PBS appointed by the rooming
or in response to a complaint.              house operator.

                                                                                   17
Rooming houses: A guide for residents and operators

A building fire safety inspection may
also be conducted by the Metropolitan                 For information about
Fire Brigade or Country Fire Authority.               notices and orders that
                                                      may be issued by an
The inspector may look for things
                                                      MBS or PBS, operators
such as:
                                                      should contact the building
• the general state of repair                         department of their local council.
• ventilation
• fire hazards                                   A health inspection by an
• the prominent display of essential             environmental health officer from the
  health, building and fire safety               local council or Department of Health
  measures                                       and Human Services will look at things
• fire prevention systems, including             such as:
  smoke detectors
                                                 •    the register of residents
• emergency lighting and exits
                                                 •    the number of bathrooms
• any other matters that may risk the
                                                 •    general hygiene
  life, safety or health of anyone using
                                                 •    room size
  the building.
                                                 •    rubbish collection
Operators must keep records of                   •    pest control
maintenance of essential safety
                                                 •    adequate supply of hot and
measures and the current essential
                                                      cold water.
safety measures report, as these
are likely to be requested during an             An inspection may result in an
inspection. Operators face penalties             operator being given a written
if they do not keep adequate records.            order or notice to carry out work.

An MBS or PBS may issue an operator
with a building notice or building order
if they believe the rooming house
does not comply with the Building
Regulations and is therefore unsafe.

18
When a resident moves in

                           19
Rooming houses: A guide for residents and operators

Operators must give new                          3. Written statement outlining the
                                                 resident’s main rights and duties
residents certain forms and
publications when they start                     This statement must be displayed in
                                                 every resident’s room and given to an
living at the rooming house.
                                                 occupant no later than the day they
                                                 agree to start living at the rooming
What must an operator                            house. Copies of this statement are
give a resident?                                 also available from Consumer Affairs
                                                 Victoria and Tenants Victoria. See
1. This guide
                                                 Consumer Affairs Victoria contact
An operator must give a copy of                  details on the back cover and Tenants
Rooming houses: A guide for residents            Victoria contact details on page 46.
and operators to every new resident,
either before or on the day they move            4. House rules
in. However, if a person has entered
into a valid tenancy agreement, they             An operator may choose to have a
are then a tenant, and must be given             set of house rules, which describe the
a copy of Renting a home: A guide for            rules the residents must follow. The
tenants instead.                                 house rules usually include things
                                                 such as:

     Copies of this guide                        • respecting other residents’ right
     and Renting a home:                           to peace and quiet
     A guide for tenants                         • not damaging any property or
     are available from                            acting violently
     Consumer Affairs Victoria.                  • keeping rooms clean
     consumer.vic.gov.au/forms                   • not using rooms for illegal purposes.
                                                 Residents must be given a copy of
                                                 the house rules on or before the day
2. Operator’s contact details                    they agree to move in, and they must
These include the operator’s full name,          be prominently displayed in each
address and an emergency telephone               resident’s room.
number (an operator must also let                If an operator wants to make
residents know of any changes to their           changes to the house rules, they
contact details within seven days).              must notify the resident in writing
If the operator employs an agent, then           at least seven days before the
residents must be given the agent’s              changes come into effect.
full name and address.

20
When a resident moves in

                                           1. Lodging the bond using an
  If a resident believes                      ‘Electronic transaction’ via RTBA
  any of the house rules                      Online. Once the operator has
  are unreasonable, they                      lodged the bond, the resident will
  may apply to the                            get an email with a link to a secure
  Victorian Civil and                         website where they can accept,
  Administrative Tribunal (VCAT)              request changes to, or reject the
  to hear the matter. For more                transaction. Once the resident
  information, see ‘Using VCAT’               accepts the transaction, the bond is
  on page 43.                                 lodged and the RTBA will email the
                                              resident a receipt and ID number.
                                           2. Lodging the bond on a paper
5. ‘Notice to Proposed Rooming                form. The operator must give the
House Resident’ forms                         resident a completed and signed
These forms explain to a resident if          official ‘Bond lodgement’ form to
they have either an exclusive right to        sign. Once this is done, the operator
their room, or if they may be sharing it      must give the resident a copy. The
with others. The forms are available at       RTBA will send the resident a receipt.
consumer.vic.gov.au/forms.                    Residents should contact the RTBA
                                              if they have not received a receipt 15
6. A notice outlining the costs of any        business days after paying the bond.
extra services the operator provides
This may include things such as room         ‘Bond lodgement’
cleaning, linen or meals. If a resident      forms can be
uses these extra services, the operator      generated on the
must provide them with an itemised           RTBA Online website at
account detailing their use.                 rentalbonds.vic.gov.au.

Charging a bond                            If the bond is lodged electronically,
An operator may ask a resident to          the resident pays the bond money
pay a bond before the resident starts      to the operator who will then lodge
living at the rooming house, but it        it with the RTBA on their behalf. The
cannot be more than the equivalent of      resident should keep a record of this
14 days’ rent. The operator must lodge     transaction. If you are completing a
the bond money with the Residential        paper form, payment can be made
Tenancies Bond Authority (RTBA)            directly to the RTBA by cheque or
within 10 business days of receiving it.   money order. The postal details are
                                           under ‘Residential Tenancies Bond
There are two ways that an operator        Authority (RTBA)’ on page 46 and on
can lodge a bond with the RTBA:            the ‘Bond lodgement’ form.

                                                                                   21
Rooming houses: A guide for residents and operators

The RTBA will hold onto the bond
during the time a resident lives in                   Consumer Affairs
the rooming house.                                    Victoria provides
                                                      ‘Condition Report’
                                                      forms.
Bonds from the Director of Housing
If a resident is on a low income and             This form allows the resident and
can afford to rent privately, but is             operator to record the room’s
struggling to pay the up-front costs,            condition and write down any damage
they may be eligible for a bond loan             before the resident moves in.
from the Director of Housing (DoH).
                                                 The ‘Condition Report’ is important
A DoH ‘Bond Loan Voucher’ must                   because it will be used as evidence if
be used for any part of the bond                 there is a future dispute about who
provided by the DoH. The DoH will                should pay for any cleaning, damage
issue the voucher when a bond loan               or replacement of missing items. It can
is approved.                                     also help decide how a bond should be
If a resident also contributes to the            repaid at the end of a residency.
bond, a separate ‘Bond lodgement’                An operator must give the resident
form must be completed and sent to               two completed and signed copies of
the RTBA within 10 business days.                the ‘Condition Report’. The resident
A resident can find out if they are              then has the right to:
eligible for a DoH bond loan by                  • check and add comments
contacting HousingVic – see contact                to the ‘Condition Report’
details on page 45.                              • state whether they agree with
                                                   what the operator has written.
Difference between bond and rent                 Once the resident is happy with the
The bond and rent are separate                   ‘Condition Report’, they must sign and
payments. A resident must not use                give one copy back to the operator
any part of the bond as rent.                    within three days of moving into the
                                                 rooming house. The resident should
                                                 keep the other copy until the end of
Condition Report
                                                 their time at the rooming house.
If an operator charges a bond from
a resident, they must complete a                      Even if there is no bond,
‘Condition Report’ with the resident.                 Consumer Affairs
                                                      Victoria recommends
                                                      the use of a ‘Condition
                                                      Report’.

22
During a resident’s stay

                           23
Rooming houses: A guide for residents and operators

Residents and operators have
                                                      Operators must not
legal obligations regarding rent,                     keep a resident’s
entering a room, issuing notices                      goods or documents
and other matters. Some of                            to cover any rent
these obligations will differ if                      owed. This includes
an occupant has entered into                          items such as passports, licences
                                                      and other forms of personal
a valid tenancy agreement.
                                                      identification. If an operator
In such cases, the occupant                           tries to keep any of these things,
is not a resident but a tenant.                       residents should immediately
An operator’s legal obligations                       contact Consumer Affairs
regarding tenants are covered                         Victoria:
in Renting a home: A guide                            consumer.vic.gov.au/contact-us
for tenants.                                          1300 55 81 81

Rent
In most cases, a resident will have to
                                                 Receipts for rent
pay their rent in advance. An operator           An operator, agent or any other
cannot ask for more than 14 days’ rent           person who accepts payment must:
in advance and they face penalties if
                                                 • give the resident a receipt:
they do.
                                                   – immediately, if the resident
A resident must pay their rent and                    pays in person
continue to pay it when it is due.                 – within five business days, if the
If a resident does not pay rent by                    resident does not pay in person
the due date, the operator may give                   but asks for a receipt
them a ‘Breach of Duty’ notice for not           • keep a record of the payment for
paying their rent on time. If the rent             12 months and, on request, give the
is seven or more days behind, the                  tenant or resident a copy of the
operator can then give the resident a              record within five business days.
minimum two-day ‘Notice to Vacate’.              The rent receipt must include:
                                                 •    the operator’s name and signature
                                                 •    the resident’s name
                                                 •    the address of the rooming house
                                                 •    the date of payment

24
During a resident’s stay

• the name of the resident
  making the payment                       Operators must advise
• the period the payment covers            residents of any rent
• how much was paid                        increase using a valid
                                           ‘Notice of Rent Increase
• a statement that it is a receipt
                                           to Resident/s of Rooming
  for rent.
                                           House’ form, available from
If a resident has not paid their rent      Consumer Affairs Victoria:
in person and has not requested a          consumer.vic.gov.au/forms
receipt, they have up to 12 months
after they paid to ask for a receipt.      1300 55 81 81

Operators must keep records of
all rents they receive for at least
                                         Adding more residents
12 months.
                                         to a room
Changing the rent amount                 If a resident has an exclusive right
                                         to their room, an operator may only
An operator can increase the rent        add more residents to the room with
only once in any six-month period,       the resident’s permission.
and must give the resident at least
60 days’ written notice telling them     To change a resident’s status
of this increase.                        from exclusive to a shared room
                                         right, the operator must give the
However, an operator and resident        resident a ‘Consent to Increase in
may agree to an increase without this    Room Capacity’ form and get their
notice if a resident requests extra      permission to bring other people into
services, such as bed linen or meals.    the room.
This agreement must be in writing
and signed by both parties.              The form:

If an operator provides these services   • asks for all affected residents
temporarily, they must lower the           to agree (residents do not have
rent again once they stop providing        to agree)
them. The operator and resident          • offers a lower rent, starting from
should agree on the new rent amount.       the date of the change
However, if they cannot agree, either    • informs residents that the operator
party may apply to the Victorian Civil     has the right to choose the other
and Administrative Tribunal (VCAT)         residents of the room.
to hear the matter and make a ruling.

                                                                                 25
Rooming houses: A guide for residents and operators

                                                 Applying for a rental
     If a resident believes                      assessment
     the rent is still too high,
     they may apply to                           A resident may ask Consumer Affairs
     Consumer Affairs                            Victoria for a rental assessment if
     Victoria for a rent                         the operator:
     assessment.                                 • increases the number of people
                                                   in the room and does not reduce
Every affected resident must sign                  the rent
this form before the change can                  • increases the number of people in
happen. A resident may change their                the room and the resident thinks
mind within three days of agreeing to              the rent is still too high
share their room. The notice seeking             • and resident cannot agree on
permission is valid for 14 days.                   the reduced rent amount
                                                 • gives the resident a ‘Notice of Rent
If residents agree, they may start
                                                   Increase’ and the resident thinks
sharing their room seven days after
                                                   the increase is too high.
the last resident agrees to the change.
                                                 The resident must ask for a rent
The number of people sharing a
                                                 assessment in writing within 30 days
room cannot be increased if:
                                                 of receiving the ‘Consent to Increase
• the operator does not use a                    Room Capacity’ form or the ‘Notice
  valid notice                                   of Rent Increase to Resident/s of
• consent is not given by all                    Rooming House’ form.
  residents in the room
                                                 Consumer Affairs Victoria will
• it results in overcrowding (for                then give the resident a report. If
  more information, see ‘Space                   the report says the rent is too high
  requirements in rooming houses’                and the operator still disagrees, the
  on page 16).                                   resident may apply to VCAT within
                                                 30 days of getting the report.

                                                 Repairs and maintenance
                                                 Residents have the right to
                                                 an acceptable standard of
                                                 accommodation.
                                                 If a resident requires repairs to the
                                                 property, they should inform the
                                                 operator as quickly as possible.

26
During a resident’s stay

A resident must keep paying rent,           • an appliance, fitting or fixture that
even while waiting for repairs to be          is not working properly and causes
done. If the matter has gone to VCAT,         a lot of water to be wasted
a resident can ask for the rent to go       • a serious fault in a lift or staircase.
into the Rent Special Account until the
issue is resolved.
                                               Steps a resident can
                                               take to have an urgent
Who is responsible for repairs?                item repaired:
Operators are responsible for urgent           1. Advise the operator
and non-urgent repairs.                           as soon as possible, who
                                                  must respond immediately.
However, if a resident has caused the
damage, the operator may ask them              2. If the resident reasonably
to pay for the repairs. An operator               believes the repair is urgent
must still pay for the repairs until they         and they are not getting a
are compensated, as otherwise they                prompt response from the
may not be meeting their obligations              operator, the resident can
to other residents.                               authorise the repair for an
                                                  amount of up to $1,800.
                                               3. The resident can then give
Urgent repairs                                    the operator a notice asking
Urgent repairs are:                               that they pay them back for
                                                  the cost of the urgent repairs.
• a burst water service                           The operator has 14 days to
• a blocked or broken toilet system               pay from the date they receive
• a serious roof leak                             the notice.
• a gas leak                                   4. If the operator does not
• a dangerous electrical fault                    complete the urgent repairs
                                                  and the resident cannot afford
• flooding or serious flood damage
                                                  to pay for them, and if they
• serious storm or fire damage
                                                  are going to cost more than
• a failure or breakdown of any                   $1,800, the resident may apply
  essential service or appliance                  to VCAT, which will hear the
  relating to water, cooking, heating             matter within two business
  or washing clothes                              days. VCAT can then order the
• a failure or breakdown of the gas,              operator to arrange and pay
  electricity or water supply                     for the repairs.
• any fault or damage that makes the
  rooming house unsafe or insecure

                                                                                      27
Rooming houses: A guide for residents and operators

Non-urgent repairs
                                                      Communication
Any type of repair not mentioned
                                                      regarding repairs
in the ‘Urgent repairs’ section
is generally considered to be                         All communication
a non-urgent repair.                                  regarding repairs
                                                      should be in writing. Residents
Residents should use Consumer                         and operators can use electronic
Affairs Victoria’s ‘Notice to Owner                   communication (for example,
of Rooming House’ form to ask the                     email) if both parties give
operator to fix a non-urgent repair.                  prior consent to do so. Make
The operator then has 14 days to                      sure that consent to electronic
carry out the repair. If the operator                 communication is in writing.
does not fix the problem within this                  For relevant forms and help
time, the resident may send a copy                    completing them, residents
of the notice to Consumer Affairs                     should contact Consumer Affairs
Victoria, with a letter asking for an                 Victoria:
inspection and report.                                consumer.vic.gov.au/forms
If the operator does not carry out                    1300 55 81 81
the repair even after the report from
Consumer Affairs Victoria, the resident
has 60 days to apply to VCAT for a               Who pays utility bills?
repair order.
                                                 Generally, the operator is
                                                 responsible for paying water,
                                                 gas and electricity bills.
                                                 An operator may only charge a
                                                 resident for a utility if the room has
                                                 separate meters and if the resident
                                                 has an exclusive right to the room.
                                                 In these cases, the operator must
                                                 not charge the resident more than
                                                 what the utility provider charges
                                                 the operator.

28
During a resident’s stay

Entry rights                             An operator may enter a resident’s
                                         room without notice if:
In most cases, the operator must give
the resident 24 hours’ notice before     • the resident gives permission
entering their room. The notice:         • there is an emergency situation
                                           and entry to the room will save life
• must be in writing
                                           or valuable property
• must state the reason for entry, and
                                         • they are delivering services, such
• can be given by post, electronic
                                           as bed linen.
  communication (for example,
  email) or delivered personally
  between 8am and 6pm.                     Note:
  Remember, both parties have              When an operator
  to give prior consent to use             enters a room, they
  electronic communication. Make           must do so in a
  sure that consent to electronic          reasonable manner
  communication is in writing.             and not stay for any longer
                                           than necessary to achieve
An operator may enter a room               the purpose of their stay.
between 8am and 6pm, except
on public holidays.
An operator may enter because:
                                         If someone breaks the rules
                                         Both residents and operators can
• a resident is vacating and the
                                         give a ‘Breach of Duty’ notice to the
  operator wants to show the room
                                         other person if that person has not
  to potential new residents
                                         met certain obligations under the
• the property is being sold or used     Residential Tenancies Act 1997. Once
  as security and the operator wants     a ‘Breach of Duty’ has been given, the
  to show it to a prospective buyer      person who received it must fix the
  or lender                              situation. Contact Consumer Affairs
• the operator needs to do something     Victoria for information on how to
  the law requires them to do            issue a ‘Breach of Duty’ notice.
• they reasonably believe the
  resident has not met their legal
                                           Breach of Duty’ notices
  duties
                                           are available from
• they wish to inspect the room and
                                           Consumer Affairs
  have not done so within the past
                                           Victoria.
  four weeks.
                                           consumer.vic.gov.au/forms
                                           1300 55 81 81

                                                                                  29
Rooming houses: A guide for residents and operators

A resident may issue a ‘Breach                   • keeping a pet without the
of Duty’ if an operator:                           operator’s consent
                                                 • not giving the operator a key
• is not keeping facilities in good
                                                   to their room
  condition
                                                 • not following the house rules.
• has inconvenienced or disrupted
  them during repairs or renovations             If an operator has served two ‘Breach
• does not provide substitute facilities         of Duty’ notices for the same breach
  during repairs or renovations                  and the resident still does not fix the
• does not give the resident 24-hour             problem, the operator may then issue
  access to their room or bathroom               them with a ‘Notice to vacate’.
• is not respecting their right to
  privacy, peace and quiet                       Respecting privacy
• is not keeping their belongings safe           Residents have a right to privacy,
• does not provide information                   peace and quiet. This means that
  required by the Residential                    they must not unnecessarily disturb
  Tenancies Act 1997                             other residents.
• does not give them at least seven
                                                 The operator must also respect a
  days’ written notice of proposed
                                                 resident’s right to privacy, peace
  changes to the house rules
                                                 and quiet.
• does not take steps to ensure
  residents follow the house rules.
                                                 Security of goods
An operator may issue a ‘Breach
                                                 An operator must take all reasonable
of Duty’ if the resident is:
                                                 steps to make sure that a resident’s
• using the room for non-residential             property is secure, especially in a
  purposes                                       shared room.
• not paying their rent on time
• interfering with the peace and                      If a resident thinks
  quiet of other residents                            their property is not
• not keeping their room clean and                    safe, they can contact
  clear of health or fire hazards                     Consumer Affairs
• installing fixtures without the                     Victoria:
  operator’s written permission                       consumer.vic.gov.au/contact-us
• not notifying or compensating
                                                      1300 55 81 81
  the owner for any damage caused
  by them or their visitors

30
When a resident is leaving

                             31
Rooming houses: A guide for residents and operators

When a resident wants to leave
                                                      When giving notice, a
the rooming house, they must                          resident should use the
give the appropriate notice.                          ‘Notice to Owner of
An operator must also give                            Rooming House’ form,
the right notice if they want a                       available from Consumer
resident to vacate. Occupants                         Affairs Victoria.
who have entered into a valid                         consumer.vic.gov.au/forms
tenancy agreement are classed
as tenants, and different notice                 A resident must pay the rent and
periods may apply. In such                       any other charges up until the day
                                                 they told the operator they would be
cases, owners and tenants
                                                 leaving.
should refer to Renting a home:
A guide for tenants.                             If a resident leaves without giving
                                                 notice and the room remains empty,
                                                 they may have to pay rent for
When a resident wants to leave                   two days after they leave, unless
A resident must give an operator at              another person moves into the
least two days’ notice if they want to           room immediately.
leave the rooming house.
However, if the rooming house                    Abandoning the room
becomes unsafe to live in for any                If a resident abandons their room and
reason, the resident may leave                   it has been 14 days since their last rent
immediately.                                     payment was due, the operator may
The resident can tell the operator               rent the room to someone else.
they are leaving in person but, if the           The operator may also to apply to
operator asks, the resident must give            the Victorian Civil and Administrative
notice in writing.                               Tribunal (VCAT) to allow them to rent
                                                 the room to someone else.

32
When a resident is leaving

When an operator asks                     Table 3: When an operator may
a resident to leave                       issue a ‘Notice to Leave’

When an operator asks a resident           Reason for issuing
to leave the rooming house, they           a ‘Notice to Leave’
                                           (must be issued as
must use either a ‘Notice to Leave’ or
                                           soon as possible
‘Notice to Vacate’, depending on the       after one of the
situation. These forms are available       below has occurred)      Notice required
from consumer.vic.gov.au/forms.
                                           The resident or their    Immediate
Table 3 (next column) shows when an        visitors:
operator may issue a ‘Notice to Leave’.    • have committed
The notice bans the resident from            a serious act of
the rooming house for two days. The          violence
resident may return after two days if      • are putting others’
the operator does not apply to VCAT          safety in danger.
for a hearing.

                                                                                    33
Rooming houses: A guide for residents and operators

Table 4 shows when an operator may issue a resident with a ‘Notice to Vacate’.

Table 4: When an operator may issue a ‘Notice to Vacate’
 Reason for issuing a ‘Notice to Vacate’                    Notice required

 The resident or their visitors are:                        Same day
 • putting others’ safety in danger (unless a ‘Notice to
   Leave’ has been given for this reason)
 • causing serious disturbance to the peace and quiet of
   other residents.

 The resident or their visitors cause serious damage to     Same day
 the house intentionally or recklessly.

 The resident owes at least seven days’ rent.               2 days

 The room is being used for illegal purposes.               2 days

 The resident does not comply with a VCAT                   2 days
 compliance order or compensation order.

 The resident has already been given two ‘Breach of Duty’   2 days
 notices and the same duty is breached again.

 The rooming house mortgagee gains possession of the        28 days
 rooming house.

 The rooming house is to be sold immediately after          60 days
 the termination date with vacant possession or other
 relevant condition.

 The operator is doing maintenance or construction work     60 days
 and:
 • has received all relevant permits
 • needs an empty room to do the works
 • does not have an equivalent room available to provide
   the resident.

 VCAT has made an order requiring the operator to serve     At least 120 days (The
 the notice.                                                operator must provide the
                                                            minimum number of days’
                                                            notice that is indicated in
                                                            the VCAT order)

 The operator has no licence to operate a rooming house.    120 days

 No specified reason.                                       120 days

34
When a resident is leaving

                                            Can a resident challenge
  An operator cannot                        a ‘Notice to Vacate’?
  give a resident notice
                                            If a resident is given a ‘Notice
  to vacate if the
                                            to Vacate’ and they think it is
  resident is using their
                                            unreasonable, they may apply
  legal rights, or saying
                                            to VCAT within 30 days of getting
  that they will.
                                            that notice.

                                              For more information
  Sometimes, a rooming                        about challenging a
  house operator rents                        notice, residents can
  the building from                           contact Consumer
  somebody else. In such                      Affairs Victoria:
  cases, the owner of the                     consumer.vic.gov.au/contact-us
  building may give the rooming
  house operator a ‘Notice to                 1300 55 81 81
  Vacate’. If the building owner
  wants the residents to leave,             How is notice given?
  they must give them at least
  45 days’ notice.                          When sending a notice, the minimum
                                            notice period starts the day after the
                                            notice is:
                                            • given by hand or sent via
When a resident’s notice
                                              electronic communication such
period runs out
                                              as email (Note: this requires both
If an operator gives a resident valid         parties to give prior consent,
notice and the resident has not left          preferably in writing), or
the rooming house by the due date,          • calculated to have been given
the operator may apply to VCAT for            when sent by ordinary post or
a possession order.                           registered post.
An operator may also apply to VCAT          To calculate the earliest termination
if the resident has given notice of their   date, you must allow a total time that
intention to vacate, and they are still     includes both:
in the room seven days after the end
                                            • delivery of the notice (delivery is
date on their notice.
                                              the day it is given by hand, or sent
                                              via electronic communication such
                                              as email, or the day it would be
                                              received by post), and
                                            • the required minimum notice.

                                                                                     35
Rooming houses: A guide for residents and operators

The date the notice takes effect is              Table 5 shows the number of days
the day after the minimum notice                 residents and operators should allow
period ends.                                     when delivering a notice, with a
                                                 minimum notice period of 28 days.
Australia Post has three delivery
speeds for ordinary post – express,
priority and regular. Priority and               Can a resident be
regular speeds also apply for                    forced to leave?
registered post, which must be
                                                 Suspending or evicting a
used if sending a notice to vacate.
                                                 resident using a ‘Notice to Leave’
Residents and operators who post
                                                 If an operator reasonably believes a
notices, such as Notices to vacate,
                                                 resident or their visitor has committed
should factor in longer mail delivery
                                                 a serious act of violence or put the
times which reflect the chosen
                                                 safety of other occupants in danger,
delivery speed. Extra days should
                                                 the operator may give an official
also be added for any public holidays
                                                 ‘Notice to Leave to Resident/s of
that fall within the postal period.
                                                 Managed Premises or Resident’s
For more about Australia Post’s mail             Visitor’ form. This suspends
delivery options and times, visit                the residency.
auspost.com.au
                                                 The resident or their visitor must then
To help calculate the total minimum              leave the rooming house and are not
days to allow, depending on the notice           allowed back for two days. During this
period required and the method of                time, the operator may apply to VCAT
postal delivery, visit www.vcat.vic.             to ask that the resident or their visitor
gov.au/resources/giving-notices-                 not be allowed back permanently.
residential-tenancies-list

Table 5: Total number of days to allow if the minimum notice period is 28 days
                              Posted                  Posted                Posted
 Method of delivery      Sunday or Monday        Tuesday to Friday         Saturday

 Regular post                     34                    36                    35

 Priority post                    32                    34                    33

 Given by hand                    30                    30                    30
 or sent via email

36
When a resident is leaving

                                        If the resident has not left by the date
  It is an offence for a                given on the ‘Notice to Vacate’, the
  resident or their visitor             operator may apply to VCAT for an
  to return to the                      ‘Order for Possession’.
  rooming house during
  the suspension period.                This order may instruct the resident to
                                        vacate. It may also allow the operator
                                        to get a ‘Warrant for Possession’,
The resident must continue to pay       which may then be carried out by
rent and other charges during the       the police to evict the resident.
suspension period. If VCAT decides
that the resident should not have
been suspended, the operator must         Important:
let them back into the rooming house.     The only legal way to
                                          evict a resident is by
During the suspension period, the         applying to VCAT. An
operator may apply to VCAT to evict       operator cannot use
the resident. The operator must           force or any other method to try
do this within two business days          to remove a resident. Only the
of serving the notice. Until VCAT         police can carry out an eviction,
decides the matter, the resident          and only when they are acting
must stay out of the rooming house.       on a ‘Warrant for Possession’
The resident must contact VCAT as         issued by VCAT.
soon as possible to find out the date
and time of the hearing.
If the operator does not apply to         Facing eviction?
VCAT to permanently evict the
                                          If you are facing
resident, the resident may return
                                          eviction and do not
to the rooming house once the
                                          know what to do,
suspension has finished.
                                          contact Consumer Affairs
                                          Victoria immediately. Consumer
Evicting a resident using                 Affairs Victoria can provide
a ‘Notice to Vacate’                      information, or direct you to
If an operator wishes to evict a          other organisations that can
resident, they must first give them       help.
an appropriate ‘Notice to Leave’ (as
                                          consumer.vic.gov.au/contact-us
outlined in Suspending or evicting a
resident using a ‘Notice to Leave’ on     1300 55 81 81
page 36) or ‘Notice to Vacate’.

                                                                                 37
After a resident has left

38
After a resident has left

After a resident leaves the              An operator cannot make a claim
                                         on the bond for fair wear and tear.
rooming house, the resident and
operator must decide what to             Residents and operators should try
do with any bond repayments              to work out how the bond money is to
                                         be distributed. If they cannot agree,
or goods left behind.
                                         either party may apply to VCAT to
                                         decide the matter.
Repaying the bond
If a resident has left the property in   Repaying bonds from
a good condition and paid all their      the Director of Housing
rent, then the operator must arrange
                                         If the DoH has provided the bond, a
to repay them their bond, if they
                                         resident cannot agree to release any
paid one.
                                         of the bond to the operator. The RTBA
The operator and resident must           will pay out the bond to the DoH at the
complete and sign a ‘Bond claim’ form    end of the tenancy, once it receives
(paper form), or accept (online), and    the completed ‘Bond claim’ form
send it to the Residential Tenancies     signed by the operator.
Bond Authority (RTBA).
                                         If a ‘Bond claim’ form is not lodged,
                                         the DoH may not know that the
  ‘Bond claim’ forms                     resident has left the rooming house;
  can be generated                       in these cases, the bond will remain
  from the RTBA                          registered as an outstanding debt
  Online website at                      against the resident.
  rentalbonds.vic.gov.au                 If the ‘Bond claim’ form is never
                                         lodged, the bond remains with the
An operator may apply to the             RTBA. If a resident then applies for
Victorian Civil and Administrative       another bond, DoH will note that there
Tribunal (VCAT) to make a claim          is an outstanding amount from the
on the bond if the resident:             previous loan.

• or their visitors have caused          If an operator wants to be paid money
  damage to the rooming house            from a DoH bond, they may apply to
• has not kept their room clean          VCAT to make a decision.
• abandons the premises
• leaves unpaid bills
• loses or damages the operator’s
  goods
• has not paid all their rent.

                                                                                  39
Rooming houses: A guide for residents and operators

Goods left behind
                                                      If an operator believes
If a resident leaves any belongings
                                                      that the goods may
or personal documents behind, they
                                                      have monetary value or
should make arrangements with the
                                                      is unsure of their value,
operator to collect them.
                                                      they should request an
An operator cannot refuse to give                     inspection of goods left behind
back a resident’s goods, even if the                  from Consumer Affairs Victoria.
resident owes rent. If a resident suffers             The inspector will examine the
a loss because an operator did not                    goods and tell the operator what
comply with the law, the resident may                 to do with them.
apply to VCAT for compensation.
The resident must pay back any
reasonable costs an operator incurred            Documents left behind
by storing or moving the goods.                  The rules for documents left behind
                                                 are slightly different, as these must
Belongings left behind                           be stored for 90 days. Documents
                                                 include:
An operator may remove and dispose
of the belongings a resident leaves              •    marriage and divorce certificates
behind, but only if they are:                    •    educational certificates
• perishable foodstuffs                          •    birth certificates
• dangerous                                      •    passports
• of no monetary value.                          •    medical records
                                                 •    computer hard drives
An operator must:
                                                 •    USB memory sticks
• take reasonable care of any                    •    CDs and DVDs
  other belongings left behind                   •    still and video cameras
• take reasonable steps to notify a              •    electronic data storage devices
  former resident of when and where              •    photographs
  they can collect those goods.
                                                 •    personal memorabilia.
If a resident does not claim their
                                                 An operator must try to notify the
goods after 28 days, the operator may
                                                 resident to let them know when
sell the goods. They may then apply
                                                 and where the documents can
to VCAT to get back any storage,
                                                 be collected.
advertising and sale costs.

40
After a resident has left

Leaving a forwarding address
It is a good idea for a resident to leave
                                            Closing down
a postal address and phone number           a rooming house
when they leave the rooming house.          If an operator wants
                                            to close down their
The resident should leave their             rooming house, they must follow
new contact details with:                   the appropriate notice periods,
• the rooming house operator                as given in ‘Table 4: When an
• VCAT                                      operator may issue a ‘Notice
                                            to Vacate’ on page 34.
• the RTBA (via the ‘Bond claim’ form).
                                            An operator should also contact
This will make it easier for these
                                            their local council and tell them
people or organisations to contact
                                            they are closing their rooming
the resident for any reason, especially
                                            house. This will allow the council
if the resident is to receive bond
                                            to contact relevant agencies
money or is scheduled to appear
                                            who may be able to arrange
at a VCAT hearing.
                                            new accommodation and other
                                            support for residents.

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