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 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 After this, information in this guide will be out of date.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 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 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 5
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 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. 41
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