Residential Tenancies Amendment Act 2010

Residential Tenancies Amendment Act 2010

No. 67 of 2010

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendments to Parts 1 and 4 of the Principal Act

Division 1—Amendments to Part 1—Preliminary

4Purposes

5Definitions

Division 2—Amendments to Part 1—Residential Tenancies—Tenancy agreements

6Application of Act to site agreements

Subdivision 4—Application to site agreements

23AApplication of Act to assignees and transferees

23BSite agreements exceeding 5 years

23CPart 4A site used under contract of employment

23DPart 4A site used primarily as a residence

23EPart 4A site used for holidays

23FPrescribed Part 4A sites and prescribed site agreements

23GCertain provisions not to apply to site agreements

7Application for exemption

8Order of Tribunal

Division 3—Amendments to Part 4—Caravan parks and movable dwellings—Residency rights and duties

9New Division 1AA of Part 4 inserted

Division 1AA—Application of Part

143AAApplication of Part to caravan parks and movable dwellings

Part 3—New Part 4A

10New Part 4A inserted

Part 4A—Site Agreements and Site–Tenant Owned Dwellings

Division 1—General requirements for site agreements

206BRightsof site tenants

206CPart 4A dwelling not a fixture

206DCrown land

206ESite agreements to be in writing

206FTerms of site agreement

206GHarsh and unconscionable terms

206HMinimum terms for site agreements in new parks

206ISite agreement consideration period

206JCooling off period

Division 2—Bonds

206KWhat is the maximum bond?

206LApplication to increase maximum amount of bond

206MTribunal may determine maximum bond

206NNot more than one bond is payable in respect of continuous occupation

206OCondition report

206PCondition report is evidence of state of repair

206QCertain guarantees prohibited

206RMaximum amount of certain guarantees

Division 3—Rents and other charges

206SRent, fees and charges under site agreements

206TLimit on rent in advance

206UReceipts for rent

206VHow much notice is required of rent increase?

206WSite tenant may complain to Director about excessive rent

206XApplication to Tribunal about excessive rent

206YWhat can the Tribunal order?

206ZPayment of increased rent pending Tribunal decision

206ZAAdditional charge

206ZBRent must be reduced if services are reduced

206ZCSite tenant's goods not to be taken for rent

Division 4—Other charges

206ZDFee for supply of key

206ZESite tenant's liability for electricity, gas and water charges

206ZFSite owner's liability for electricity, gas and water charges

206ZGReimbursement

206ZHSite owner must not seek overpayment for utility
charges

Division 5—General duties of site tenants

206ZISite tenant's use of site

206ZJSite tenant must not use site for illegal purpose

206ZKSite tenant's duty to pay rent

206ZLQuiet enjoyment—site tenant's duty

206ZMSite tenant must keep site clean

206ZNSite tenant must not erect structures

206ZOSite tenant must notify site owner of and compensate
for damage

206ZPNumber of persons residing on Part 4A site

206ZQSite tenant must observe Part 4A park rules

Division 6—General duties of site owners

206ZRSite owner must give tenant certain information

206ZSPart 4A site plans

206ZTSite owner must provide access

206ZUQuiet enjoyment—site owner's duty

206ZVSite owner must keep Part 4A park clean

206ZWDuty of site owner to maintain communal areas

206ZXSite owner to give additional information

Division 7—Part 4A park rules

206ZYSite owner may make Part 4A park rules

206ZZAmendment of Part 4A park rules

206ZZA What if the Part 4A park rules are thought to be unreasonable?

Division 8—Site tenants' committees

206ZZB Participation in site tenants' committee

206ZZCSite owner's duties to site tenants' committees

Division 9—Assignment and sub-letting

206ZZDAssignment by a site tenant

206ZZESub-letting by a site tenant

206ZZFSite tenant may apply to Tribunal

206ZZGSite owner cannot ask for fee for giving consent

206ZZHSale of Part 4A dwelling

Division 10—Rights of entry

206ZZIEntry of Part 4A site and Part 4A dwelling by site owner

206ZZJGrounds for entry of Part 4A site

206ZZKManner of entry

206ZZLWhat must be in a notice of entry?

206ZZMSite tenant has duty to permit entry

206ZZNWhat if damage is caused during entry?

206ZZOWhat if a person exercising right of entry fails to comply with Division?

206ZZPOffence relating to entering a site occupied by asite tenant

Part 4—Amendments Consequential on New
Part4A

Division 1—Amendments to Part 5—Compensation and compliance

11Definitions in Part 5

12Breach of duty notice

13Tribunal must hear application urgently

14New section 210B inserted

210BApplication to Tribunal by site tenant or site owner for compensation

15Matters which may be considered by Tribunal

16Orders of Tribunal

17New section 213AA inserted

213AACompensation for unpaid rent under site agreement

18Application for payment of rent arrears or hiring charge arrears from bond

19Application to Tribunal for loss or damage

20New section 214A inserted

214ACompensation for loss of rent under terminated site agreement

21What powers does a court have to award compensation?

Division 2—Amendments to Part 6—Termination

22New Division 3A of Part 6

Division 3A—Termination of site agreements in Part 4A parks

Subdivision 1—When can a site agreement be terminated?

317ATermination of site agreement

317BTermination by agreement

317CTermination by consent

317DTermination after notice to vacate

317ETermination by abandonment

317FTermination if Part 4A site is sub-let

317GTermination if site owner not owner of site

317HTermination by merger

317ITermination by disclaimer

317JTermination by site tenant before occupation or use

317KOffences relating to interference with rights

Subdivision 2—Variations or creations of site agreement

317LCreation of periodic site agreement

317MApplication for new site agreement because of final family violence intervention order

317NTribunal orders for application made under section317M

317OTribunal may determine parties' liability under terminated site agreement

317PCross-examination in proceedings for a new site agreement

317QReduction of fixed term site agreement

Subdivision 3—Notice of intention to vacate or
abandonment by site tenant

317RNotice of intention to vacate

317SNotice to have no effect in certain circumstances

317TReduced period of notice of intention to vacate in
certain circumstances

317UFailure of site owner to comply with Tribunal order

317VSuccessive breaches by site owner

317WOrder of abandonment

Subdivision 4—Notice by site owner or mortgagee

317XDamage

317YDanger

317ZDisruption

317ZAFailure to comply with Tribunal order

317ZBSuccessive breaches by site tenant

317ZCUse of Part 4A site for illegal purpose

317ZDAssignment or sub-letting without consent

317ZENotice by land owner

317ZFNotice under fixed term site agreement

317ZGNotice under periodic site agreement

317ZHNotice of no effect

317ZINotice by mortgagee of Part 4A park

23Form of notice of intention to vacate

24Form of notice to vacate

Division 3—Amendments to Part 7—Regaining possession—possession orders and warrants

25New section 324A inserted

324AApplication for possession order by site owner

26Application for possession order by mortgagee

27Time for application

28Applications where composite notice to vacate is given

29Order of Tribunal

30Order to be dismissed or adjourned in certain circumstances

31Order not to be made in certain circumstances

32Contents of possession order

33Effect of possession order

34Issue of warrant of possession

35Postponement of issue of warrant in certain cases

36Immediate issue of warrant if failure to comply during postponement

37Offence to re-enter rooming house, site or caravan

Division 4—Amendments to Part 8—Violence on certain premises

38Definitions for Part 8

39What happens if a notice to leave is given?

40Offence to re-enter premises during suspension

41Urgent application to Tribunal

42What can the Tribunal order?

43Offence to allow occupation of premises pending application
or hearing

44Notice to leave prohibited

Division 5—Amendments to Part 9—Goods left behind by tenants and residents

45Goods left behind

46Application of Part 9

47Definitions for Part 9

48What happens if personal documents are left behind?

49Reclaiming personal documents before disposal

50New section 388A inserted

388AWhat must a site owner or Part 4A site agreement mortgagee do about goods left behind?

51Rightful owner may reclaim stored goods before sale

52What if a caravan owned by a resident is abandoned on site?

53New section 390A inserted

390AWhat if a Part 4A dwelling owned by a site tenant is abandoned on site?

54Purchaser takes good title

55What if proceeds of sale are not sufficient to cover costs?

56What if goods or documents are disposed of in contravention
of this Part?

57What if goods or documents are wrongfully retained?

58What if goods or documents are damaged or lost?

59What if stored goods have been sold in accordance with this
Part?

60What if personal documents are disposed of in accordance
with section 381?

Division 6—Amendments to Part 10—Bonds and the Residential Tenancies Bond Authority

61Definitions for Part 10

Division 7—Amendments to Part 11—Functions of the Tribunal

62Jurisdiction of Tribunal

63General applications to the Tribunal

64General applications to the Tribunal

65General power of Tribunal to make determinations

Division 8—Amendments to Parts 12 and 13—Administration
and General

66Functions of Director

67Offence to make false representation

68Offence to persuade person not to exercise rights or take proceedings

69Offence to aid, abet, counsel or procure commission of offence

70Certain penalties prohibited

71Service of documents

72Application to Supreme Court, County Court or Magistrates' Court

73Regulations

Part 5—Rooming Houses Amendments

74New section 102A inserted

102ADirector may investigate rent without application by resident

75New section 131A inserted

131ADirector may investigate rooming house without application by resident

76New Division 8 of Part 3 inserted

Division 8—Standards

142BStandards for rooming houses etc.

142CRegulations for rooming houses

77New Division 9 of Part 3 inserted

Division 9—Miscellaneous

142DUnregistered rooming house

78Application for compensation or compliance order for breach
of duty

79New section 289A inserted

289ANotice by owner of building or other person who is
not rooming house owner

80New section 323A inserted

323AApplication for possession order by person entitled to give notice to vacate under section 289A

81Consequential amendments—regaining possession

82New section 399A inserted

399ADirector may make application without consent—
former rooming house residents

83Functions of Director

84Application of provisions of Fair Trading Act 1999

Part 6—Caravan Parks and Movable Dwellings

85New section 515A inserted

515AFire safety and emergency management regulations

86New Division 3A of Part 14 inserted

Division 3A—Fire safety and emergency management procedures

518ADefinitions

518BProvision of fire fighting equipment

518CSpace around movable dwellings and adjacent
structures

518DEmergency management plan and emergency
procedures

518EPublic emergency warnings

518FMunicipal council may issue notice

87Authorised persons

88Powers of entry and inspection

89New section 526A inserted

526AReport of inspection

Part 7—Residential Tenancy Databases

90New Part 10A inserted

Part 10A—Residential Tenancy Databases

439ADefinitions

439BApplication

439CNotice of usual use of database

439DNotice of listing if database used

439EListing can be made only for particular breaches by particular persons

439FFurther restriction on listing

439GEnsuring quality of listing—landlord's obligation

439HEnsuring quality of listing—database operator's obligation

439IProviding copy of personal information listed

439JNotifying relevant non-parties of Tribunal order
about listing

439KKeeping personal information listed

439LApplication to Tribunal for removal or amendment
of listing

439MWhat can the Tribunal order?

Part 8—Miscellaneous Amendments

Division 1—Penalties and offences

91Tenancy agreements to be in standard form

92Copy of agreement to be made available to tenant

93Tenants with children

94What is the maximum bond?

95Not more than one bond is payable in respect of continuous occupation

96Condition report

97Certain guarantees prohibited

98Limit on rent in advance

99Rent in advance under weekly tenancy agreement

100Receipts for rent

101Tenant's good not to be taken for rent

102Application and holding deposits

103Certain charges prohibited

104Landlord must not seek overpayment for utility charge

105Landlord must give tenant certain information

106Landlord cannot ask for fee for giving consent

107Offence relating to entering rented premises

108Notice to resident of residency right

109Consent required for increase in room capacity

110What is the maximum bond?

111Condition report

112Limit on rent in advance

113Receipts for rent

114Resident's goods not to be taken for rent

115Display of statement of rights and house rules

116Owner to give additional information

117Duties relating to house rules

118Offence relating to entering room occupied by resident

119Caravan park owner to notify prospective resident of rights

120Payment of bond

121What is the maximum bond?

122Condition report

123Limit on rent or hiring charge in advance

124Receipts for rent or hiring charge

125Resident's goods not to be taken for rent or hiring charges

126Owner must not seek overpayment for utility charges

127Statement of rights and copy of park rules

128Statement of scale of certain charges, fees and commissions

129Owner to give additional information

130Duties relating to caravan park rules

131Sale of caravan

132Offence relating to entering a site or caravan occupied by a resident

133Section 229 substituted

229Offence to obtain possession etc. of premises

134Prohibition on letting premises after notice

135Offences relating to interference with rights

136Rent payable on termination without notice

137Prohibition on renting after notice

138Offences relating to interference with rights

139Rent or hiring charge payable on termination without notice

140Prohibition on hiring of caravans or renting of sites after
notice

141Offence to re-enter rooming house, site or caravan

142Offence to give notice to leave or purported notice to leave without reasonable grounds

143Offence to remain on premises if given notice to leave

144Offence to re-enter premises during suspension

145Notice to principal registrar

146Offence to allow occupation of premises pending application
or hearing

147Reclaiming personal documents before disposal

148Rightful owner may reclaim stored goods before sale

149Bond lodgement form

150Duty to pay bond to Authority

151Notice of assignment or transfer by landlord

152Notice of assignment or transfer by tenant

153Tenant must not use bond as rent

154Offence to fail to comply with determination of Tribunal

155Confidentiality

156Offence to make false representation—tenancy agreement or residency right

157Offence to persuade person not to exercise rights or take proceedings

158Offence to aid, abet, counsel or procure commission of
offence

159Offence to give false information

160Certain penalties prohibited

161Application of provisions of Fair Trading Act 1999

162Regulations

163Additional powers

164Compliance notice

165Closure order

Division 2—Miscellaneous amendments to Principal Act

166Definition of GST

167Urgent repairs to rented premises and applications to Tribunal

168Urgent repairs to rooming house and applications to Tribunal

169Urgent repairs to caravans and applications to Tribunal

170Regulations

Part 9—Consequential Amendments to Other
Acts

Division 1—Duties Act 2000

171Powers of the Director in relation to proceedings on behalf
of consumers

Division 2—Fair Trading Act 1999

172Powers of the Director in relation to proceedings on behalf of consumers

173Proceedings and costs

Part 10—Repeal of Amending Act

174Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Residential Tenancies Amendment Act 2010[†]

No. 67 of 2010

[Assented to 28 September 2010]

Residential Tenancies Amendment Act 2010
No. 67 of 2010

The Parliament of Victoriaenacts:

Part 10—Repeal of Amending Act

Residential Tenancies Amendment Act 2010
No. 67 of 2010

Part 1—Preliminary

1Purpose

The main purpose of this Act isto amend the Residential Tenancies Act 1997 to provide for—

(a)the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings; and

(b)increased regulation of rooming houses to improve standards, including further enforcement powers; and

(c)the regulation of residential tenancy databases through the adoption of nationally consistent provisions; and

(d)increased regulation of fire safety and emergency response management of caravan parks and movable dwellings; and

(e)increased penalties for offences under that Act.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If this Act, except Part 7, does not come into operation before 31 March 2012, it comes into operation on that day.

3Principal Act

See:
Act No.
109/1997
Reprint No. 5
as at
15 January 2009
and amending
Act Nos 19/2009, 68/2009, 1/2010 and 32/2010. LawToday:
www.
legislation.
vic.gov.au

In this Act the Residential Tenancies Act 1997 is called the Principal Act.

______

Part 2—Amendments to Parts 1and 4 of the Principal Act

Division 1—Amendments to Part 1—Preliminary

4Purposes

s. 4

In section 1 of the Principal Act—

(a)in paragraph (h) for "dwellings."substitute"dwellings; and";

(b)after paragraph (h) insert—

"(i)to provide for the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings.".

5Definitions

(1)In section 3(1) of the Principal Actinsert the following definitions—

"annexe means a movable dwelling that—

(a)is attached to a registrable movable dwelling or unregistrable movable dwelling; and

(b)extends the habitable area of that dwelling;

fixed term site agreement means a site agreement for a fixed term;

Part 4A dwelling means a dwelling fully or partially owned by a site tenant—

(a)designed, built or manufactured to be transported from one place to another for use as a residence; or

(b)any other prescribed Part 4A dwelling—

but does not include—

(c)a registrable movable dwelling; or

(d)a registrable movable dwelling with an annexe attached; or

(e)a dwelling that was previously a registrable movable dwellingbut that has been modified to the extent that it no longer satisfies the definition of a registrable movable dwelling, unless it was so modified before the commencement of section 5 of the Residential Tenancies Amendment Act 2010;

s. 5

Part 4A park means an area of land where—

(a)sites of land are available for occupation under a site agreement; and

(b)Part 4A dwellings may be situated on those sites; and

(c)common areas or facilities are available for the use of a person occupying a Part4A site—

and includes a caravan park if the caravan park contains Part 4A sites;

Part 4A site means a site that is available for occupation under a site agreement;

periodic site agreement means a site agreement other than a fixed term site agreement;

registrable movable dwelling means a movable dwelling that is or has been registered or is required to be registered under the Road Safety Act 1986;

site agreementmeans an agreement under which a person lets land as a Part 4A site for the purposes of the occupation of a Part 4A dwelling on that land by the Part 4A dwelling owner as a residence;

site agreement provisions means any provisions of this Act to the extent to which they apply to a Part 4A site, a Part 4A dwelling, a site owner or a site tenant;

site ownermeans the person by whom a Part 4A site—

(a)is let under a site agreement; or

(b)is to be let under a proposed site agreement;

s. 5

site tenant means the person to whom a Part 4A site—

(a)is let under a site agreement; or

(b)is to be let under a proposed site agreement;

unregistrable movable dwellingmeans a movable dwelling that—

(a)is constructed on a chassis or in prefabricated sections; and

(b)once installed, is a freestanding dwelling with solid walls and roof; and

(c)is not a registrable movable dwelling.".

(2)In section 3(1) of the Principal Act, in the definition of bond—

(a)in paragraph (b), for "residency;"substitute"residency; or";

(b)after paragraph (b) insert—

"(c)an amount paid or payable by a site tenant to secure his or her performance and observance of the site agreement or any of the provisions of this Act relating to the site agreement;".

(3)In section 3(1) of the Principal Act, in the definition of common area—

(a)for "tenants or residents"substitute"tenants, residents or site tenants";

(b)for "room or site"substitute"room, site or Part 4A site".

s. 5

(4)In section 3(1) of the Principal Act, in the definition of facilities—

(a)in paragraph (l), for "tenants or residents"substitute"tenants, residents or site tenants";

(b)for "tenant or resident"substitute"tenant, resident or site tenant";

(c)for "room or site"substitute"room, site or Part 4A site".

(5)In section 3(1) of the Principal Act, in the definition of rent—

(a)in paragraph (c), for "services—"substitute"services; or";

(b)after paragraph (c) insert—

"(d)in relation to a site agreement, the amount paid to a site owner by a site tenant to occupy a Part 4A site and use facilities and services—".

(c)for "109A or 162"substitute "109A, 162 or206ZE".

(6)In section 3(1) of the Principal Act, in paragraph (b) of the definition of residentafter "person"insert"(other than a site tenant)".

(7)In section 3(1) of the Principal Act, in the definition of visitor—

(a)in paragraph (c), for "the resident."substitute"the resident; and";

(b)after paragraph (c) insert—

"(d)a site tenant, means a person on a Part4A siteor in a Part 4A dwelling or Part 4A park with the permission of the site tenant.".

Division 2—Amendments to Part 1—Residential Tenancies—Tenancy agreements

s. 6

6Application of Act to site agreements

(1)In the heading to Division 2 of Part 1 of the Principal Act, for "and rooming houses"substitute", rooming houses andsite agreements".

(2)After Subdivision 3 of Division 2 of Part 1 of the Principal Act insert—

"Subdivision 4—Application to site agreements

23AApplication of Act to assignees and transferees

This Act applies to a person to whom the rights and duties of—

(a)a site ownerunder a site agreement; or

(b)a site tenant under a site agreement—

have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law.

23BSite agreements exceeding 5 years

This Act applies to a site agreement whether or not the initial term of the site agreement exceeds 5 years.

23CPart 4A site used under contract of employment

This Act does not apply to a site agreement created or arising under the terms of a contract of employment or entered into in relation to a contract of employment.