Residential Tenancies (Amendment) Act 2002 (Vic)

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2—AMENDMENTS RELATING TO THE APPLICATION

OF THE PRINCIPAL ACT 3

4. Definition inserted 3
5. Fixed term tenancy agreement for rooming houses repealed 3
6. Self-contained apartments 3
7. Minister may declare building to be a rooming house 3
8. Hotels and motels 4
9. Exemption of educational institutions 4
10. Section 22 substituted 5

22. Temporary crisis accommodation 5

PART 3—AMENDMENTS RELATING TO TENANCY

AGREEMENTS OF RENTED PREMISES 6

11. Record of rent payment 6
12. How much notice of rent increase is required? 7
13. What can the Tribunal order? 7
14. Certain charges prohibited 7
15. Amendment of references to supply authority 8
16. Landlord's duty to maintain common areas 8
17. Application to Tribunal for non-urgent repairs 8
18. Grounds for entry of rented premises 8
19. New section 91A inserted 8

91A. Offence relating to entering rented premises 8

20. Section 228 substituted 9

228. Termination after death of sole tenant 9

21. Application to Tribunal for creation of tenancy agreement 10
22. Notices to vacate and notices to leave under section 368 10
23. Landlord's principal place of residence (fixed term tenancy) 10
24. Conditional contracts of sale 11

Section Page

25. New section 262A inserted 12

262A. Tenant in transitional housing refuses alternative

accommodation 12

26. Extension of periods for notices to vacate—no reason 13

PART 4—AMENDMENTS RELATING TO ROOMING HOUSES 14

27. Definitions amended 14
28. Power to enter into tenancy agreements 14
29. New section 94A inserted 14

94A. Harsh and unconscionable terms 14

30. Payment of bond 15
31. Condition report 15
32. Record of rent payment 15
33. How much notice of rent increase is required? 16
34. What can the Tribunal order? 16
35. Rent must be reduced if services are reduced 17
36. Amendment of reference to supply authority 17
37. New section 109A inserted 17

109A. Director of Housing may impose service charge on

resident 17

38. Application to Tribunal for non-urgent repairs 18
39. New section 142A inserted 18

142A. Offence relating to entering room occupied by resident 18

40. Notices to vacate and notices to leave under section 368 19
41. Conditional contracts of sale 19
42. New section 287A inserted 20

287A. Resident in transitional housing refuses alternative

accommodation 20

43. Extension of periods for notices to vacate—no reason 21
PART 5—AMENDMENTS RELATING TO CARAVAN PARKS

AND CARAVANS 22

44. New section 144A inserted 22

144A. Harsh and unconscionable terms 22

45. Payment of bond 22
46. Condition report 22
47. Record of rent or hiring charge payment 23
48. How much notice is required of rent or hiring charge increase? 24
49. What can the Tribunal order? 24
50. Rent must be reduced if services are reduced 25
51. Amendment of references to supply authority 25
52. Application to Tribunal for non-urgent repairs 25
53. New section 206A inserted 25

206A. Offence relating to entering a site or caravan occupied

by a resident 25

Section Page

54. Abandonment of site or caravan 26
55. Notices to vacate and notices to leave under section 368 26
56. Conditional contracts of sale 26
57. Extension of periods for notices to vacate—no reason 28
58. Certain penalties prohibited 28

PART 6—AMENDMENTS RELATING TO TERMINATION 29
59. Reduced period of notice of intention to vacate in certain

circumstances 29
60.

Rent payable on termination without notice 29
61.

Section 298 substituted 29

298. Rent or hiring charge payable on termination without

notice 29

62. Reasons for notice to vacate 30
63. New section 319A inserted 30

319A. Composite notices to vacate 30

64. New Division 5 of Part 6 inserted 31
Division 5—Can a Notice to Vacate be Challenged? 31

321A. Application of Division 31
321B. Tenant or resident may apply to Tribunal 31
321C. What can the Tribunal order? 31

65. New section 327 inserted 32
327. Applications where composite notice to vacate is

given 32
66. What happens if personal documents are left behind by a

tenant or resident? 32
67.

Disposal of personal documents 32
Disposal of personal documents after 90 days". 32
68.

Disposal of certain goods left behind 33
69.

Entitlement to dispose of stored goods 33
PART 7—AMENDMENTS RELATING TO THE RESIDENTIAL

TENANCIES BOND AUTHORITY 35

70. Offences relating to lodgement of bonds 35
71. Late lodgement of bond 35
72. New section 410A inserted 35

410A. Payment of bond by cheque or money order 35
73. Forms to be approved by Director of Consumer and Business

Affairs 36
74.

Time for applications under section 414 36
75.

Certain bond applications to be made within 10 business days 36
76.

Compensation for bond claimed fraudulently 36

iii

Section Page
PART 8—AMENDMENTS RELATING TO THE VICTORIAN

CIVIL AND ADMINISTRATIVE TRIBUNAL 37

77. New section 209A inserted 37

209A. Tribunal must hear application urgently 37

78. Rent arrears and possession orders 37
79. New sections 213A and 213B inserted 37

213A. Application for payment of rent arrears or hiring

charge arrears from bond 37
213B. Application by landlord to Tribunal for loss or

damage 38

80. Extension of period for hearing applications for abandonment 39
81. Possession order to be made within 7 days of hearing 39
82. Order to be dismissed or adjourned in certain circumstances 39
83. Limits of jurisdiction of Tribunal 40
84. Review of determinations 40
85. New section 480 inserted 41
480. Offence to fail to comply with determination of

Tribunal 41

PART 9—MISCELLANEOUS AMENDMENTS AND

TRANSITIONAL PROVISIONS 42

86. Amendment of references to supply authority 42
87. Duty provisions—required times 42
88. Contents of breach of duty notice 43
89. Successive breach notice applies whether or not breach
remedied 43
90. Warrant of possession 44
91. Notice to leave for serious acts of violence 44
92. New section 368A inserted 44

368A. Offence to give notice to leave or purported notice

to leave without reasonable grounds 44

93. Payment of rent during suspension 45
94. Compensation to resident for reasonable expenses 45
95. New section 377A inserted 46

377A. Notice to leave prohibited if notice to vacate under

section 244, 279 or 303 already given 46

96. References to Registrar substituted 46
97. Confidentiality 46
98. Electronic service of documents 46
99. New section 508A inserted 47

508A. Extended period to prosecute certain offences 47

100. New Division 3 inserted into Schedule 1 to Principal Act 47

Section Page
PART 10—AMENDMENT OF VICTORIAN CIVIL AND

ADMINISTRATIVE TRIBUNAL ACT 1998 49
101. New clause 77A inserted into Schedule 1 to the Victorian

Civil and Administrative Tribunal Act 1998 49

77A. Failure to comply with determinations 49
102. New rule making power inserted into Schedule 2 to the

Victorian Civil and Administrative Tribunal Act 1998 49

═══════════════

ENDNOTES 50

Victoria

No. 45 of 2002

Residential Tenancies (Amendment) Act

2002†

[Assented to 22 October 2002]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The main purpose of this Act is to make various amendments to the Residential Tenancies Act 1997.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 2

2. Commencement
(1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into

operation on or before 1 July 2004, it comes into
operation on that day.

3. Principal Act

See:

In this Act, the Residential Tenancies Act 1997 Act No.
is called the Principal Act. 109/1997.
Reprint No. 2
as at
13 January
2000
and
amending

Act Nos 28/2000,

35/2000, 74/2000,
11/2001,
27/2001 and
11/2002.
LawToday:

dpc.vic.
gov.au

__________________
Residential Tenancies (Amendment) Act 2002

s. 4	Act No. 45/2002

PART 2—AMENDMENTS RELATING TO THE

APPLICATION OF THE PRINCIPAL ACT

4. Definition inserted
In section 3(1) of the Principal Act, insert the
following definition—
' "temporary crisis accommodation" means
accommodation provided on a non-profit
basis for a period of less than 14 days;'.

5. Fixed term tenancy agreement for rooming houses repealed
Section 16 of the Principal Act is repealed.

6. Self-contained apartments
(1) In section 18(1) of the Principal Act, for "sub- section (2)" substitute "sub-sections (2) and (3)".
(2) In section 18 of the Principal Act, after sub- section (2) insert—
"(3) This Act applies to a self-contained
apartment in a building declared to be a
rooming house by the Minister under section
19(3) as if the self-contained apartment were
a room in that rooming house.".

7. Minister may declare building to be a rooming house
In section 19 of the Principal Act, after sub- section (2) insert—
"(3) The Minister, at the request of the Director

of Housing, may declare a building owned or
leased by the Director of Housing and
containing one or more self-contained
apartments to be a rooming house for the
purposes of this Act.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 8
(4) A declaration under sub-section (3) must be

made by notice published in the Government
Gazette.".

8. Hotels and motels
In section 20(3) of the Principal Act, for "section
16" substitute "section 94(1)".

9. Exemption of educational institutions

(1) In section 21 of the Principal Act, for

paragraph (b) substitute—
"(b) any residential premises ancillary to a school

or an institution which provides education
and training if those premises—

(i) are owned or leased by the school or the institution or formally affiliated with the school or institution; and
(ii) are used to accommodate students or staff using the premises referred to in paragraph (a).".

(2) At the end of section 21 of the Principal Act,
insert—
"(2) For the purposes of this section, residential

premises are formally affiliated with a school
or an institution which provides education
and training if a written agreement exists
between the school or the institution and the
owner or operator of the premises to provide
accommodation primarily for students
enrolled at the school or the institution or
staff employed by the school or the
institution.".

Residential Tenancies (Amendment) Act 2002

s. 10

Act No. 45/2002

10. Section 22 substituted
For section 22 of the Principal Act substitute—
"22. Temporary crisis accommodation
This Act does not apply to a tenancy agreement or room if the rented premises or room are provided as temporary crisis accommodation.".

__________________
Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 11

PART 3—AMENDMENTS RELATING TO TENANCY

AGREEMENTS OF RENTED PREMISES

11. Record of rent payment
In section 43 of the Principal Act, for sub-section
(2) substitute—
"(2) If a person receives a payment of rent from a tenant and a written receipt is not required to be given under sub-section (1), the person
must keep a record of the payment of rent
until the earlier of—

(a)

the end of 12 months after receiving the payment; or

(b)

if a tenant requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the tenant.

Penalty: 5 penalty units.

(2A) If a tenant requests a copy of a record under

sub-section (2)(b) before the end of
12 months after making the payment of rent,
a person who keeps a record under sub-
section (2) must provide a copy of that
record to the tenant within 5 business days
after receiving the request.
Penalty: 5 penalty units.

(2B) For the purposes of sub-section (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of
sub-section (3) to be identified.".

Residential Tenancies (Amendment) Act 2002

s. 12

Act No. 45/2002

12. How much notice of rent increase is required?
(1) In section 44 of the Principal Act—

(a) in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form";
(b) in sub-section (3), after "to apply" insert "within 30 days after the notice is given".

(2) In section 44 of the Principal Act, after sub- section (4) insert—
"(4A) A landlord must not increase the rent payable

under a tenancy agreement at intervals of
less than 6 months.".

13. What can the Tribunal order?
In section 47(3) of the Principal Act, after paragraph (h) insert—
"(ha) the number of rent increases (if any) in the

preceding 24 months, the amount of each
rent increase in that period and the timing of
those increases;".

14. Certain charges prohibited
In section 51 of the Principal Act, after sub- section (2) insert—
"(3) A person must not demand or receive from a tenant a charge or indemnity for a charge in relation to—

(a)

the first issue of a rent payment card under a tenancy agreement; or

(b)

the establishment or use of direct debit facilities for payment of rent under a tenancy agreement.

Penalty: 10 penalty units.".
Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 15

15. Amendment of references to supply authority
In section 56 of the Principal Act for "supply
authority" (wherever occurring) substitute
"supplier of the utility".

16. Landlord's duty to maintain common areas
In section 68 of the Principal Act, after sub- section (2) insert—
"(3) If a landlord owns or controls rented

premises and the common areas relating to
those rented premises, the landlord must take
reasonable steps to ensure that the common
areas are maintained in good repair.".

17. Application to Tribunal for non-urgent repairs
In section 75(2) of the Principal Act, for "28 days" substitute "60 days".

18. Grounds for entry of rented premises
In section 86 of the Principal Act, after sub- section (2) insert—
"(3) Despite sub-section (1), in the case of the

first tenancy agreement entered into between
a landlord and a tenant in respect of rented
premises, a right of entry referred to in sub-
section (1)(f) may only be exercised after the
end of the first 3 months of the tenancy.".

19. New section 91A inserted
After section 91 of the Principal Act insert—

"91A. Offence relating to entering rented

premises
A landlord or a landlord's agent must not,
without reasonable excuse, enter rented
premises otherwise than in accordance with
this Division.
Penalty: 5 penalty units.".

Residential Tenancies (Amendment) Act 2002

s. 20

Act No. 45/2002

20. Section 228 substituted
For section 228 of the Principal Act substitute—
"228. Termination after death of sole tenant
(1) If a tenant dies, the tenancy agreement

terminates at the earliest of the following
dates—

(a) 28 days after the landlord has been given written notice of the death of the tenant by the legal personal representative or next of kin of the tenant; or
(b) 28 days after the landlord has given a notice to vacate to the legal personal representative or next of kin of the
tenant; or

(c) a date agreed in writing between the landlord and the legal personal representative or next of kin of the tenant; or
(d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under sub-section (2).
(2) If a landlord is unable to give notice to

vacate under sub-section (1)(b), the landlord
may apply to the Tribunal for an order to
terminate the tenancy.

(3) This section does not apply if there is more

than one tenant under the tenancy
agreement.".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 21
21. Application to Tribunal for creation of tenancy agreement
(1) In section 232(1)(d) of the Principal Act, for "premises." substitute "premises; or".
(2) In section 232(1) of the Principal Act, after paragraph (d) insert—
"(e) the tenant has died and there is no surviving
tenant.".

22. Notices to vacate and notices to leave under section 368
In section 244 of the Principal Act, for sub-section
(3) substitute—
"(3) A landlord is not entitled to give a notice to
vacate under sub-section (1) if a notice to leave under section 368 has been given in respect of that act or omission.".

23. Landlord's principal place of residence (fixed term tenancy)
(1) In section 254 of the Principal Act, for sub-section (1) substitute—
"(1) A landlord under a fixed term tenancy
agreement may, before the end of the term of
the tenancy agreement, give the tenant a
notice to vacate rented premises if—

(a) the rented premises were the landlord's principal place of residence—
(i) immediately before the tenancy agreement was entered into; or

(ii)
second tenancy agreement entered
into since the premises were the
if the tenancy agreement is the residence, immediately before the

Residential Tenancies (Amendment) Act 2002

s. 24

Act No. 45/2002

first tenancy agreement was
entered into; and

(b)
the tenancy agreement states that the principal place of residence—
(i) immediately before the tenancy agreement was entered into; or

(ii)
second tenancy agreement entered
into since the premises were the
landlord's principal place of
residence, immediately before the
if the tenancy agreement is the entered into; and

(c) the tenancy agreement states that the landlord intends to resume occupancy of the premises on the termination of the agreement.".

(2) In section 254 of the Principal Act, after sub- section (3) insert—
"(4) A landlord is not entitled to give a notice

under this section if the landlord has entered
into more than 2 tenancy agreements in
respect of the premises since the premises
were the landlord's principal place of
residence.".

24. Conditional contracts of sale
In section 259 of the Principal Act, for sub-section
(2) substitute—
"(2) If a landlord has entered into a contract of
sale of the rented premises and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the

landlord may, within 14 days after the last of

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 25
those conditions is satisfied, give a tenant a
notice to vacate the rented premises.

(2A) If a landlord has entered into a contract of sale of the rented premises which is not a contract of sale of the kind referred to in sub-
section (2), the landlord may, within 14 days after the contract of sale is entered into, give a tenant a notice to vacate the rented
premises.".

25. New section 262A inserted
After section 262 of the Principal Act insert—
'262A. Tenant in transitional housing refuses alternative accommodation
(1) A landlord which is the Director of Housing or a delegate of the Director of Housing may give a tenant a notice to vacate rented
premises if—

(a) the rented premises were provided as transitional housing; and
(b)
section, has published requirements for
the Director of Housing, under this alternative accommodation; and

(i) unreasonably refused to seek alternative accommodation in accordance with those
requirements; or

(ii)
alternative accommodation made
refused a reasonable offer of requirements.

Residential Tenancies (Amendment) Act 2002

s. 26

Act No. 45/2002

(2) The notice must specify a termination date

that is not less than 30 days after the date on
which the notice is given.

(3) In this section "transitional housing"

means accommodation for a period of more
than 14 days and less than 12 months
provided to persons in crisis as a result of
homelessness or impending homelessness.

(4) The Director of Housing, by notice published

in the Government Gazette, may publish its
requirements for tenants of transitional
housing to seek alternative accommodation.'.

26. Extension of periods for notices to vacate—no reason
(1) In section 263(2) of the Principal Act, for "90 days" substitute "120 days".
(2) In section 266 of the Principal Act—

(a)

in sub-section (1), for "sections 255 to 263" substitute "sections 255, 256, 257, 258, 259, 260, 261, 262 and 263";

(b)

in sub-section (3)(c), for "28 days" substitute "60 days".

__________________
Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 27

PART 4—AMENDMENTS RELATING TO ROOMING

HOUSES

27. Definitions amended

(1) In section 3(1) of the Principal Act, in

paragraph (b) of the definition of "rooming
house", for "section 19" substitute "section 19(2)
or (3)".
(2) In section 3 of the Principal Act, after sub-section
(3) insert—
"(4) Nothing in this Act prevents a rooming house from consisting of more than one building.".

28. Power to enter into tenancy agreements
In section 94 of the Principal Act, after sub- section (1) insert—
"(1A) If a tenancy agreement is entered into by a

resident and a rooming house owner in
respect of a room in a rooming house, the
rooming house provisions do not apply to the
occupation of that room by that resident
while the tenancy agreement continues.".

29. New section 94A inserted
After section 94 of the Principal Act insert—

"94A. Harsh and unconscionable terms

(1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 94(2).
(2) On an application under sub-section (1), the
Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is

Residential Tenancies (Amendment) Act 2002

s. 30

Act No. 45/2002

such that a court exercising its equitable
jurisdiction would grant relief.
(3) An order under this section has effect according to its terms.".

30. Payment of bond
In section 95 of the Principal Act, for "takes up occupancy of a room" substitute "commences occupation of a room as a resident".

31. Condition report
(1) In section 97(1) of the Principal Act, for "enters

into occupation of the room" substitute
"commences occupation of the room as a
resident".

(2) In section 97(2) of the Principal Act, for "entering

into occupation of the room" substitute
"commencing occupation of the room as a
resident".

32. Record of rent payment
In section 100 of the Principal Act, for sub-section
(2) substitute—
"(2) If a person receives a payment of rent from a

resident of a rooming house and a written
receipt is not required to be given under sub-
section (1), the person must keep a record of
the payment of rent until the earlier of—

(a) the end of 12 months after receiving the payment; or
(b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision
of a copy of the record to the resident. Penalty: 5 penalty units.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 33
(2A) If a resident of a rooming house requests a

copy of a record under sub-section (2)(b)
before the end of 12 months after making the
payment of rent, a person who keeps a record
under sub-section (2) must provide a copy of
that record to the resident within 5 business
days after receiving the request.
Penalty: 5 penalty units.

(2B) For the purposes of sub-section (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of
sub-section (3) to be identified.".

33. How much notice of rent increase is required?

(1) In section 101 of the Principal Act—

(a) in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form";
(b) in sub-section (5), after "to apply" insert "within 30 days after the notice is given".
(2) In section 101 of the Principal Act, after sub- section (5) insert—
"(5A) A rooming house owner must not increase

the rent payable by a resident at intervals of
less than 6 months.".

34. What can the Tribunal order?
In section 104(3) of the Principal Act, after paragraph (e) insert—
"(ea) the number of rent increases (if any) in the

preceding 24 months, the amount of each
rent increase in that period and the timing of
those increases;".

Residential Tenancies (Amendment) Act 2002

s. 35

Act No. 45/2002

35. Rent must be reduced if services are reduced
At the end of section 106 of the Principal Act insert—
"(2) If the Tribunal determines an amount under
sub-section (1)(b), it may also order that—

(a)

the reduction in rent is to take effect from the time the rooming house owner ceased to provide services to the resident; and

(b)

the rooming house owner is to refund to the resident any excess rent paid by the resident from the time the rooming house owner ceased to provide services until the date of the order.".

36. Amendment of reference to supply authority
In section 108(2) of the Principal Act, for "supply authority" substitute "supplier of the utility".

37. New section 109A inserted
After section 109 of the Principal Act insert—
'109A. Director of Housing may impose service
charge on resident
(1) The Director of Housing may impose a

service charge on a resident in a rooming
house which has been declared to be a
rooming house under section 19(2) or (3) for
any water, central heating, laundry or utility
services or facilities made available to the
resident.

(2) Sub-section (1) only applies if it is not

possible or practicable to accurately measure
the use by the resident of that service or
facility.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 38
(3) A service charge may be increased or

decreased by an amount in line with changes
in the cost of providing the services or
facilities.

(4) In this section "Director of Housing"
financial assistance from the Director of

includes any incorporated body that receives profit housing.'.

38. Application to Tribunal for non-urgent repairs
(1) In section 132 of the Principal Act, after sub- section (1) insert—
"(2) An application under sub-section (1) must be
made within 60 days of receiving the Director's report under section 131.".

(2) In section 132(4) of the Principal Act, for "the

report of the Director" substitute "the Director's
report".

39. New section 142A inserted
After section 142 of the Principal Act insert—
"142A. Offence relating to entering room occupied
by resident
A rooming house owner or a rooming house owner's agent must not, without reasonable excuse, enter a room occupied by a resident otherwise than in accordance with this
Division.
Penalty: 5 penalty units.".

Residential Tenancies (Amendment) Act 2002

s. 40

Act No. 45/2002

40. Notices to vacate and notices to leave under section 368
In section 279 of the Principal Act, for sub-section
(3) substitute—
"(3) A rooming house owner is not entitled to

give a notice to vacate under sub-section (1)
if a notice to leave under section 368 has
been given in respect of that act or
omission.".

41. Conditional contracts of sale
(1) In section 285 of the Principal Act, after sub- section (1) insert—
"(1A) If a rooming house owner has entered into a

contract of sale of the rooming house and the
contract of sale is subject to one or more
conditions which, if not satisfied, entitle a
party to the contract to terminate the
contract, the rooming house owner may,
within 14 days after the last of those
conditions is satisfied, give a resident a
notice to vacate the room occupied by the
resident.

(1B) If a rooming house owner has entered into a contract of sale of the rooming house which is not a contract of sale of the kind referred to in sub-section (1A), the rooming house
owner may, within 14 days after the contract
of sale is entered into, give a resident a
notice to vacate the room occupied by the
resident.".

(2) In section 285(2) of the Principal Act, for "The

notice must" substitute "A notice under this
section must".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 42

42. New section 287A inserted
After section 287 of the Principal Act insert—
'287A. Resident in transitional housing refuses alternative accommodation
(1) A rooming house owner which is the
Director of Housing or a delegate of the Director of Housing may give a resident a notice to vacate a room occupied by the resident if—

(a) the room was provided as transitional housing; and
(b)
section, has published requirements for
the Director of Housing, under this alternative accommodation; and

(i) unreasonably refused to seek alternative accommodation in accordance with those
requirements; or

(ii)
alternative accommodation made
refused a reasonable offer of requirements.
(2) The notice must specify a termination date

that is not less than 30 days after the date on
which the notice is given.

(3) In this section, "transitional housing"

means accommodation for a period of more
than 14 days and less than 12 months
provided to persons in crisis as a result of
homelessness or impending homelessness.

Residential Tenancies (Amendment) Act 2002

s. 43

Act No. 45/2002

(4) The Director of Housing, by notice published

in the Government Gazette, may publish its
requirements for residents of transitional
housing to seek alternative accommodation.'.

43. Extension of periods for notices to vacate—no reason
(1) In section 288(2) of the Principal Act, for "90 days" substitute "120 days".
(2) In section 289(2) of the Principal Act, for "28 days" substitute "60 days".

__________________
Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 44

PART 5—AMENDMENTS RELATING TO CARAVAN PARKS

AND CARAVANS

44. New section 144A inserted
After section 144 of the Principal Act insert—

"144A. Harsh and unconscionable terms

(1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 144(1) or
(2).
(2) A caravan owner may apply to the Tribunal
for an order declaring invalid or varying a term of an agreement referred to in section 144(3).
(3) On an application under sub-section (1) or

(2), the Tribunal, by order, may declare
invalid or vary a term of the agreement if it
is satisfied that the term is harsh or
unconscionable or is such that a court
exercising its equitable jurisdiction would
grant relief.

(4) An order under this section has effect according to its terms.".

45. Payment of bond
In section 146 of the Principal Act, for "takes up
occupancy" (wherever occurring) substitute
"commences occupation as a resident".

46. Condition report
(1) In section 148(1) of the Principal Act, for "enters

into occupation" substitute "commences
occupation as a resident".

(2) In section 148(2) of the Principal Act, for

"entering into occupation" substitute
"commencing occupation as a resident".

Residential Tenancies (Amendment) Act 2002

s. 47

Act No. 45/2002

47. Record of rent or hiring charge payment
In section 151 of the Principal Act, for sub-section
(2) substitute—
"(2) If a person receives a payment of rent or a payment of a hiring charge from a resident and a written receipt is not required to be
given under sub-section (1), the person must
keep a record of the payment of rent or the
payment of a hiring charge until the earlier
of—

(a) the end of 12 months after receiving the payment; or
(b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision
of a copy of the record to the resident. Penalty: 5 penalty units.

(2A) If a resident requests a copy of a record

under sub-section (2)(b) before the end of
12 months after making the payment of rent
or the payment of a hiring charge, a person
who keeps a record under sub-section (2)
must provide a copy of that record to the
resident within 5 business days after
receiving the request.
Penalty: 5 penalty units.

(2B) For the purposes of sub-section (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of
sub-section (3) to be identified.".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 48
48. How much notice is required of rent or hiring charge increase?
(1) In section 152 of the Principal Act—

(a) in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form";
(b) in sub-section (2), for "90 days written notice" substitute "60 days notice in the prescribed form";
(c) in sub-section (5), after "to apply" insert "within 30 days after the notice is given".

(2) In section 152 of the Principal Act, after sub- section (5) insert—
"(5A) A caravan park owner must not increase the rent payable by a resident at intervals of less than 6 months.
(5B) A caravan owner must not increase the hiring

charge payable by a resident at intervals of
less than 6 months.".

49. What can the Tribunal order?
(1) In section 155(3) of the Principal Act, after paragraph (e) insert—
"(ea) the number of rent increases (if any) in the

preceding 24 months, the amount of each
rent increase in that period and the timing of
those increases;".

(2) In section 155(4) of the Principal Act, after paragraph (a) insert—
"(ab) the number of hiring charge increases (if
any) in the preceding 24 months, the amount of each hiring charge increase in that period and the timing of those increases;".

Residential Tenancies (Amendment) Act 2002

s. 50

Act No. 45/2002

50. Rent must be reduced if services are reduced
At the end of section 159 of the Principal Act insert—
"(2) If the Tribunal determines an amount under
sub-section (1)(b), it may also order that—

(a)

the reduction in rent is to take effect from the time the caravan park owner ceased to provide services to the resident; and

(b)

the caravan park owner is to refund to the resident any excess rent paid by the resident from the time the caravan park owner ceased to provide services until the date of the order.".

51. Amendment of references to supply authority
In section 166 of the Principal Act, for "supply
authority" (wherever occurring) substitute
"supplier of the utility".

52. Application to Tribunal for non-urgent repairs
(1) In section 191 of the Principal Act, after sub- section (1) insert—
"(2) An application under sub-section (1) must be
made within 60 days of receiving the Director's report under section 190.".

(2) In section 191(4) of the Principal Act, for "report of the Director" substitute "Director's report".

53. New section 206A inserted
After section 206 of the Principal Act insert—
"206A. Offence relating to entering a site or caravan occupied by a resident
A caravan park owner, a caravan owner or an owner's agent must not, without reasonable excuse, enter a site or caravan occupied by a

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 54
resident otherwise than in accordance with
this Division.
Penalty: 5 penalty units.".

54. Abandonment of site or caravan
In section 300 of the Principal Act, for sub-section
(1) substitute—
"(1) A resident abandons a site or caravan if the

resident leaves it without any intention of
returning and—

(a) without first giving notice of intention to vacate to the caravan park owner or the caravan owner; or
(b) without first obtaining the agreement of the caravan park owner or the caravan owner.".
55. Notices to vacate and notices to leave under section 368
In section 303 of the Principal Act, for sub-section
(3) substitute—
"(3) A caravan park owner is not entitled to give a notice to vacate under sub-section (1) if a notice to leave under section 368 has been given in respect of that act or omission.".

56. Conditional contracts of sale
(1) In section 310 of the Principal Act, after sub- section (1) insert—
"(1A) If a caravan park owner has entered into a contract of sale of a caravan owned by the caravan park owner and the contract of sale
is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the caravan park
owner may, within 14 days after the last of
those conditions is satisfied, give a resident a

Residential Tenancies (Amendment) Act 2002

s. 56

Act No. 45/2002

notice to vacate the caravan occupied by the
resident.
(1B) If a caravan park owner has entered into a contract of sale of a caravan owned by the caravan park owner which is not a contract of sale of the kind referred to in sub-section (1A), the caravan park owner may, within
14 days after the contract of sale is entered
into, give a resident a notice to vacate the
caravan occupied by the resident.".

(2) In section 310 of the Principal Act, after sub- section (2) insert—
"(2A) If a caravan owner has entered into a

contract of sale of a caravan owned by the
caravan owner and the contract of sale is
subject to one or more conditions which, if
not satisfied, entitle a party to the contract to
terminate the contract, the caravan owner
may, within 14 days after the last of those
conditions is satisfied, give a resident a
notice to vacate the caravan occupied by the
resident.

(2B) If a caravan owner has entered into a

contract of sale of a caravan owned by the
caravan owner which is not a contract of sale
of the kind referred to in sub-section (2A),
the caravan owner may, within 14 days after
the contract of sale is entered into, give a
resident a notice to vacate the caravan
occupied by the resident.".

(3) In section 310 of the Principal Act—

(a)

in sub-section (3), for "The notice must" substitute "A notice under this section must";

(b)

in sub-section (4), for "the notice" substitute "a notice under this section".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 57

57. Extension of periods for notices to vacate—no reason
(1) In section 314(3) of the Principal Act, for "90 days" substitute "120 days".
(2) In section 315(2) of the Principal Act, for "28 days" substitute "60 days".

58. Certain penalties prohibited
In section 505 of the Principal Act, after sub- section (2) insert—
"(3) A caravan park owner or a caravan owner

must not demand or accept from a resident of
a site or caravan who has failed to comply
with the caravan park provisions the
payment by reason of that failure of any
amount other than—

(a)

rent or a hiring charge in accordance with this Act; or

(b)

any other payment provided for in this Act.

Penalty: 20 penalty units.".

__________________
Residential Tenancies (Amendment) Act 2002

s. 59

Act No. 45/2002

PART 6—AMENDMENTS RELATING TO TERMINATION

59. Reduced period of notice of intention to vacate in certain circumstances

In section 237(1) of the Principal Act—

(a)

in paragraph (c), for "Housing." substitute "Housing; or";
(b) after paragraph (c) insert—
"(d) the tenant requires temporary crisis

accommodation and needs to vacate the
rented premises in order to obtain that
accommodation.".

60. Rent payable on termination without notice
In section 275 of the Principal Act, for sub-section
(1) substitute—
"(1) A resident who vacates a room without
giving notice must pay to the rooming house owner the rent for the lesser of the following periods—
(a) 2 days after vacating the room; or

(b)

until another resident takes up occupancy of the room.

Penalty: 5 penalty units.".

61. Section 298 substituted
For section 298 of the Principal Act substitute—

"298. Rent or hiring charge payable on
termination without notice

(1) A resident who vacates a site without giving

notice must pay to the caravan park owner
the rent for the lesser of the following
periods—

(a) 7 days after vacating the site; or

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 62

(b)

until another resident takes up occupancy of the site.

Penalty: 5 penalty units.
(2) A resident who vacates a caravan without

giving notice must pay to the caravan owner
the hiring charge for the lesser of the
following periods—

(a) 7 days after vacating the caravan; or

(b)

until another resident takes up occupancy of the caravan.

Penalty: 5 penalty units.".

62. Reasons for notice to vacate

In section 319 of the Principal Act—

(a)

in paragraph (a), after "in the" insert "relevant";

(b)

in paragraph (d), after "specifies the" insert "reason or".

63. New section 319A inserted
After section 319 of the Principal Act insert—
"319A. Composite notices to vacate
If a person is or becomes entitled to give 2 or
more notices to vacate under section 255,
256, 257, 258, 259, 260, 285 or 286—

(a)

the person may give one composite notice to vacate in accordance with section 319; and

(b)

that notice is to be taken to be a notice to vacate under each of the sections referred to in the notice.".

Residential Tenancies (Amendment) Act 2002

s. 64

Act No. 45/2002

64. New Division 5 of Part 6 inserted
At the end of Part 6 of the Principal Act insert—
"Division 5—Can a Notice to Vacate be
Challenged?

321A. Application of Division
Nothing in this Division affects any right a tenant or resident may have to challenge the validity of any other notice to vacate under this Act.

321B. Tenant or resident may apply to Tribunal
(1) On or before the hearing of an application
for a possession order in respect of a notice to vacate given under section 255, 256, 257, 258, 259, 260, 285, 286 or 310, a tenant or
resident who has received the notice to
vacate may apply to the Tribunal challenging
the validity of the notice to vacate.
(2) An application under sub-section (1) must be

made within 30 days after the notice to
vacate is given.

321C. What can the Tribunal order?

(1) The Tribunal may consider an application

under section 321B and may determine
whether or not the notice to vacate is valid.

(2) If the Tribunal determines that the notice to vacate is valid, the tenant or resident is not entitled to bring any further application to the Tribunal to challenge the validity of the
notice to vacate unless the Tribunal is
satisfied that exceptional circumstances exist
which justify reconsideration of the
determination made under this section.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 65
(3) Nothing in sub-section (2) affects the operation of section 479.".

65. New section 327 inserted
After section 326 of the Principal Act insert—
"327. Applications where composite notice to
vacate is given
If a composite notice to vacate as provided for in section 319A has been given to a tenant or resident, a composite application may be made under section 322(1), 323(a) or 324(1) or (2) (as the case requires) in respect of each of the notices to vacate included in the composite notice to vacate.".

66. What happens if personal documents are left behind by a tenant or resident?

In section 380 of the Principal Act—

(a)

in paragraph (a), for "28 days" substitute "90 days";

(b)

in paragraph (c), for "collected; and" substitute "collected.";
(c) paragraph (d) is repealed.

67. Disposal of personal documents
(1) Insert the following heading to section 381 of the

Principal Act—
"Disposal of personal documents after 90 days".

(2) In section 381(1) of the Principal Act, for "28 day period" substitute "90 day period".
(3) In section 381 of the Principal Act, at the foot of sub-section (2) insert—

"Note: It may be an offence under certain legislation of the
State and Commonwealth to destroy certain
documents.".

Residential Tenancies (Amendment) Act 2002

s. 68

Act No. 45/2002

68. Disposal of certain goods left behind
In section 384 of the Principal Act, for sub-section
(2) substitute—
"(2) If goods of monetary value have been left
behind, the owner of premises may remove and destroy or dispose of those goods if the total estimated cost of the removal, storage and sale of all those goods combined is
greater than the total monetary value of all
those goods combined.
(3) Sub-section (2) does not apply to goods to which sub-section (1) applies.
(4) Nothing in this section affects the operation

of any other Act or law affecting the
removal, destruction or disposal of goods.

Note: Other legislation of the State and
Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985.".

69. Entitlement to dispose of stored goods
(1) In section 393 of the Principal Act, for sub-section (3) substitute—
"(3) If stored goods are offered for sale at a

public auction in accordance with
section 391 and are not sold, the owner of
premises may dispose of the stored goods.

(4) An owner of premises is not liable to anyone for loss or damage caused as a result of—

(a)

the sale of stored goods in accordance with this Part; or

(b)

the disposal of stored goods in accordance with sub-section (3).".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 69
(2) In section 395(3) of the Principal Act, for "which

may be removed" substitute "which may not be
removed".

__________________
Residential Tenancies (Amendment) Act 2002

s. 70

Act No. 45/2002

PART 7—AMENDMENTS RELATING TO THE

RESIDENTIAL TENANCIES BOND AUTHORITY

70. Offences relating to lodgement of bonds
(1) In section 405 of the Principal Act, at the foot of sub-section (4) insert—
"Penalty: 5 penalty units.".
(2) In section 406 of the Principal Act, for "before the

end of the fifth business day" substitute "within
10 business days".

71. Late lodgement of bond
In section 409(1) of the Principal Act, for "14 days" substitute "15 business days".

72. New section 410A inserted
After section 410 of the Principal Act insert—
"410A. Payment of bond by cheque or money order (1) Without limiting any manner in which a
bond may be paid, for the purposes of this tenant if the tenant gives the landlord a cheque or money order for the amount of bond made payable to the Authority.
(2) Despite anything to the contrary in this
Division, a tenant who gives a landlord a cheque for an amount of bond made payable to the Authority is not to be taken to have paid a bond if the cheque is not honoured on its presentation.".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 73
73. Forms to be approved by Director of Consumer and Business Affairs
(1) In section 412(3) of the Principal Act, for "Minister" substitute "Director".
(2) In section 413(2) of the Principal Act, for "Minister" substitute "Director".

74. Time for applications under section 414
(1) In section 414 of the Principal Act, after sub- section (1) insert—
"(2) An application under this section must be made within 10 business days after—

(a) the tenant delivers up vacant possession of the rented premises; or
(b)
the landlord becomes aware that the premises.".

(2) In section 414 of the Principal Act, sub-section (3)
is repealed.
75. Certain bond applications to be made within 10 business days
In section 417(2) of the Principal Act, for "14 days" substitute "10 business days".

76. Compensation for bond claimed fraudulently
In section 423(2) of the Principal Act, for "pay an amount of bond to a person" substitute "pay as compensation to a person an amount not exceeding the amount of the bond paid out".

__________________
Residential Tenancies (Amendment) Act 2002

s. 78

Act No. 45/2002

PART 8—AMENDMENTS RELATING TO THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
77. New section 209A inserted
After section 209 of the Principal Act insert—
"209A. Tribunal must hear application urgently
The Tribunal must hear an application under section 209 within 5 business days after the application is made if the application relates to—

(a)

a breach of section 89 in relation to a right of entry for a purpose set out in section 86(1)(b); or

(b)

a breach of section 140 in relation to a right of entry for a purpose set out in section 137(b); or

(c)

a breach of section 204 in relation to a right of entry for a purpose set out in section 201(b).".

78. Rent arrears and possession orders
In section 213 of the Principal Act, sub-section (3) is repealed.

79. New sections 213A and 213B inserted
After section 213 of the Principal Act insert—
"213A. Application for payment of rent arrears or hiring charge arrears from bond
(1) If an application for a possession order is
made under Part 7 as a result of a failure by a tenant or a resident to pay rent or, in the case of a caravan, a failure by the resident to pay a hiring charge, the applicant, at the same
time, may apply to the Tribunal for payment

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 79
of compensation by the tenant or resident for
the unpaid rent or hiring charge owed.
(2) On an application under sub-section (1), the Tribunal may—

(a)

make a determination of the amount of rent owing to the landlord, rooming house owner or caravan park owner or, in the case of a caravan owner, the amount of hiring charge owing to the caravan owner, at the date of the application; and

(b)

make a determination directing the Authority, on termination of the tenancy agreement or when the residency right ends, to pay out an amount of bond to or on account of the landlord, rooming house owner, caravan park owner or caravan owner (as the case requires) in respect of the rent or hiring charge owing.

213B. Application by landlord to Tribunal for loss
or damage
If a possession order is made under Part 7 as a result of a failure by a tenant to pay rent, an application by the landlord to the Tribunal
under this Part (other than under
section 213A) for payment by the tenant of
compensation for loss or damage suffered by
the landlord as a result of the failure of the
tenant to pay rent must be made within
28 days after the tenant delivers up vacant
possession of the rented premises.".

Residential Tenancies (Amendment) Act 2002

s. 80

Act No. 45/2002

80. Extension of period for hearing applications for abandonment
In sections 241(2), 277(2) and 301(2) of the
Principal Act, for "2 business days" substitute
"5 business days".

81. Possession order to be made within 7 days of hearing
In section 330 of the Principal Act, for sub-section
(2) substitute—
"(2) If an application for a possession order is

made under section 322(3), 323(b) or
324(3)—

(a) the application must be heard within 14 days after the application is made; and
(b) the possession order must be made within 7 days of that hearing.".
82. Order to be dismissed or adjourned in certain circumstances
In section 331 of the Principal Act, for sub-section
(3) substitute—
"(3) On the resumption of an adjourned hearing,
the Tribunal—

(a) may make a possession order if the tenant has continued to accrue arrears of rent during the adjournment period; and
(b) must dismiss the application if the tenant—
(i) has paid all the arrears which were the subject of the original application; and

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 83

(ii)
rent from the time of the
application to the date of
has accrued no further arrears of hearing.".

83. Limits of jurisdiction of Tribunal
(1) In section 447(1) of the Principal Act, paragraph (a) is repealed.
(2) In section 447 of the Principal Act, after sub- section (1) insert—
"(1A) Subject to sub-section (3), the Tribunal must not hear and determine an application—

(a) by a landlord or tenant under a tenancy agreement which involves a monetary claim for an amount exceeding
$10 000; or

(b)

by a rooming house owner or resident in relation to the rooming house provisions, a residency right or an agreement referred to in section 94(2) which involves a monetary claim for an amount exceeding $10 000; or

(c)

by a caravan park owner, a caravan owner or a resident in relation to the caravan park provisions, a residency right or an agreement referred to in
section 144(1), (2) or (3) which
involves a monetary claim for an
amount exceeding $10 000.".

84. Review of determinations
In section 479(1) of the Principal Act, after paragraph (a) insert—
"(ab) a determination made by the Tribunal under
section 321C;".

Residential Tenancies (Amendment) Act 2002

s. 85

Act No. 45/2002

85. New section 480 inserted
After section 479 of the Principal Act insert—

"480. Offence to fail to comply with

determination of Tribunal

(1) A person to whom a determination of the
Tribunal under this Act applies must comply with that determination.

Penalty: 10 penalty units and 2 penalty
units for each day the non-
compliance continues after the
time within which the person is
required to comply with the
determination, up to a maximum
of 20 penalty units.
(2) This section applies—

(a)

section 133 of the Victorian Civil and

despite anything to the contrary in and
(b)

whether the determination of the a non-monetary order within the meaning of the Victorian Civil and Administrative Tribunal Act 1998.".
__________________

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 86

PART 9—MISCELLANEOUS AMENDMENTS AND

TRANSITIONAL PROVISIONS

86. Amendment of references to supply authority
In section 3(1) of the Principal Act, in paragraph (a) of the definition of "separately metered", for "supply authority" substitute "supplier of the utility".

87. Duty provisions—required times
(1) In section 207 of the Principal Act, in the

definition of "duty provision", in paragraph (a)(ii)
for "and 66" substitute ", 66 and 71".

(2) In section 207 of the Principal Act, in the definition of "required time"—

(a) in paragraph (a), for sub-paragraph (i) substitute—
"(i) for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(a), (c) or (f), 14 days; or
(ia) for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(b), (d) or (e), 3 days;
or";

(b) in paragraph (c), for sub-paragraph (i) substitute—
"(i) for a duty under section 204 in relation
to a right of entry for a purpose set out
in section 201(a), (c) or (e), 7 days; or
(ia) for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(b) or (d), 3 days; or".

Residential Tenancies (Amendment) Act 2002

s. 88

Act No. 45/2002

88. Contents of breach of duty notice

In section 208(2) of the Principal Act—

(a) for paragraph (e) substitute—

"(e) state that if the notice is not complied
with—

(i)
an application for compensation or to the Tribunal; or
(ii) if section 240 applies, a notice of intention to vacate may be given; or
(iii) if section 249, 283 or 308 (as the case requires) applies, a notice to vacate may be given; and";

(b) in paragraph (h), after "is owed" insert "or by that person's agent".
89. Successive breach notice applies whether or not breach remedied
(1) In section 240(1) of the Principal Act—

(a)

in paragraph (c), for "section 208; and" substitute "section 208.";
(b) paragraph (d) is repealed.

(2) In section 249(1) of the Principal Act—

(a)

in paragraph (c), for "section 208; and" substitute "section 208.";
(b) paragraph (d) is repealed.

(3) In section 283(1) of the Principal Act—

(a)

in paragraph (c), for "section 208; and" substitute "section 208.";
(b) paragraph (d) is repealed.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 90

(4) In section 308(1) of the Principal Act—

(a)

in paragraph (c), for "section 208; and" substitute "section 208.";
(b) paragraph (d) is repealed.

90. Warrant of possession
In section 355(1)(a) of the Principal Act, for
"approved by the Minister" substitute "prescribed
by rules made under the Victorian Civil and
Administrative Tribunal Act 1998".

91. Notice to leave for serious acts of violence

(1) In section 368 of the Principal Act, for

"reasonably believes" (where twice occurring), substitute "has reasonable grounds to believe".
(2) In section 368 of the Principal Act, after sub- section (3) insert—
"(4) A notice to leave under this section must be

given as soon as it is possible for the
manager to safely do so after the serious act
of violence has occurred or the safety of a
person on the premises has been
endangered.".

92. New section 368A inserted
After section 368 of the Principal Act insert—
"368A. Offence to give notice to leave or purported
notice to leave without reasonable grounds
A manager of managed premises must not give—
(a) a notice to leave under section 368; or

(b)

a document which purports to be a notice to leave under section 368—
unless the manager has reasonable grounds
to believe that—

Residential Tenancies (Amendment) Act 2002

s. 93

Act No. 45/2002

(c)

a serious act of violence by a resident or a resident's visitor has occurred on the rented premises; or

(d)

the safety of any person on the managed premises is in danger from a resident or a resident's visitor.

Penalty: 20 penalty units.".

93. Payment of rent during suspension
In section 370(2) of the Principal Act, after "sub- section (1)," insert "unless the Tribunal makes an order under section 376(1)(b),".

94. Compensation to resident for reasonable expenses

In section 376 of the Principal Act, for sub-section
(3) substitute—
"(3) If the Tribunal orders under sub-section (1)(b) that the suspension of the tenancy agreement or residency right cease—

(a) the resident is not required to pay rent or hiring charges in respect of the period of the suspension; and
(b)
the Tribunal must order that comprising—
(i) a refund of the rent or hiring charges paid during the period of the suspension; and

(ii)
any reasonable expenses incurred period of suspension.".

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 95

95. New section 377A inserted
After section 377 of the Principal Act insert—
"377A. Notice to leave prohibited if notice to vacate
under section 244, 279 or 303 already given
A manager is not entitled to give a notice to leave under section 368 in respect of an act or omission if—

(a) a landlord has given a notice to vacate under section 244 in respect of that act or omission; or
(b) a rooming house owner has given a notice to vacate under section 279 in respect of that act or omission; or
(c)
a caravan park owner has given a notice of that act or omission.".

96. References to Registrar substituted
In the Principal Act—

(a)

in section 333(1)(c), for "Registrar" substitute "principal registrar";

(b)

in section 486(a)(i), for "Registrar" substitute "principal registrar".

97. Confidentiality
In section 499(3)(a)(i) of the Principal Act omit
"obtained".

98. Electronic service of documents
At the foot of section 506(3) of the Principal Act insert—
"Note: The Electronic Transactions (Victoria) Act 2000 provides for the service of documents by electronic communication in accordance with that Act.".

Residential Tenancies (Amendment) Act 2002

s. 99

Act No. 45/2002

99. New section 508A inserted
After section 508 of the Principal Act insert—
"508A. Extended period to prosecute certain
offences
Despite section 26 of the Magistrates' Court Act 1989, proceedings for the following offences may be commenced within the period of 3 years after the commission of the alleged offence—

(a)

an offence against section 31(1), 96 or 147;

(b)

an offence against section 35(1), 97(1) or 148(1);
(c) an offence against section 37(1);

(d)

an offence against section 66(1), 124 or 182;
(e) an offence against section 146(3);
(f) an offence against section 183(1);
(g) an offence against section 405(1) or (4);
(h) an offence against section 406.".

100. New Division 3 inserted into Schedule 1 to Principal Act
In Schedule 1 to the Principal Act, after
Division 2 insert—
"Division 3—Transitional and Savings Provisions— Residential Tenancies (Amendment) Act 2002
9. Section 16 tenancy agreements
Despite the repeal of section 16 by the Residential Tenancies (Amendment) Act 2002, a tenancy agreement created under section 16 as in force immediately before its repeal is not affected and the rooming house provisions do not apply to that agreement.

Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 s. 100
10. Applications for non-urgent repairs
Section 75(2) as amended by the Residential Tenancies (Amendment) Act 2002 applies to an application in relation to a Director's report received before the commencement of section 17 of that Act if the period under section 75(2) (as in force immediately before its amendment) for making the application has not expired before that commencement.
11. Warrants of possession

Despite the amendment of section 355(1) by the warrant of possession in the form approved by the Minister is sufficient for the purposes of Part 7 if the warrant—

(a)

was issued before the commencement of section 90 of that Act; and
(b) before that commencement has not—
(i) lapsed or been cancelled; or
(ii) been executed.".

__________________
Residential Tenancies (Amendment) Act 2002

s. 101

Act No. 45/2002

PART 10—AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998

101. New clause 77A inserted into Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998

See:

Act No.

In Part 17 of Schedule 1 to the Victorian Civil

53/1998.

and Administrative Tribunal Act 1998, after

Reprint No. 2

as at

clause 77 insert—

15 July 2001

"77A. Failure to comply with determinations

and

amending

Section 133 does not apply to the failure to comply

Act Nos

98/2000,

with a determination of the Tribunal made under the

2/2001,

Residential Tenancies Act 1997.

68/2001 and

Note: See section 480 of the Residential Tenancies

96/2001.

LawToday:

Act 1997.".

102. New rule making power inserted into Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998

At the end of Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 insert—

"Form and content of a warrant of possession under

section 355 of the Residential Tenancies Act 1997.".

═══════════════
Residential Tenancies (Amendment) Act 2002

Act No. 45/2002 Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 14 May 2002
Legislative Council: 8 October 2002
The long title for the Bill for this Act was "to make various amendments
to the Residential Tenancies Act 1997 and for other purposes."

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Citations

Residential Tenancies (Amendment) Act 2002 (Vic)

Cases Citing This Decision

Cases Cited

Statutory Material Cited

4.	Definition inserted	3
5.	Fixed term tenancy agreement for rooming houses repealed	3
6.	Self-contained apartments	3
7.	Minister may declare building to be a rooming house	3
8.	Hotels and motels	4
9.	Exemption of educational institutions	4
10.	Section 22 substituted	5

11.	Record of rent payment	6
12.	How much notice of rent increase is required?	7
13.	What can the Tribunal order?	7
14.	Certain charges prohibited	7
15.	Amendment of references to supply authority	8
16.	Landlord's duty to maintain common areas	8
17.	Application to Tribunal for non-urgent repairs	8
18.	Grounds for entry of rented premises	8
19.	New section 91A inserted	8

21.	Application to Tribunal for creation of tenancy agreement	10
22.	Notices to vacate and notices to leave under section 368	10
23.	Landlord's principal place of residence (fixed term tenancy)	10
24.	Conditional contracts of sale	11

27.	Definitions amended	14
28.	Power to enter into tenancy agreements	14
29.	New section 94A inserted	14

30.	Payment of bond	15
31.	Condition report	15
32.	Record of rent payment	15
33.	How much notice of rent increase is required?	16
34.	What can the Tribunal order?	16
35.	Rent must be reduced if services are reduced	17
36.	Amendment of reference to supply authority	17
37.	New section 109A inserted	17

38.	Application to Tribunal for non-urgent repairs	18
39.	New section 142A inserted	18

40.	Notices to vacate and notices to leave under section 368	19
41.	Conditional contracts of sale	19
42.	New section 287A inserted	20

45.	Payment of bond	22
46.	Condition report	22
47.	Record of rent or hiring charge payment	23
48.	How much notice is required of rent or hiring charge increase?	24
49.	What can the Tribunal order?	24
50.	Rent must be reduced if services are reduced	25
51.	Amendment of references to supply authority	25
52.	Application to Tribunal for non-urgent repairs	25
53.	New section 206A inserted	25

54.	Abandonment of site or caravan	26
55.	Notices to vacate and notices to leave under section 368	26
56.	Conditional contracts of sale	26
57.	Extension of periods for notices to vacate—no reason	28
58.	Certain penalties prohibited	28

62.	Reasons for notice to vacate	30
63.	New section 319A inserted	30

64.	New Division 5 of Part 6 inserted	31
Division 5—Can a Notice to Vacate be Challenged?	31

321A.	Application of Division	31
321B.	Tenant or resident may apply to Tribunal	31
321C.	What can the Tribunal order?	31

70.	Offences relating to lodgement of bonds	35
71.	Late lodgement of bond	35
72.	New section 410A inserted	35

Section	Page
PART 8—AMENDMENTS RELATING TO THE VICTORIAN
CIVIL AND ADMINISTRATIVE TRIBUNAL	37

78.	Rent arrears and possession orders	37
79.	New sections 213A and 213B inserted	37

80.	Extension of period for hearing applications for abandonment	39
81.	Possession order to be made within 7 days of hearing	39
82.	Order to be dismissed or adjourned in certain circumstances	39
83.	Limits of jurisdiction of Tribunal	40
84.	Review of determinations	40
85.	New section 480 inserted	41

86.	Amendment of references to supply authority	42
87.	Duty provisions—required times	42
88.	Contents of breach of duty notice	43
89.	Successive breach notice applies whether or not breach
remedied	43
90.	Warrant of possession	44
91.	Notice to leave for serious acts of violence	44
92.	New section 368A inserted	44

93.	Payment of rent during suspension	45
94.	Compensation to resident for reasonable expenses	45
95.	New section 377A inserted	46

96.	References to Registrar substituted	46
97.	Confidentiality	46
98.	Electronic service of documents	46
99.	New section 508A inserted	47

In this Act, the Residential Tenancies Act 1997	Act No.
is called the Principal Act.	109/1997. Reprint No. 2
as at 13 January
2000
and
amending
Act Nos 28/2000,
35/2000, 74/2000,
11/2001, 27/2001 and
11/2002. LawToday:
dpc.vic.
gov.au

(a)	the end of 12 months after receiving the payment; or
(b)	if a tenant requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the tenant.

(a)	in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form";
(b)	in sub-section (3), after "to apply" insert "within 30 days after the notice is given".

(a)	the first issue of a rent payment card under a tenancy agreement; or
(b)	the establishment or use of direct debit facilities for payment of rent under a tenancy agreement.

(a)	28 days after the landlord has been given written notice of the death of the tenant by the legal personal representative or next of kin of the tenant; or
(b)	28 days after the landlord has given a notice to vacate to the legal personal representative or next of kin of the

(c)	a date agreed in writing between the landlord and the legal personal representative or next of kin of the tenant; or
(d)	the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under sub-section (2).

(a)	the rented premises were provided as transitional housing; and
(b)	section, has published requirements for

(a)	in sub-section (1), for "sections 255 to 263" substitute "sections 255, 256, 257, 258, 259, 260, 261, 262 and 263";
(b)	in sub-section (3)(c), for "28 days" substitute "60 days".

(a)	the end of 12 months after receiving the payment; or
(b)	if a resident requests a copy of the record before the end of 12 months after making the payment, the provision

(a)	in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form";
(b)	in sub-section (5), after "to apply" insert "within 30 days after the notice is given".

(a)	the reduction in rent is to take effect from the time the rooming house owner ceased to provide services to the resident; and
(b)	the rooming house owner is to refund to the resident any excess rent paid by the resident from the time the rooming house owner ceased to provide services until the date of the order.".