Residential Tenancies Regulations 2019 (Vic)
Version No. 002
Residential Tenancies Regulations 2019
S.R. No. 14/2019
Version incorporating amendments as at
19 June 2019
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
6Prescribed tenancy agreements
7Educational institutions—formal affiliation criteria
8Standard form tenancy agreements
9Prescribed amount of rent payable under a standard form tenancy agreement for a fixed term of more than 5 years
10Exemption from receipts for rent—section 43(4) of the Act
11Form of notice of rent increase to a tenant of rented premises
12Prescribed rating for replacement water appliances
13Prescribed amount—urgent repairs by tenant
14Prescribed rating for replacement items in urgent repairs
15Prescribed amount—application by tenant to Tribunal for urgent repairs
16Form of notice of rent increase to a resident of a rooming house
17Prescribed amount—urgent repairs by resident
18Prescribed amount—application by resident to Tribunal for urgent repairs
19Form of notice to prospective caravan park residents
20Form of notice of rent increase or hiring charge increase to a resident of a caravan park
21Prescribed rating for replacement water appliances
22Prescribed amount—urgent repairs to caravans
23Prescribed rating for replacement items in urgent repairs
24Prescribed amount—application to the Tribunal for urgent repairs to caravans
25Form of notice of cooling off period—site tenants
26Form of notice of rent increase—site tenants
27Prescribed notice period—end of fixed term tenancy agreement for more than 5 years
28Form of notice to vacate to a tenant of rented premises
29Form of notice to vacate to a resident of a rooming house
30Form of notice to vacate to a resident of a caravan park
31Form of notice to vacate under section 319(a) of the Act—site tenants
32Form of tenant's notice of objection to the use of the alternative procedure for possession
33Form of tenant's statement of rights—alternative procedure for possession where there are at least 14 days rent arrears
34Form of tenant's statement of rights—alternative procedure for possession at the end of a fixed term tenancy
35Form of notice—disposal of personal documents in a caravan
36Form of notice to leave—violence on managed premises
37Form of notice—goods left behind (forwarding address known)
38Form of notice—goods left behind (forwarding address unknown)
39Form of notice—sale of goods by public auction
40Prescribed information—bond lodgment form
41Prescribed information—Authority's receipt for bond
42Prescribed information—bond substitution form and Authority's receipt for substituted bond
43Prescribed information—assignment or transfer by landlord
44Prescribed information—assignment or transfer by tenant
45Form of notice of affiliation and manner of endorsement
46Infringement offences and infringement penalties
47Superseded references to regulations
Schedule 1—Forms
Schedule 2—Criteria to be considered by school or institution before entering affiliation agreement
Schedule 3—Infringement offences and infringement penalties
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Residential Tenancies Regulations 2019
S.R. No. 14/2019
Version incorporating amendments as at
19 June 2019
1Objectives
The objectives of these Regulations are—
(a)to prescribe criteria to be considered by a school or institution before entering into a written agreement regarding student accommodation; and
(b)to exempt the Director of Housing and its agents from the requirement of the Residential Tenancies Act 1997 relating to receipts for rent; and
(c)to prescribe standard form tenancy agreements for—
(i)a fixed term tenancy agreement of 5 years or less; and
(ii)a fixed term tenancy agreement of more than 5 years; and
(d)to prescribe ratings for replacement water appliances; and
(e)to prescribe amounts for the costs of urgent repairs that tenants and residents may incur in certain circumstances; and
(f)to prescribe an amount of rent payable for the purposes of determining the amount of bond payable under a standard form tenancy agreement; and
(g)to prescribe a period for a notice to vacate at the end of a fixed term tenancy agreement; and
(h)to prescribe information and other forms; and
(i)to prescribe infringement offences and infringement penalties.
2Authorising provision
These Regulations are made under section 511 of the Residential Tenancies Act 1997.
3Commencement
These Regulations come into operation on 3 April 2019.
4Revocations
The following Regulations are revoked—
(a)the Residential Tenancies Regulations 2008[1];
(b)the Residential Tenancies Amendment (Student Accommodation) Regulations 2010[2];
(c)the Residential Tenancies Amendment Regulations 2011[3];
(d)the Residential Tenancies Miscellaneous Amendment Regulations 2011[4];
(e)the Residential Tenancies Amendment (Infringements) Regulations 2011[5];
(f)the Residential Tenancies Amendment (Infringements) Regulations 2012[6];
(g)the Residential Tenancies Amendment Regulations 2013[7];
(h)the Residential Tenancies Amendment (Prescribed Rating for Replacement Water Appliances) Regulations 2014[8];
(i)the Residential Tenancies Amendment Regulations 2016[9];
(j)the Residential Tenancies Further Amendment Regulations 2016[10];
(k)the Residential Tenancies Amendment (Notices to Vacate for Rooming Houses) Regulations 2017[11].
5Definitions
In these Regulations—
recognised non-local DVO means a non-local DVO that is a recognised DVO under the National Domestic Violence Order Scheme Act 2016;
the Act means the Residential Tenancies Act 1997.
6Prescribed tenancy agreements
For the purposes of section 14(2) of the Act, a tenancy agreement is a prescribed agreement if—
(a)the landlord is the Director of Housing; and
(b)the tenancy agreement arises because the tenant was directly affected by the bushfires that occurred in Victoria in January and February 2009.
7Educational institutions—formal affiliation criteria
For the purposes of section 21(3) of the Act, the prescribed criteria are the criteria listed in Schedule 2.
8Standard form tenancy agreements
(1)For the purposes of section 26(1) of the Act, the prescribed standard form tenancy agreement is Form 1 in Schedule 1.
(2)For the purposes of section 26(1A)(b)(ii) of the Act, the prescribed standard form tenancy agreement is Form 2 in Schedule 1.
9Prescribed amount of rent payable under a standard form tenancy agreement for a fixed term of more than 5 years
For the purposes of section 31(3)(b) of the Act, the prescribed amount for a tenancy agreement for a fixed term of more than 5 years in the standard form tenancy agreement prescribed for the purposes of section 26(1A)(b)(ii) of the Act is $760.
Note
Section 34(1)(a)(ii) of the Act refers to the amount prescribed by this regulation.
10Exemption from receipts for rent—section 43(4) of the Act
For the purposes of section 43(4) of the Act, the Director of Housing or an agent of the Director of Housing is prescribed as a person who is exempt from the requirements of section 43(1), (2) and (3) of the Act subject to the condition that a receipt for payment of rent under a tenancy agreement must—
(a)be in writing; and
(b)state—
(i)particulars sufficient to identify the tenant and the rented premises; and
(ii)the date of receipt; and
(iii)the amount paid; and
(iv)the fact that the payment is for rent.
11Form of notice of rent increase to a tenant of rented premises
For the purposes of section 44(1) of the Act, the prescribed form is Form 3 in Schedule 1.
12Prescribed rating for replacement water appliances
For the purposes of section 69 of the Act, the prescribed level of rating in a prescribed rating system is—
(a)a 3 star rating in the WELS Scheme as defined in the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth; or
(b)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in paragraph (a) cannot be installed or, when installed, will not operate effectively—a one star rating or a 2 star rating in the WELS Scheme.
Example
If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.
13Prescribed amount—urgent repairs by tenant
For the purposes of section 72(2)(b) of the Act, the prescribed amount is $1800.
14Prescribed rating for replacement items in urgent repairs
For the purposes of section 72(3) of the Act, the prescribed level of rating in a prescribed rating system is—
(a)a 3 star rating in the WELS Scheme as defined in the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth; or
(b)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in paragraph (a) cannot be installed or, when installed, will not operate effectively—a one star rating or a 2 star rating in the WELS Scheme.
15Prescribed amount—application by tenant to Tribunal for urgent repairs
For the purposes of section 73(1)(b) of the Act, the prescribed amount is $1800.
16Form of notice of rent increase to a resident of a rooming house
For the purposes of section 101(1) of the Act, the prescribed form is Form 4 in Schedule 1.
17Prescribed amount—urgent repairs by resident
For the purposes of section 129(2)(b) of the Act, the prescribed amount is $1800.
18Prescribed amount—application by resident to Tribunal for urgent repairs
For the purposes of section 130(1)(b) of the Act, the prescribed amount is $1800.
19Form of notice to prospective caravan park residents
For the purposes of section 145 of the Act, the prescribed form of notice to prospective caravan park residents is Form 5 in Schedule 1.
20Form of notice of rent increase or hiring charge increase to a resident of a caravan park
For the purposes of section 152(1) and (2) of the Act, the prescribed form is Form 6 in Schedule 1.
21Prescribed rating for replacement water appliances
For the purposes of section 181 of the Act, the prescribed level of rating in a prescribed rating system is—
(a)a 3 star rating in the WELS Scheme as defined in the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth; or
(b)if, because of the age, nature or structure of the plumbing in the caravan, a replacement with a 3 star rating referred to in paragraph (a) cannot be installed or, when installed, will not operate effectively—a one star rating or a 2 star rating in the WELS Scheme.
22Prescribed amount—urgent repairs to caravans
For the purposes of section 188(2)(b) of the Act, the prescribed amount is $1800.
23Prescribed rating for replacement items in urgent repairs
For the purposes of section 188(3) of the Act, the prescribed level of rating in a prescribed rating system is—
(a)a 3 star rating in the WELS Scheme as defined in the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth; or
(b)if, because of the age, nature or structure of the plumbing in the caravan, a replacement with a 3 star rating referred to in paragraph (a) cannot be installed or, when installed, will not operate effectively—a one star rating or a 2 star rating in the WELS Scheme.
24Prescribed amount—application to the Tribunal for urgent repairs to caravans
For the purposes of section 189(1)(b) of the Act, the prescribed amount is $1800.
25Form of notice of cooling off period—site tenants
For the purposes of section 206I(2) of the Act, the prescribed form of notice of the cooling off period for a site tenant is Form 7 in Schedule 1.
26Form of notice of rent increase—site tenants
For the purposes of section 206V(1) of the Act, the prescribed form is Form 8 in Schedule 1.
27Prescribed notice period—end of fixed term tenancy agreement for more than 5 years
For the purposes of section 261(3)(a)(i) of the Act, the prescribed period before the end of the fixed term is 120 days.
28Form of notice to vacate to a tenant of rented premises
(1)For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate to a tenant of rented premises is Form 9 in Schedule 1.
(2)For the purposes of sections 319(a) and 319A of the Act, the prescribed form of composite notice to vacate to a tenant of rented premises is Form 10 in Schedule 1.
29Form of notice to vacate to a resident of a rooming house
(1)For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate to a resident of a rooming house is Form 11 in Schedule 1.
(2)For the purposes of sections 319(a) and 319A of the Act, the prescribed form of composite notice to vacate to a resident of a rooming house is Form 12 in Schedule 1.
30Form of notice to vacate to a resident of a caravan park
For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate to a resident of a caravan park is Form 13 in Schedule 1.
31Form of notice to vacate under section 319(a) of the Act—site tenants
For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate for a site tenant is Form 14 in Schedule 1.
32Form of tenant's notice of objection to the use of the alternative procedure for possession
(1)For the purposes of sections 336(3)(b), 337(4)(a) and 338(1) of the Act, the prescribed form of the tenant's notice of objection is Form 15 in Schedule 1.
(2)For the purposes of section 338(1)(a) of the Act, the prescribed manner is in accordance with the applicable rules of the Tribunal.
33Form of tenant's statement of rights—alternative procedure for possession where there are at least 14 days rent arrears
For the purposes of section 336(3)(c) of the Act, the prescribed form of the statement of tenant's rights is Form 16 in Schedule 1.
34Form of tenant's statement of rights—alternative procedure for possession at the end of a fixed term tenancy
For the purposes of section 337(4)(b) of the Act, the prescribed statement of tenant's rights is Form 17 in Schedule 1.
35Form of notice—disposal of personal documents in a caravan
For the purposes of section 361 of the Act, the prescribed form of notice is Form 18 in Schedule 1.
36Form of notice to leave—violence on managed premises
For the purposes of section 368(3) of the Act, the prescribed form of notice to leave is Form 19 in Schedule 1.
37Form of notice—goods left behind (forwarding address known)
For the purposes of section 386(2)(a) of the Act, the prescribed form of notice is Form 20 in Schedule 1.
38Form of notice—goods left behind (forwarding address unknown)
For the purposes of section 386(2)(b) of the Act, the prescribed form of notice is Form 21 in Schedule 1.
39Form of notice—sale of goods by public auction
For the purposes of section 392 of the Act, the prescribed form of notice is Form 22 in Schedule 1.
40Prescribed information—bond lodgment form
For the purposes of section 405(1)(a) of the Act, the prescribed information is—
(a)the type of premises (separate house, terrace or semi-detached, flat or unit, rooming house, caravan or other type of premises, as the case may be); and
(b)the amount of bond; and
(c)the date the bond was received by the landlord, rooming house owner, caravan park owner or caravan owner or that person's agent; and
(d)the names of the tenants or residents who contributed to the bond; and
(e)the name and address of the landlord, rooming house owner, caravan park owner or caravan owner or that person's agent; and
(f)the street address of the rented premises, the rooming house and room number or the caravan park and site number; and
(g)whether the Director of Housing paid the bond; and
(h)the date the tenancy starts; and
(i)the weekly rental amount; and
(j)the period or duration of the tenancy; and
(k)the number of bedrooms in the tenanted premises; and
(l)the type of tenancy involved (fixed or periodical).
41Prescribed information—Authority's receipt for bond
For the purposes of section 407(1) of the Act, the prescribed information is—
(a)the type of tenure (rented premises, rooming house or caravan park); and
(b)the amount of bond; and
(c)the date the bond was received by the Authority; and
(d)the names of the tenants or residents who contributed to the bond; and
(e)the address of the rented premises, the rooming house and room number or the caravan park and site number; and
(f)the name and address of the landlord, rooming house owner, caravan park owner or caravan owner; and
(g)the bond number assigned to the bond by the Authority.
42Prescribed information—bond substitution form and Authority's receipt for substituted bond
(1)For the purposes of section 410B(2)(a) of the Act, the prescribed information is—
(a)the amount of bond held by the Authority; and
(b)the amount of the bond substituted by the Director of Housing; and
(c)the names of the tenants or residents who contributed to the bond; and
(d)the address of the rented premises, the rooming house and room number or the caravan park and site number.
(2)For the purposes of section 410B(4)(c) of the Act, the prescribed information is—
(a)the type of tenure (rented premises, rooming house or caravan park); and
(b)the amount of bond held by the Authority; and
(c)the names of the tenants or residents who contributed to the bond; and
(d)the address of the rented premises, the rooming house and room number or the caravan park and site number; and
(e)the name and address of the landlord, rooming house owner, caravan park owner or caravan owner; and
(f)the bond number assigned to the bond by the Authority.
43Prescribed information—assignment or transfer by landlord
For the purposes of section 424(2)(a) of the Act, the prescribed information is—
(a)the bond number assigned to the bond by the Authority; and
(b)the amount of bond; and
(c)the names of the tenants; and
(d)the address of the rented premises; and
(e)the name and address of the former landlord; and
(f)the name and address of the new landlord; and
(g)the effective date of the assignment or transfer.
44Prescribed information—assignment or transfer by tenant
For the purposes of section 425(2)(a) of the Act, the prescribed information is—
(a)the bond number assigned to the bond by the Authority; and
(b)the amount of bond; and
(c)the name and address of the landlord; and
(d)the address of the rented premises; and
(e)the names of the former tenants; and
(f)the names of the new tenants; and
(g)the effective date of the assignment or transfer.
45Form of notice of affiliation and manner of endorsement
(1)For the purposes of section 505B of the Act, the prescribed form of notice is Form 23 in Schedule 1.
(2)For the purposes of section 505B(a) of the Act, the prescribed manner of endorsement of a notice of affiliation by a school or institution (as the case may be) is that the seal or other official endorsement of the school or institution, which is approved by the school council or governing body of the school or institution, is affixed to the notice.
46Infringement offences and infringement penalties
(1)For the purposes of section 510C(1) of the Act, an offence specified in Column 2 of Schedule 3 is prescribed as an infringement offence.
(2)For the purposes of section 510C(2) of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in Column 3 of Schedule 3 in respect of that infringement offence.
47Superseded references to regulations
Unless the contrary intention appears or the context otherwise requires, on and from 3 April 2019—
(a)a reference to a regulation in the Residential Tenancies Regulations 2008 specified in Column 1 of the Table in any document is to be read as a reference to the corresponding regulation in the Residential Tenancies Regulations 2019 in Column 2 of the Table; and
(b)a reference to a Form in the Residential Tenancies Regulations 2008 specified in Column 1 of the Table in any document is to be read as a reference to the corresponding Form in the Residential Tenancies Regulations 2019 in Column 2 of the Table.
Table
Residential Tenancies Regulations 2008 Residential Tenancies Regulations 2019 Regulation 5A Regulation 6 Regulation 5AB Regulation 7 Regulation 6 Regulation 10 Regulation 7 Regulation 8(1) Regulation 7AA Regulation 12 Regulation 7AB Regulation 14 Regulation 7A Regulation 13 Regulation 7B Regulation 15 Regulation 7C Regulation 17 Regulation 7D Regulation 18 Regulation 8 Regulation 19 Regulation 8AA Regulation 21 Regulation 8AB Regulation 23 Regulation 8A Regulation 22 Regulation 8B Regulation 24 Regulation 8C Regulation 25 Regulation 9 Regulation 28 Regulation 10 Regulation 29 Regulation 11 Regulation 30 Regulation 11A Regulation 31 Regulation 12 Regulation 32 Regulation 13 Regulation 33 Regulation 14 Regulation 34 Regulation 15 Regulation 35 Regulation 16 Regulation 36 Regulation 17 Regulation 37 Regulation 18 Regulation 38 Regulation 19 Regulation 39 Regulation 20 Regulation 11 Regulation 21 Regulation 16 Regulation 22 Regulation 20 Regulation 22A Regulation 26 Regulation 23 Regulation 40 Regulation 24 Regulation 41 Regulation 24A Regulation 42 Regulation 25 Regulation 43 Regulation 26 Regulation 44 Regulation 26A Regulation 45(1) Regulation 26B Regulation 45(2) Regulation 27 Regulation 46 Form 1 Form 1 Form 2 Form 5 Form 2A Form 7 Form 3 Form 9 Form 4 Form 10 Form 5 Form 11 Form 6 Form 12 Form 7 Form 13 Form 7A Form 14 Form 8 Form 15 Form 9 Form 16 Form 10 Form 17 Form 11 Form 18 Form 12 Form 19 Form 13 Form 20 Form 14 Form 21 Form 15 Form 22 Form 16 Form 3 Form 17 Form 4 Form 18 Form 6 Form 18A Form 8 Form 19 Form 23
Note
Refer to section 30 of the Interpretation of Legislation Act 1984.
Schedule 1—Forms
FORM 1
Residential Tenancies Act 1997
(Section 26(1))
(Regulation 8(1))
RESIDENTIAL TENANCY AGREEMENT
THIS agreement is made on [insert date]
at [insert place of agreement]
BETWEEN (LANDLORD)
[insert name, ACN (if LANDLORD is a company) and address of landlord]
*(whose agent is )
[insert name, ACN (if agent is a company), business address and telephone number of agent]
*delete if inapplicable.
AND (TENANT)
[insert name, ACN (if TENANT is a company) and address of tenant]
1. PREMISES
The LANDLORD lets the premises known as
[insert premises address]
*(together with those items indicated in the schedule of items)
*delete if inapplicable.
2. RENT
The rent amount is ($) [insert rent amount]
The date the first rent payment is due is [insert date first rent payment due]
Pay period
*weekly
*fortnightly
*monthly [insert the date of each month when the rent is due]Place of payment [insert place rent is paid]
*delete if inapplicable.
3. BOND
The TENANT must pay a bond of $ [insert bond amount]
to the LANDLORD/agent on [insert date].
In accordance with the Residential Tenancies Act 1997, the LANDLORD must lodge the bond with the Residential Tenancies Bond Authority within 10 business days after receiving the bond.
If there is more than one TENANT and they do not contribute equally to the total bond, the amounts they each contribute are listed here:
NAME AMOUNT
If the TENANT does not receive a bond receipt from the Residential Tenancies Bond Authority within 15 business days of paying a bond, the TENANT should contact the Residential Tenancies Bond Authority.
4. PERIOD
(a)The period of the agreement is [insert period]
commencing on the day of [insert date]
and ending on the day of [insert date].
Unless the agreement terminates in accordance with the Residential Tenancies Act 1997, the agreement will continue as a periodic tenancy.
OR
(b)The agreement will commence on [insert date] and continue until terminated in accordance with the Residential Tenancies Act 1997.
4A. CONSENT TO ELECTRONIC SERVICE
(1) Express Consent
The TENANT:
(Check one box only)
oConsents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:
[insert email address]
OR
oDoes not consent to the electronic service of notices and other documents.
The LANDLORD:
(Check one box only)
oConsents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:
[insert email address]
OR
oDoes not consent to the electronic service of notices and other documents.
(2)Inferred Consent
If the TENANT or the LANDLORD (as the case may be) has not consented to electronic service under subclause (1), the TENANT or the LANDLORD must not infer consent to electronic service from the receipt or response to emails or other electronic communications.
(3)Change of Electronic Address
The TENANT or the LANDLORD must immediately give notice in writing to the other party if the email address for electronic service under subclause (1) changes.
(4)Withdrawal of Consent
(a)The TENANT or the LANDLORD may withdraw their consent under subclause (1) to electronic service of notices and other documents only by giving notice in writing to the other party.
(b)Following the giving of notice under paragraph (a), no further notices or other documents are to be served by electronic communication.
5. CONDITION OF THE PREMISES
The LANDLORD must—
(a)ensure that the premises are maintained in good repair; and
(b)if the LANDLORD owns or controls the common areas relating to those premises, take reasonable steps to ensure that the common areas are maintained in good repair.
6. DAMAGE TO THE PREMISES
(a)The TENANT must ensure that care is taken to avoid damaging the rented premises.
(b)The TENANT must take reasonable care to avoid damaging any common areas.
(c)The TENANT who becomes aware of damage to the rented premises must give notice to the LANDLORD of any damage to the premises as soon practicable.
7. CLEANLINESS OF THE PREMISES
(a)The LANDLORD must ensure that the premises are in a reasonably clean condition on the day on which it is agreed that the TENANT is to enter into occupation of the premises.
(b)The TENANT must keep the premises in a reasonably clean condition during the period of agreement.
8. USE OF PREMISES
(a)The TENANT must not use or allow the premises to be used for any illegal purpose.
(b)The TENANT must not use or allow the premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises.
9. QUIET ENJOYMENT
The LANDLORD must take all reasonable steps to ensure that the TENANT has quiet enjoyment of the premises.
10. ASSIGNMENT OR SUB-LETTING
(a)The TENANT must not assign or sub-let the whole or any part of the premises without the written consent of the LANDLORD. The LANDLORD's consent must not be unreasonably withheld.
(b)The LANDLORD must not demand or receive any fee or payment for the consent, except in respect of any fees, costs or charges incurred by the LANDLORD in relation to the preparation of a written assignment of the agreement.
11. RESIDENTIAL TENANCIES ACT 1997
Each party must comply with the Residential Tenancies Act 1997.
(NOTE: Reference should be made to the Residential Tenancies Act 1997 for further rights and duties.)
SCHEDULE OF ITEMS (See Clause 1)
ADDITIONAL TERMS
Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section.
Any additional terms must also comply with the Unfair Contract Terms under Part 2‑3 of the Australian Consumer Law (Victoria).
Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit signature of LANDLORD]
TENANT
[insert signature of TENANT]
FORM 2
Residential Tenancies Act 1997
(Section 26(1A)(b)(ii))
(Regulation 8(2))
RESIDENTIAL TENANCY AGREEMENT FOR A FIXED TERM OF MORE THAN 5 YEARS
THIS agreement is made on the day of
at
BETWEEN (LANDLORD)
[insert name, ACN (if LANDLORD is a company) and address of landlord]
*(whose agent is )
*[insert name, ACN (if AGENT is a company) and address of agent]
*delete if inapplicable.
AND
[insert name, ACN (if TENANT is a company) and
address of tenant 1] (TENANT 1)
*[insert name, ACN (if TENANT is a company) and
address of tenant 2] *(TENANT 2)
*[insert name, ACN (if TENANT is a company) and
address of tenant 3] *(TENANT 3)
*[insert name, ACN (if TENANT is a company) and
address of tenant 4] *(TENANT 4)
*delete if inapplicable.
PART A—GENERAL
1. PREMISES
The LANDLORD lets the premises known as [insert premises address]
to the TENANT.
*(together with those items indicated in Schedule 1)
*delete if inapplicable.
2. RENT
The TENANT must pay the rent to the LANDLORD as follows:
The rent amount is ($): [insert rent amount]
Date first rent payment is due: [insert date]
Pay period
*weekly
*fortnightly
*monthly [insert date of month when rent due]
Method of payment: [insert method of payment]
Annual percentage increase (only complete this if you choose Option 2 in clause 6 in Part B—Fixed Percentage Increase)
*delete if inapplicable.
3. BOND
(1)The TENANT must pay the bond amount specified below.
(2)In accordance with the Residential Tenancies Act 1997, the LANDLORD/agent must lodge the bond with the Residential Tenancies Bond Authority (RTBA) within 10 business days after receiving the bond.
(3)If the TENANT does not receive a bond receipt from the RTBA within 15 business days of handing over the bond money, they should telephone the RTBA on 1300 13 71 64.
Bond amount ($) [insert bond amount]
Date bond payment due: [insert date bond due]
If there is more than one TENANT and they do not contribute equally to the total bond, the amounts they each contribute must be listed here. This list is for reference only and will not be recognised by the RTBA.
Name of TENANT Bond amount ($)
TENANT 1
*TENANT 2
*TENANT 3
*TENANT 4
*delete if inapplicable.
(4)The LANDLORD may require the TENANT to pay an additional amount of bond after the expiry of the first 5 years of the term, or where the TENANT has been in continuous occupation of the premises for at least 5 years, if—
(a)there is an unexpired period of 5 years under this agreement, or this agreement has been extended for an additional 5 years; and
(b)the LANDLORD provides 120 days written notice to the TENANT.
(5)The additional amount of bond will be determined by—
(a)calculating a total amount of bond for the next 5-year period of this agreement by using the rent payable at the commencement date of the next 5 year period; and
(b)subtracting the total amount of bond currently lodged with the RTBA from the total amount of bond calculated under paragraph (a).
(6)The additional amount of bond calculated in accordance with clause 3(5) must be paid by the TENANT on or before the end of the period of notice referred to in subclause (4)(b).
(7)The LANDLORD/agent must lodge the additional amount of bond with the RTBA within 10 business days of receiving the additional amount of bond.
(8)The maximum bond payable by the TENANT under this agreement must not exceed the maximum amount payable under section 31(1) of the Residential Tenancies Act 1997.
(9)The LANDLORD must not require an additional amount of bond more than once in any 5-year period of this agreement.
4. PERIOD/TERM
Fixed term: [insert term years]
Commencement date: [insert commencement date]
Expiry date: [insert expiry date]
(To be no earlier than the date that is 5 years and one day from the commencement date)
unless this agreement terminates in accordance with the Residential Tenancies Act 1997—refer to sections 216 to 228—or the term of this agreement is reduced by an order of the Victorian Civil and Administrative Tribunal made under section 233B (family violence intervention order) or section 234 (reduction of fixed term tenancy) of that Act.
Note: Clause 15 in Part B provides for the extension of the term of this agreement.
5. URGENT REPAIRS
Emergency contact name and telephone number (if available):
PART B—RIGHTS AND DUTIES
6. RENT ADJUSTMENTS
*[Option 1—CPI adjustment]
(1)In this clause—
(a)CPI means the Consumer Price Index—All Groups Melbourne (or if this index is not available or is discontinued or suspended, any other index that represents the rise in the cost of living in Melbourne as identified by the LANDLORD, acting reasonably);
and(b)Current CPI means the CPI number for the quarter ending immediately before the rent is reviewed; and
(c)Previous CPI means the CPI number for the quarter ending immediately before the previous time that the rent was reviewed (or if it is the first rent review of the term, the CPI number prior to the commencement date).
(2)On each anniversary of the commencement date, the LANDLORD may adjust the rent by an amount equal to the rent payable immediately before the review of the rent, multiplied by the Current CPI and divided by the Previous
CPI.
(3)If the LANDLORD elects to adjust the rent in accordance with subclause (1)(b) in this option, the LANDLORD must provide the TENANT with written notice of the new rent 60 days prior to the date the rent will increase and the LANDLORD must complete the relevant fields of the table below.
DateCurrent CPI Previous CPI New Rental Amount 1st anniversary of commencement date $ 2nd anniversary of commencement date $ 3rd anniversary of commencement date $ 4th anniversary of commencement date $ 5th anniversary of commencement date $ Note
If this agreement is longer than 6 years, attach a separate sheet.
*[Option 1A—SRI adjustment]
(1)In this clause—
(a)SRI means the Statewide Rent Index published in the quarterly Rental Report by the Department of Health and Human Services; and
(b)Current SRI means the SRI number for the quarter ending immediately before the rent is reviewed; and
(c)Previous SRI means the SRI number for the quarter ending immediately before the previous time that the rent was reviewed (or if it is the first rent review of the term, the SRI number prior to the commencement date).
(2)On each anniversary of the commencement date, the LANDLORD may adjust the rent by an amount equal to the rent payable immediately before the review of the rent, multiplied by the Current SRI and divided by the Previous SRI.
(3)If the LANDLORD elects to adjust the rent in accordance with subclause (1)(b) in this option, the LANDLORD must provide the TENANT with written notice of the new rent
60 days prior to the date the rent will increase and the LANDLORD must complete the relevant fields of the table in subclause (4).
(4)If the SRI ceases to be published by the Department of Health and Human Services, the rent will be adjusted and this clause will be taken to have been replaced by the CPI-based rent adjustment mechanism clause set out in Form 2 in Schedule 1 to the Residential Tenancies Regulations 2019.
DateCurrent SRI Previous SRI New Rental Amount 1st anniversary of commencement date $ 2nd anniversary of commencement date $ 3rd anniversary of commencement date $ 4th anniversary of commencement date $ 5th anniversary of commencement date $ Note
If this agreement is longer than 6 years, attach a separate sheet.
*[Option 2—Fixed Percentage Increase]
(1)On each anniversary of the commencement date, the rent will be increased by the annual percentage increase in clause 2.
(2)The LANDLORD must provide the TENANT with written notice of the new rent 60 days prior to the date the rent will increase.
*[Option 3—Fixed Amount Increase]
The rent will increase on each anniversary of the commencement date in accordance with the table below.
Date New Rental Amount 1st anniversary of commencement date $ 2nd anniversary of commencement date $ 3rd anniversary of commencement date $ 4th anniversary of commencement date $ 5th anniversary of commencement date $ Note
If this agreement is longer than 6 years, attach a separate sheet.
*delete if inapplicable.
7. CONSENT TO ELECTRONIC SERVICE
(1)Express consent
(a)The TENANT—
(check one box only)
oConsents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:
[insert email address]
OR
oDoes not consent to the electronic service of notices and other documents; and
(b)The LANDLORD—
(check one box only)
oConsents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:
[insert email address]
OR
oDoes not consent to the electronic service of notices and other documents.
(2)No inferred consent
If the TENANT or the LANDLORD (as the case may be) have not consented to electronic service under subclause (1)(a), the TENANT or the LANDLORD must not infer consent to electronic service merely from the receipt of or response to emails or other electronic communications.
(3)Change of electronic address
The TENANT or the LANDLORD must immediately give notice in writing to the other party if the email address for electronic service under subclause (1)(a) changes.
(4)Withdrawal of consent
(a)the TENANT or the LANDLORD may withdraw their consent under subclause (1)(a) to electronic service of notices and other documents only by giving notice in writing to the other party; and
(b)following the giving of notice under paragraph (a), no further notices or other documents are to be served by electronic communication.
Note
Consenting to electronic service does not mean a party cannot serve a notice or document on another party to this agreement by using other methods of service authorised by the Residential Tenancies Act 1997, such as service in person or by post.
8. CONDITION OF THE PREMISES AND COMMON AREAS
The LANDLORD must—
(a)ensure that the premises are maintained in good repair; and
(b)if the LANDLORD owns or controls the common areas, take reasonable steps to ensure that the common areas are maintained in good repair, and make any capital and structural repairs to the premises required to maintain the premises.
9. MODIFICATIONS TO THE PREMISES
(1)The TENANT must not install any fixtures or make any alteration, addition, installation or renovation to the premises without the LANDLORD'S consent, which must not be unreasonably refused.
(2)The LANDLORD and the TENANT agree and the LANDLORD consents to the alterations, additions, installations and renovations set out in Part E of this agreement.
(3)The LANDLORD and the TENANT must complete, sign and date Part E of this agreement prior to the TENANT making any alteration, addition, installation or renovation to the premises referred to in Part E.
(4)At the expiry or earlier termination of the tenancy agreement, the TENANT must undertake the restoration requirements (if any) or pay to the LANDLORD the amount (if any), specified in Part E of this agreement.
Notes
1 If the LANDLORD and TENANT subsequently agree to any further alterations, additions, installations or renovations to the premises, they must, on each such occasion, complete and attach an additional copy of Part E of this agreement.
2 If a TENANT requests alterations to the premises to meet their needs as a consequence of a disability, the LANDLORD must comply with their obligations under the Equal Opportunity Act 2010 and the Disability Discrimination Act 1992 of the Commonwealth.
3 Section 64(2) of the Residential Tenancies Act 1997 provides that a TENANT who has installed fixtures or altered or made additions to rented premises, whether with or without the LANDLORD'S consent, must restore the premises or pay the LANDLORD the reasonable cost of restoration before the tenancy is terminated— unless this agreement provides otherwise or the LANDLORD and TENANT otherwise agree.
10. DAMAGE TO THE PREMISES
(1)The TENANT must not intentionally or negligently cause damage to the rented premises or any common areas (fair wear and tear excepted).
(2)If the TENANT becomes aware of damage to the rented premises the TENANT must give notice to the LANDLORD as soon as practicable.
11. CLEANLINESS OF THE PREMISES
(1)The LANDLORD must ensure that the premises are in a reasonably clean condition on the day on which it is agreed that the TENANT is to enter into occupation of the premises.
(2)The TENANT must keep the premises in a reasonably clean condition during the period of the agreement, except to the extent that the LANDLORD is responsible under the Residential Tenancies Act 1997 for keeping the premises in that condition.
(3)The TENANT must ensure that, when the premises are vacated, the premises are in a reasonably clean condition, and as far as practicable, to the same standard as the day the TENANT entered into occupation, taking into account fair wear and tear to the premises.
12. USE OF PREMISES
(1)The TENANT agrees that the premises are to be the TENANT'S principal place of residence.
(2)The TENANT must not use or allow the premises to be used for any illegal purpose.
(3)The TENANT must not use or allow the premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises.
13. QUIET ENJOYMENT
The LANDLORD must take all reasonable steps to ensure that the TENANT has quiet enjoyment of the premises.
14. ASSIGNMENT OR SUB-LETTING
(1)The TENANT must not assign or sub-let the whole or any part of the premises without the written consent of the LANDLORD. The LANDLORD'S consent must not be unreasonably withheld.
(2)The LANDLORD must not demand or receive any fee or payment for the consent, except in respect of any fees, costs or charges incurred by the LANDLORD in relation to the preparation of a written assignment of this agreement.
(3)If the TENANT makes a request in writing to the LANDLORD for consent to assign or sub-let the whole or any part of the premises, and the LANDLORD has not responded to the TENANT within 30 days of receipt of the request from the TENANT, the LANDLORD'S consent is deemed to have been provided.
15. EXTENSION OF TERM
(1)The LANDLORD and the TENANT agree that this agreement may be extended—
(a)for any period that they agree; and
(b)as many times as they agree to do so.
(2)If the LANDLORD and the TENANT agree to an extension of the term, the LANDLORD and the TENANT must complete, sign and date Part D of this agreement.
(3)The terms and conditions of the extended term will otherwise be the same as the terms and conditions contained in this agreement, modified if necessary to apply to the extended term.
16. LANDLORD'S ENTRY
If the LANDLORD wishes to conduct a general condition inspection of the premises—
(a)such inspections must not be conducted more frequently than once every 12 months; and
(b)the LANDLORD must provide the TENANT with 14 days written notice of the inspection; and
(c)the LANDLORD must otherwise comply with the Residential Tenancies Act 1997.
Note
This clause varies the frequencies of inspections that would otherwise be authorised under section 86(1)(f) of the Residential Tenancies Act 1997.
17. UTILITIES
(1)If the LANDLORD believes it is necessary to install separate meters for the utilities connected to the premises such as electricity, gas, telephone and water, the LANDLORD must pay for the installation of the meters.
(2)The TENANT must pay for its consumption of the utilities available at premises that are separately metered.
(3)If the utilities are not separately metered, the LANDLORD must pay the costs of the TENANT'S consumption.
18. ENDING THE TENANCY EARLY
(1)Subject to subclause (3), if the TENANT terminates this agreement before the term of this agreement ends, the LANDLORD and TENANT agree that the LANDLORD may require the TENANT to pay an amount of rent foregone under this agreement which must not exceed an amount equal to one month's rent for each unexpired full year of the term, up to a maximum of 6 unexpired years, calculated at the rate of rent payable in the year that this agreement is terminated.
(2)The LANDLORD will take all reasonable steps to re-let the premises or otherwise minimise the amount of any rent foregone under this agreement.
(3)The LANDLORD is not entitled to an amount of rent foregone under subclause (1) if this agreement terminates because—
(a)the TENANT has given the LANDLORD notice of intention to vacate rented premises under section 238 of the Residential Tenancies Act 1997; or
(b)the TENANT has given the LANDLORD notice of intention to vacate rented premises under section 239 of the Residential Tenancies Act 1997; or
(c)the TENANT has given the LANDLORD notice of intention to vacate rented premises under section 240 of the Residential Tenancies Act 1997.
Note
A party to this agreement may apply to the Victorian Civil and Administrative Tribunal under section 234 of the Residential Tenancies Act 1997 for an order reducing the term of this agreement and making any necessary consequential variations to this agreement.
19. RESIDENTIAL TENANCIES ACT 1997
(1)Each party must comply with the Residential Tenancies Act 1997.
(2)If any of the terms in Part A or B of this agreement are inconsistent with the Residential Tenancies Act 1997, the terms of this agreement override the Residential Tenancies Act 1997 to the extent of that inconsistency.
(3)For further rights and duties refer to the Residential Tenancies Act 1997.
(4)Either party can apply to the Victorian Civil and Administrative Tribunal for a compliance order in circumstances where the other party has breached a term of Part A or B of this agreement.
Note
A compliance order issued by the Victorian Civil and Administrative Tribunal can require a party to attend to a breach of a provision in Part A or B of this agreement. However, a compliance order cannot be obtained to enforce an additional term included by virtue of Part C or D of this agreement.
PART C—SCHEDULES AND SIGNATURES
SCHEDULE 1: (Clause 1 of Part A)
1. ITEMS LET WITH THE PREMISES (IF ANY)
This clause lists any additional items let with the premises. If you need extra space, please attach a separate sheet.
Both the LANDLORD and TENANT should sign and date any attachments.
2. ADDITIONAL TERMS (IF ANY)
This clause lists any additional terms to this agreement. The terms listed cannot take away any of the rights and duties set out in the Residential Tenancies Act 1997 or Parts A and B of this agreement and must not include any terms that have been prescribed as prohibited terms. If you need extra space, please attach a separate sheet.
Both the LANDLORD and TENANT should sign and date any attachments.
Any additional terms must comply with the Unfair Contract Terms provisions in the Australian Consumer Law (Victoria).
[insert any additional terms that apply]
Signatures
LANDLORD
Date:
TENANT 1
Date:
TENANT 2
Date:
TENANT 3
Date:
TENANT 4
Date:
PART D—EXTENSION OF TERM (Clause 15 of Part B)
3. EXTENSION OF TERM
The LANDLORD and the TENANT agree that the duration of this agreement is extended to the new expiry date specified below—
[insert new expiry date]
unless this agreement terminates earlier in accordance with the Residential Tenancies Act 1997—refer to sections 216 to 228—or the term of this agreement is reduced by an order of the Victorian Civil and Administrative Tribunal made under section 233B (family violence intervention order) or section 234 (reduction of fixed term tenancy) of that Act.
4. ADDITIONAL TERMS (IF ANY)
This clause lists any additional terms to this agreement that apply under the extended term. The additional terms listed cannot take away any of the rights and duties set out in the Residential Tenancies Act 1997 or Parts A and B of this agreement and must not include any terms that have been prescribed as prohibited terms. If you need extra space, please attach a separate sheet.
Both the LANDLORD and TENANT should sign and date any attachments.
Any additional terms must comply with the Unfair Contract Terms provisions in the Australian Consumer Law (Victoria).
[insert any new terms that apply in the extended term]
Signatures
LANDLORD
Date:
TENANT 1
Date:
TENANT 2
Date:
TENANT 3
Date:
TENANT 4
Date:
PART E—ALTERATIONS, ADDITIONS, INSTALLATIONS, RENOVATIONS AND RESTORATION REQUIREMENTS (Clause 9)
1.PERMITTED ALTERATIONS, ADDITIONS, INSTALLATIONS AND RENOVATIONS TO THE PREMISES
Subject to the restoration requirements (if any) specified in this Part, the LANDLORD consents to the TENANT making the alterations, additions, installations or renovations to the premises specified below:
[Insert alterations, additions, installations or renovations to the premises that the TENANT is permitted to make during the term, for example—
• installation of picture hooks or screws for wall mounts, shelves, brackets and similar products;
• alterations and modifications that are required for health and safety reasons or are necessary to ensure the safety of a TENANT who has been or is being subjected to family violence by another TENANT (including a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO) or is a protected person under a personal safety intervention order made against another TENANT.]
2.RESTORATION REQUIREMENTS
If the TENANT undertakes the alterations, additions, installations or renovations to the premises specified above, EITHER—
(check the appropriate box)
o the LANDLORD agrees that there is no requirement to restore the premises or pay for restoration of the premises;
OR
o the TENANT agrees to undertake the restoration requirements or pay the amount specified at the expiry or earlier termination of this agreement, as set out below.
[insert restoration requirements that apply at the expiry or earlier termination of this agreement]
Note
The requirements listed cannot take away any of the rights and duties set out in Parts A and B of this agreement and must not include any terms that have been prescribed as prohibited terms.
OR
Amount representing estimated reasonable cost of restoring premises: [enter amount]
Signatures
LANDLORD
Date:
TENANT 1
Date:
TENANT 2
Date:
TENANT 3
Date:
TENANT 4
Date:
Note
If the LANDLORD and TENANT subsequently agree to further alterations, additions, installations or renovations to the premises, they must complete and attach an additional copy of Part E of this agreement.
FORM 3
Residential Tenancies Act 1997
(Section 44(1))
(Regulation 11)
NOTICE OF PROPOSED RENT INCREASE TO TENANT OF RENTED PREMISES
1. This notice is given to [insert name/s of tenant/s]
2. Regarding the rented premises at [insert address]
3.Tenant/s address [insert address or if the same as address in 2, write "as above"]
4.Name of landlord of the rented premises [insert name of landlord—cannot be the agent's name]
5.Address of landlord of the rented premises for the purpose of serving documents [insert address of landlord—can be the agent's address]
6.Contact telephone numbers of landlord or agent
Business hours [insert telephone number]
After hours [insert telephone number]
7.This notice is delivered to the tenant
*by hand
*by registered post
*by ordinary post
*by email
On [insert date]
8.I am giving you at least 60 days notice that I propose to increase the rent.
The current rent is $ [insert current rent amount].
The new rent is $ [insert new rent amount] and will commence on [insert start date of new rent].
9.[insert signature of landlord/agent]
10.Name of landlord or agent signing the notice [insert name of landlord or agent signing the notice]
11.If you consider this proposed rent increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent under section 45 of the Residential Tenancies Act 1997.
TENANTS NOTE: Excessive rent is determined according to the accepted market rental value of the premises.
12.Under a tenancy agreement entered into before 19 June 2019, the landlord cannot increase your rent more than once every 6 months. Under a tenancy agreement entered into on or after 19 June 2019, the landlord cannot increase your rent more than once every 12 months.
13.Under a fixed term tenancy agreement, a landlord must not increase the rent before the fixed term ends unless the agreement specifically provides for an increase.
14.If you want help with this notice you can contact Consumer Affairs Victoria.
*delete if inapplicable.
FORM 4
Residential Tenancies Act 1997
(Section 101(1))
(Regulation 16)
NOTICE OF PROPOSED RENT INCREASE TO RESIDENT OF A ROOMING HOUSE
1.This notice is given to [insert name/s of resident/s]
2.Regarding the rooming house at [insert address and include room no. in the rooming house]
3.Resident's address [insert address or if the same as address in 2, write "as above"]
4.Name of the owner of the rooming house [insert name of owner—cannot be the agent's name]
5.Address of owner (of the rooming house) for the purpose of serving documents [insert address of owner—can be the agent's address]
6.Contact telephone numbers of owner or agent [insert telephone number/s]
7.This notice is delivered to the resident
*by hand
*by registered post
*by ordinary post
*by email
On [insert date]
8I am giving you at least 60 days notice that I propose to increase the rent.
The current rent is $ [insert current rent amount].
The new rent is $ [insert new rent amount] and will commence on [insert start date of new rent].
9.[insert signature of landlord/agent]
10.Name of owner or agent signing the notice [insert name of owner or agent signing the notice]
11.If you consider this proposed rent increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent under section 102 of the Residential Tenancies Act 1997.
RESIDENTS NOTE: Excessive rent is determined according to the accepted market rental value of the premises.
12.The rooming house owner cannot increase your rent more than once every 6 months.
13.Under a fixed term tenancy agreement, a rooming house owner cannot increase the rent before the fixed term ends unless the agreement specifically provides for an increase.
14.If you want help with this notice you can contact Consumer Affairs Victoria.
*delete if inapplicable.
FORM 5
Residential Tenancies Act 1997
(Section 145)
(Regulation 19)
NOTICE TO PROSPECTIVE CARAVAN
PARK RESIDENTS
BECOMING A RESIDENT AT THIS CARAVAN PARK
The Residential Tenancies Act 1997 sets out the rights and duties of residents and caravan park owners in relation to each other and provides for settling disputes. A resident is defined in the Residential Tenancies Act 1997.
1.You may enter into a written agreement with the caravan park owner to become a resident of the caravan park at any time. A caravan park owner is not obliged to enter into such an agreement with you.
2.Even if you do not enter into a written agreement to become a resident, you will automatically become a resident of the caravan park if you occupy any site in the caravan park as your only or main residence for at least 60 consecutive days.
Once you become a resident, the Residential Tenancies Act 1997 applies to you and your residency in the caravan park.
FORM 6
Residential Tenancies Act 1997
(Section 152(1) and (2))
(Regulation 20)
NOTICE OF PROPOSED RENT INCREASE OR HIRING CHARGE INCREASE TO RESIDENT OF A CARAVAN PARK
1.This notice is given to [insert name/s of resident/s]
2.Regarding the caravan at [insert address and include site no.]
3.Resident's address [insert address—if the same as address in 2, write "as above"]
4.Name of caravan owner/caravan park owner [insert name of caravan owner or caravan park owner who is giving this notice—cannot be the agent's name]
5.Address of owner of the caravan/owner of the caravan park for the purpose of serving documents [insert address of owner—can be the agent's address]
6.Contact telephone numbers of caravan owner/caravan park owner or agent [insert telephone number/s]
7.This notice is delivered to the resident
*by hand
*by registered post
*by ordinary post
*by email
On [insert date]
8.I am giving you at least 60 days notice that I propose to increase the rent.
The current rent is $ [insert current rent amount].
The new rent is $ [insert new rent amount] and will commence on [insert start date of new rent].
9.I am giving you at least 60 days notice that I propose to increase the hiring charge.
The current hiring charge is $ [insert current hiring charge amount].
The new hiring charge is $ [insert new hiring charge amount] and will commence on [insert start date of new hiring charge].
10.[insert signature of owner or agent]
11.[insert name of owner or agent signing the notice]
12.If you consider this proposed rent or hiring charge increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent or hiring charge under section 153 of the Residential Tenancies Act 1997.
RESIDENTS NOTE: Excessive rent is determined according to the accepted market rental value of the premises.
13.The caravan park owner cannot increase your rent more than once every 6 months.
14.The caravan owner cannot increase your hiring charge more than once every 6 months.
15.Under a fixed term tenancy agreement, a caravan park owner cannot increase the rent before the fixed term ends unless the agreement specifically provides for an increase.
16.If you want help with this notice you can contact Consumer Affairs Victoria.
*delete if inapplicable.
FORM 7
Residential Tenancies Act 1997
(Section 206I(2))
(Regulation 25)
IMPORTANT NOTICE TO SITE TENANTS
Cooling off period under section 206J of the Residential Tenancies Act 1997
You may end this site agreement within 5 business days of the day that you sign the site agreement.
To end this site agreement within this time in accordance with this cooling-off provision you must either give the site owner or the site owner's agent written notice that you are ending the site agreement or leave the notice at the address for service of the site owner or the site owner's agent specified in the site agreement.
You are entitled to a refund of all the money you paid EXCEPT for $100 if you end the site agreement in this way.
FORM 8
Residential Tenancies Act 1997
(Section 206V(1))
(Regulation 26)
NOTICE OF PROPOSED RENT INCREASE TO SITE TENANT
1.This notice is given to [insert name/s of site tenant/s]
2.Regarding the Part 4A site at [insert address of Part 4A site]
3.Site tenant/s address [if the same as address in 2, write "as above"]
4.Name of site owner of the Part 4A site [insert name of site owner—cannot be the agent's name]
5.Address of site owner of the Part 4A site for the purpose of serving documents [insert address of site owner—can be the agent's address]
6.Contact telephone numbers of site owner or agent [insert telephone number/s]
7.This notice is delivered to the site tenant
*by hand
*by registered post
*by ordinary post
*by email
On [insert date]
8.I am giving you at least 60 days notice that I propose to increase the rent.
The current rent is $ [insert current rent amount].
The new rent is $ [insert new rent amount] and will commence on [insert start date of new rent].
9.[insert signature of site owner or agent]
10.[insert name of site owner or agent signing the notice]
11.If you consider this proposed rent increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent under section 206W of the Residential Tenancies Act 1997.
SITE TENANTS NOTE: Excessive rent is determined according to the accepted market rental value of the Part 4A site.
12.The site owner cannot increase your rent more than once every 6 months.
13.Under a fixed term site agreement, a site owner must not increase the rent before the fixed term ends unless the agreement specifically provides for an increase.
14.If you want help with this notice you can contact Consumer Affairs Victoria.
*delete if inapplicable.
FORM 9
Residential Tenancies Act 1997
(Section 319(a))
(Regulation 28(1))
NOTICE TO VACATE TO TENANT OF
RENTED PREMISES
1.This notice is given to [insert tenant/s name]
2.Regarding the rented premises at [insert address of rented premises]
3.Tenant's address [insert tenant's address—if same as address in 2, write "as above"]
4.I am giving you this notice as
othe landlord
othe owner
othe mortgagee
(mark one only)
5.Landlord's/owner's/mortgagee's name
[insert landlord's/owner's/mortgagee's name]
6.Landlord's/owner's/mortgagee's address for serving documents
(can be an agent's)
[insert landlord's/owner's/mortgagee's address]
7.Contact telephone numbers for landlord/owner/mortgagee
[insert landlord's/owner's/mortgagee's telephone number/s]
8.The Residential Tenancies Act 1997 requires me to give you at least [insert the number of days notice that is required under that Act] days notice to vacate and I require you to vacate on [insert termination date] TERMINATION DATE
9.Reason for notice to vacate
[insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason given. However—
• if the notice is given under section 263 of the Act, insert the words "section 263—no reason is required"; or
• if the notice is given under section 268A of the Act, insert the words "section 268A—Tribunal order made requiring notice to be given"; or
• if the notice is given under section 268B of the Act, insert the words "section 268B—there is no licence to operate this rooming house".]
10.This notice is delivered to the tenant
oBy hand
oBy registered post
oBy email
(mark one only)
On: [insert date]
11.[insert signature of landlord, owner, mortgagee or agent]
12.[insert name of landlord/owner/mortgagee or agent signing the notice—include the name of the estate agency, where applicable]
13.Tenant please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.
FORM 10
Residential Tenancies Act 1997
(Sections 319(a) and 319A)
(Regulation 28(2))
COMPOSITE NOTICE TO VACATE TO TENANT OF RENTED PREMISES FOR 2 OR MORE REASONS
1.This notice is given to [insert tenant/s name]
2.Regarding the rented premises at [insert address of rented premises]
3.Tenant's address [insert tenant's address—if same as address in 2, write "as above"]
4.I am giving you this notice as
othe landlord
othe owner
othe mortgagee
(mark one only)
5.Landlord's/owner's/mortgagee's name
[insert landlord's/owner's/mortgagee's name]
6.Landlord's/owner's/ mortgagee's address for serving documents
(can be an agent's address)[insert landlord's/owner's/mortgagee's address]
7.Contact telephone numbers for landlord/owner/mortgagee (can be an agent's telephone number)
[insert landlord's/owner's/mortgagee's telephone number/s]
8.The Residential Tenancies Act 1997 requires me to give you at least 60 days notice to vacate.
I require you to vacate on [insert termination date] TERMINATION DATE
9.Reasons for notice to vacate [insert reasons for notice to vacate]
(The composite notice may be given if you are entitled to give a notice to vacate under 2 or more of sections 255, 256, 257, 258, 259, or 260 of the Residential Tenancies Act 1997. Insert each reason and the section number for the reason. You must also provide factual information regarding the specific premises to validate each reason given.)
10.This notice is delivered to the tenant
oBy hand
oBy registered post
oBy email
(mark one only)
On: [insert date]
11.[insert signature of the landlord/owner/mortgagee or agent]
12.[insert name of landlord/owner/mortgagee or agent signing the notice—include the name of the estate agency where applicable]
13.Tenant please note: If you receive a composite notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.
FORM 11
Residential Tenancies Act 1997
(Section 319(a))
(Regulation 29(1))
NOTICE TO VACATE TO RESIDENT OF A ROOMING HOUSE
1.This notice is given to [insert resident/s name]
2.Regarding the rooming house at [insert address, include room no.]
3.Resident's address [insert address—if same as address in 2, write "as above"]
4.I am giving you this notice as
othe rooming house owner
othe mortgagee of the rooming house
(mark one only)
5.Rooming house owner's/mortgagee's name
[insert name]
6.Rooming house owner's/mortgagee's address for serving documents (can be an agent's)
[insert address]
7.Rooming house owner's/mortgagee's contact telephone numbers
[insert telephone numbers]
8.The Residential Tenancies Act 1997 requires me to give you at least [insert the number of days notice that is required under that Act] days notice to vacate and I require you to vacate on [insert termination date] TERMINATION DATE
9.Reason for notice to vacate
[insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason. However—
• if the notice is given under section 288 of the Act, insert the words "section 288—no reason is required"; or
• if the notice is given under section 290A of the Act, insert the words "section 290A—Tribunal order made requiring notice to be given"; or
• if the notice is given under section 290B of the Act, insert the words "section 290B—there is no licence to operate this rooming house".]
10.This notice is delivered to the resident
oBy hand
oBy registered post
oBy email
(mark one only)
On: [insert date]
11.[insert signature of owner/mortgagee/agent]
12.[insert name of owner/mortgagee/agent signing the notice]
13.Resident please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.
FORM 12
Residential Tenancies Act 1997
(Sections 319(a) and 319A)
(Regulation 29(2))
COMPOSITE NOTICE TO VACATE TO RESIDENT OF A ROOMING HOUSE FOR 2 REASONS
1.This notice is given to [insert resident/s name]
2.Regarding the rooming house at [insert address, include room number]
3.Resident's address [insert address—if same as address in 2, write "as above"]
4.I am giving you this notice as
othe rooming house owner
othe mortgagee of the rooming house
(mark one only)
5.Rooming house owner's/mortgagee's name
[insert name]
6.Rooming house owner's/mortgagee's address for serving documents (can be an agent's address)
[insert address]
7.Rooming house owner's/mortgagee's contact telephone numbers
(can be an agent's telephone number)[insert telephone numbers]
8.The Residential Tenancies Act 1997 requires me to give you at least 60 days notice to vacate.
I require you to vacate on or before [insert termination date] TERMINATION DATE
9.Reasons for notice to vacate [insert reasons]
(The composite notice may be given if you are entitled to give a notice to vacate under both sections 285 and 286 of the Residential Tenancies Act 1997. Insert each reason and the section number for the reason. You must also provide supporting factual information regarding the specific premises to validate each reason given.)
10.This notice is delivered to the resident
oBy hand
oBy registered post
oBy email
(mark one only)
On: [insert date]
11.[insert signature of owner/mortgagee/agent]
12.[insert name of owner/mortgagee/agent signing the notice]
13.Resident please note: If you receive a composite notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.
FORM 13
Residential Tenancies Act 1997
(Section 319(a))
(Regulation 30)
NOTICE TO VACATE TO RESIDENT
OF A CARAVAN PARK
1.This notice is given to [insert resident/s name]
2.Regarding the caravan at [insert address, include site no.]
3.Resident's address [insert address—if same as address in 2, write "as above"]
4.I am giving you this notice as
othe caravan park owner
othe caravan owner
othe caravan park mortgagee
othe caravan mortgagee
(mark one only)
5.Name of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee
[insert name]
6.Address for serving documents of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee (can be an agent's)
[insert address]
7.Contact telephone numbers
[insert telephone numbers]
8.The Residential Tenancies Act 1997 requires me to give you at least [insert the number of days notice that is required under that Act] days notice to vacate and I require you to vacate on or before [insert termination date] TERMINATION DATE
9.Reason for notice to vacate
[insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason. However, if the notice to vacate is given under section 314 of the Act, insert that section number and the words "no reason is required".]
10.This notice is delivered to the resident
oBy hand
oBy registered post
oBy email
(mark one only)
On: [insert date]
11.[insert signature of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee/agent]
12.[insert name of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee/agent signing the notice]
13.Resident please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.
If you receive a notice to vacate and the notice states that the reason for giving the notice is closure of the caravan park under section 311A of the Residential Tenancies Act 1997, you may be eligible for compensation. If you require assistance with a notice to vacate under section 311A, you may contact Consumer Affairs Victoria.
FORM 14
Residential Tenancies Act 1997
(Section 319(a))
(Regulation 31)
NOTICE TO VACATE TO SITE TENANT
1.This notice is given to [insert names of site tenant/s]
2.Regarding the Part 4A site at [insert address of Part 4A site]
3.Site tenant's address [insert address—if same as address in 2, write "as above"]
4.I am giving you this notice as
othe site owner
othe mortgagee of a Part 4A park
othe land owner, who is not the site owner
(mark one only)
5.Name of site owner/mortgagee of Part 4A park/land owner
[insert name]
6.Site owner's/ mortgagee's/land owner's address for serving documents (can be an agent's)
[insert address]
7.Contact telephone numbers
[insert telephone numbers]
8.The Residential Tenancies Act 1997 requires me to give you at least [insert the number of days notice that is required under that Act] days notice to vacate and I require you to vacate on or before [insert termination date] TERMINATION DATE
9.Reason for notice to vacate [insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific Part 4A site to validate the reason. However, if the notice to vacate is given under section 317ZF or 317ZG of the Act, insert the relevant section number and the words "no reason is required".]
10.This notice is delivered to the site tenant
oBy hand
oBy registered post
oBy email
(mark one only)
On: [insert date]
11.[insert signature of site owner/mortgagee of Part 4A park/land owner or agent]
12.[insert name of site owner/mortgagee of Part 4A park/land owner or agent signing the notice—include the name of the estate agency where applicable]
13.Site tenant please note: If you receive a notice to vacate, you may be able to apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. Time limits may apply.
If you receive a notice to vacate and the notice states that the reason for giving the notice is closure of the Part 4A park under section 311A of the Residential Tenancies Act 1997, you may be eligible for compensation. If you require assistance with a notice to vacate under section 311A, you may contact Consumer Affairs Victoria.
FORM 15
Residential Tenancies Act 1997
(Sections 336(3)(b), 337(4)(a) and 338(1))
(Regulation 32(1))
NOTICE OF OBJECTION TO THE USE OF THE ALTERNATIVE PROCEDURE FOR POSSESSION
1.To: 1. Tribunal
2. Landlord [insert name and address of landlord]
2.Regarding rented premises at [insert address of rented premises]
3.The landlord's notice to vacate gave this termination date [insert termination date]
4.My name is [insert name of tenant]
5.My address for service of documents is [insert address, may be an agent's]
6.I have received a copy of the landlord's application to the Tribunal for a possession order using the alternative procedure for possession in Division 2 of Part 7 of the Residential Tenancies Act 1997. In accordance with section 338 of the Act, I OBJECT to the use of that procedure for a possession order.
7.This notice is delivered to the landlord
oBy hand
oBy post
oBy email
(mark one only)
On: [insert date]
8.[insert signature]
9.[insert name of agent if an agent is serving the notice]
FORM 16
Residential Tenancies Act 1997
(Section 336(3)(c))
(Regulation 33)
STATEMENT OF TENANT'S RIGHTS—ALTERNATIVE PROCEDURE FOR POSSESSION AT LEAST 14 DAYS RENT ARREARS
TO THE TENANT
1.The landlord has applied to the Tribunal for a possession order for your rented premises. This is an alternative possession procedure which allows the Registrar of the Tribunal to make a possession order effective immediately (or, if requested by the landlord, at a later date) if you do not object within a certain time. THERE WILL NOT BE A HEARING IF THIS PROCEDURE IS USED.
2.The landlord will have given you personally, or sent to you by registered post or by email in accordance with the Electronic Transactions (Victoria) Act 2000 the following documents—
(1)a notice to vacate the rented premises which must specify a date for you to vacate which is at least 14 days after the notice to vacate was given to you ("termination date");
(2)a copy of the landlord's application to the Tribunal for a possession order for the rented premises;
(3)2 notice of objection forms for your use if you wish to object to the landlord applying to the Tribunal to get the rented premises back under the alternative possession procedure;
(4)this statement of rights.
3.IF YOU WISH TO OBJECT to the making of the possession order under the alternative possession procedure, you must—
(1)complete and lodge one of the enclosed notice of objection forms with the Tribunal; and
(2)complete and serve the other enclosed notice of objection form on the landlord.
YOU HAVE UNTIL 4 P.M. ON THE TERMINATION DATE (the day specified in the notice to vacate as the day when you must vacate the rented premises) TO LODGE YOUR OBJECTION WITH THE TRIBUNAL.
TENANTS NOTE: You should retain a copy of this form for future reference purposes.
WHAT HAPPENS NEXT?
If you lodge the objection with the Tribunal within the required time, there will be a Tribunal hearing and you will be required to go to the Tribunal to show why the landlord should not be given a possession order to regain the rented premises.
If you do not wish to object or do not object within the required time, the landlord has 28 days to lodge a request for a determination of the matter with the Tribunal.
The Registrar of the Tribunal may then make a possession order directing you to vacate the premises immediately or on the date specified in the order.
If you are in arrears for rent, the Registrar will determine the amount of rent you owe and direct the Residential Tenancies Bond Authority to pay an amount of your bond to the landlord for the rent owing. You will still be liable for any outstanding amount of rent that the bond does not cover.
Once a possession order is made the landlord can get a warrant of possession which must be executed within the time specified in the order which must not exceed 30 days from its issue.
IF YOU FAIL TO COMPLY WITH A POSSESSION ORDER TO VACATE THE PREMISES, YOU MAY BE FORCIBLY REMOVED BY THE POLICE OR OTHER PERSON AUTHORISED TO CARRY OUT THE WARRANT OF POSSESSION.
FORM 17
Residential Tenancies Act 1997
(Section 337(4)(b))
(Regulation 34)
STATEMENT OF TENANT'S RIGHTS—ALTERNATIVE PROCEDURE FOR POSSESSION AT THE END OF FIXED TERM TENANCY
TO THE TENANT
1.The landlord has applied to the Tribunal for a possession order for your rented premises. This is an alternative possession procedure which allows the Registrar of the Tribunal to make a possession order effective immediately (or, if requested by the landlord, at a later date) if you do not object within a certain time. THERE WILL NOT BE A HEARING IF THIS PROCEDURE IS USED.
2.You will have already received a notice to vacate under section 261 of the Residential Tenancies Act 1997 specifying a termination date which is the end of the fixed term. The landlord will also have given you notice that the landlord intends to apply to the Tribunal for a possession order if you do not deliver up vacant possession of the rented premises by the end of the termination date set out in the notice to vacate.
3.If the landlord has given you a notice of the landlord's intention to apply for a possession order, this notice of intention must be given to you—
(a)if your fixed term tenancy agreement is for 6 months or more, not less than 14 days and not more than 21 days before the termination date; or
(b)if your fixed term tenancy agreement is for less than 6 months, not less than 7 days and not more than 14 days before the termination date.
4.The landlord can only apply for a possession order under the alternative possession procedure if he or she has given you the notice to vacate and notice of intention to apply to the Tribunal AND you have not delivered up vacant possession of the rented premises by the end of the termination date specified in the notice to vacate.
5.The landlord must give you—
(1)a copy of the landlord's application to the Tribunal for a possession order for the rented premises; and
(2)2 notice of objection forms for your use if you wish to object to the landlord applying to the Tribunal to get the rented premises back under the alternative possession procedure; and
(3)this statement of rights.
6.IF YOU WISH TO OBJECT to the making of the possession order under the alternative possession procedure, you must—
(1)complete and lodge one of the notice of objection forms with the Tribunal; and
(2)complete and serve the other notice of objection form on the landlord.
YOU HAVE UNTIL THE END OF 4 BUSINESS DAYS AFTER THE DATE YOU RECEIVED THE LANDLORD'S COPY OF THE APPLICATION TO THE TRIBUNAL FOR A POSSESSION ORDER TO LODGE YOUR OBJECTION WITH THE TRIBUNAL.
TENANTS NOTE: You should retain a copy of this form for future reference purposes.
WHAT HAPPENS NEXT?
If you lodge the notice of objection with the Tribunal within the required time, there will be a Tribunal hearing and you will be required to go to the Tribunal to show why the landlord should not be given a possession order to regain the rented premises.
If you do not wish to object or do not object within the required time, the landlord has 28 days to lodge a request for a determination of the matter with the Tribunal.
The Registrar of the Tribunal may then make a possession order directing you to vacate the premises immediately or on the date specified in the order.
If you are also in arrears for rent, the Registrar will determine the amount of rent you owe and direct the Residential Tenancies Bond Authority to pay an amount of your bond to the landlord for the rent owing. You will still be liable for any outstanding amount of rent that the bond does not cover.
Once a possession order is made the landlord can get a warrant of possession which must be executed within the time specified in the order which must not exceed 30 days from its issue.
IF YOU FAIL TO COMPLY WITH A POSSESSION ORDER TO VACATE THE PREMISES, YOU MAY BE FORCIBLY REMOVED BY THE POLICE OR OTHER PERSON AUTHORISED TO CARRY OUT THE WARRANT OF POSSESSION.
FORM 18
Residential Tenancies Act 1997
(Section 361)
(Regulation 35)
SHERIFF'S NOTICE OF RETAINED PERSONAL DOCUMENTS
1.The personal documents described below:
[insert description of personal documents]
which were left by
[insert name of former resident]
in a caravan at
[insert name and address of caravan park]
are being stored by the Sheriff at
[insert Sheriff's storage address]
for a period of 90 days from [insert date].
2.It is intended to dispose of the personal documents at the end of this 90‑day storage period.
3.If the former resident or any other person who can give satisfactory evidence of the person's right to the documents wishes to reclaim the documents, this can be done before the end of the 90‑day storage period. Please note that there may be costs payable for the removal and storage of those documents and for the placement of this advertisement that the person claiming the documents must pay to the sheriff when claiming them.
FORM 19
Residential Tenancies Act 1997
(Section 368(3))
(Regulation 36)
NOTICE TO LEAVE TO RESIDENT OF MANAGED PREMISES OR RESIDENT'S VISITOR
1.This notice is given to [insert name of resident or name of resident's visitor as appropriate]
2.Whose address is [insert address if known]
3.Regarding managed premises at [insert address—if answer is the same as 2, write "as above"]
4.Name of manager [insert name of manager]
5.I give you notice to leave those managed premises immediately because I have reasonable grounds to believe that—
*you have committed a serious act of violence on these premises.
OR
*the safety of a person on the premises is in danger from you.
*delete whichever does not apply
6.By the end of the next business day after I have given you this notice to leave, I will notify the Registrar of the Tribunal.
7.[insert signature of manager]
8.Date of notice [insert date]
TO THE RESIDENT/VISITOR
1.It is an offence to remain on the managed premises after receiving this Notice to Leave.
2.If you are a RESIDENT—
(a)your tenancy agreement, residency right or site agreement is now SUSPENDED until—
(i)the end of 2 business days from the date of this notice; OR
(ii)if your landlord, rooming house owner, caravan park owner or site owner applies to the Tribunal before the end of 2 business days after the suspension for an order to terminate your tenancy agreement, residency right or site agreement—the Tribunal decides that application; and
(b)it is an offence to enter the managed premises while a suspension is in force; and
(c)despite your tenancy agreement, residency right, or site agreement being suspended, you are still required to pay rent (and hiring charge, in the case of a caravan) during the suspension period unless the Tribunal makes an order under section 376(1)(b) of the Residential Tenancies Act 1997 that the suspension cease and you are allowed to resume occupation.
3.This notice can only be given to residents or visitors of those residents of managed premises. See Part 8 of the Residential Tenancies Act 1997 which defines these terms. A resident is a resident of a rooming house or caravan park, or a site tenant. It also includes a tenant who has rented premises in a managed high density building. This means a building which contains 2 or more rented premises and whichhas an on-site manager.
4.Resident please note: If you receive a notice to leave, you may apply to the Victorian Civil and Administrative Tribunal under section 452 of the Residential Tenancies Act 1997 to challenge the validity of the notice.
TO THE MANAGER
1.This notice cannot be given if a notice to vacate has been given under section 244, 279, 303 or 317Y of the Residential Tenancies Act 1997 in respect of the same act or omission.
2.This notice 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 has been endangered.
3.It is an offence to give a resident or resident's visitor notice to leave without having reasonable grounds to believe that the resident or visitor has committed a serious act of violence on the premises or the safety of any person on the premises has been endangered.
FORM 20
Residential Tenancies Act 1997
(Section 386(2)(a))
(Regulation 37)
NOTICE TO FORMER TENANT (GOODS LEFT BEHIND)
To: [insert name and forwarding address of former tenant]
1.The goods described below:
[insert description of goods]
which were left on rented premises at [insert address]
when your tenancy agreement in respect of those premises was terminated on [insert date]
are being stored on premises at [address of storage address]
for a period of 28 days from [insert date].
2.The costs involved in removal and storage of the goods are $
[insert costs to date] to date and continue to accrue at $
[insert cost per day] per day.
3.After the end of the 28‑day storage period it is intended to dispose of the goods by sale by public auction at *[insert time]
on *[insert date]
at *[insert place]
and the proceeds of the sale of the goods will be dealt with in accordance with section 393 of the Residential Tenancies Act 1997.
4.If you wish to reclaim the goods, you may do so before the public auction upon payment to the former landlord of the reasonable costs incurred for the removal, storage, notification and organising of the sale.
[insert signature of former landlord]
[insert name and address of former landlord]
[insert date]
*delete reference to time, date and place of auction if not known to landlord at the time of giving this notice.
FORM 21
Residential Tenancies Act 1997
(Section 386(2)(b))
(Regulation 38)
NOTICE OF GOODS LEFT BEHIND
1.The goods described below:
[insert description of goods]
which were left by [insert name of former tenant]
on rented premises at [insert address]
when the tenancy agreement in respect of those premises was terminated on [insert date]
are being stored on premises at [address of storage address]
for a period of 28 days from [insert date].
2.The costs involved in removal and storage of the goods are $
[insert costs to date] to date and continue to accrue at $
[insert cost per day] per day.
3.After the end of the 28-day storage period, it is intended to dispose of the goods by sale by public auction at *[insert time]
on *[insert date]
at *[insert place]
and the proceeds of the sale of the goods will be dealt with in accordance with section 393 of the Residential Tenancies Act 1997.
4.If the former tenant or other person who has a lawful right to the goods wishes to reclaim them, this can be done before the public auction upon payment to the former landlord of the reasonable costs incurred for the removal, storage, notification and organising of the sale of the goods.
*delete reference to time, date and place of auction if not known to landlord at the time of giving this notice.
FORM 22
Residential Tenancies Act 1997
(Section 392)
(Regulation 39)
NOTICE OF PUBLIC AUCTION
The goods described below:
[insert description of goods]
which were left by [insert name of former tenant, former resident or former site tenant]
on *rented premises/*in the rooming house/*in a caravan/*in the caravan park/*on the Part 4A site at [insert address]
will be disposed of by public auction **[insert time]
on **[insert date]
at **[insert place]
Name and address of owner of premises [insert name and address of owner of premises]
*delete whichever is inapplicable.
**delete reference to time, date and place of auction if not known to owner of premises at the time of giving this notice.
NOTE: Owner of premises means the former landlord, rooming house owner, caravan park owner, caravan park mortgagee, caravan owner, caravan mortgagee or site owner, as the case requires.
FORM 23
Residential Tenancies Act 1997
(Section 505B)
(Regulation 45(1))
NOTICE OF FORMAL AFFILIATION OF PREMISES WITH SCHOOL OR INSTITUTION PROVIDING EDUCATION AND TRAINING
TAKE NOTICE THAT under section 21(1) of the Residential Tenancies Act 1997 the residential premises at [insert address of premises]
are formally affiliated with [insert name of school or institution].
AND FURTHER TAKE NOTICE THAT the provisions of the Residential Tenancies Act 1997 do not apply to a tenancy agreement or room in respect of the residential premises.
[insert name of school council/governing body]
*School council/governing body of
*school/institution
[insert date]
*delete whichever is not applicable.
Schedule 2—Criteria to be considered by school or institution before entering affiliation agreement
Regulation 7
1.Whether or not the owner or operator of the residential premises intends to provide any of the following services to persons accommodated in the premises—
(a)a tutorial system for residents to complement the teaching of the school or institution;
(b)pastoral care, chaplains, mentors, or counsellors;
(c)meals;
(d)opportunities for a range of social and cultural events and activities that students or staff may attend or participate in.
2.Whether prospective persons to be accommodated in the residential premises are primarily—
(a)persons enrolled at the school or institution; or
(b)members of staff of the school or institution.
3.Whether the owner or operator of the residential premises intends to provide residents with a written statement, before they sign an agreement for accommodation in the premises, outlining the facilities and the services that are included in the amount to be paid to the owner or operator for accommodation.
4.Whether the owner or operator of the residential premises intends to have available in written form and for inspection on the premises to residents at no charge, the current terms and conditions for occupancy relating, but not limited, to the following matters—
(a)the amount paid by residents for accommodation including facilities and services;
(b)increases in amounts paid for accommodation;
(c)the payments of any bonds or deposits relating to accommodation;
(d)repairs to the premises;
(e)termination of the agreement for accommodation.
5.Whether the owner or operator of the residential premises intends to have a written agreement for accommodation with every resident on the premises, which includes the terms and conditions of occupancy.
6.Whether, on signing an agreement for accommodation, the owner or operator of the residential premises intends to provide every resident with a package of written information containing—
(a)the terms and conditions for occupancy including house rules; and
(b)general first aid information and any emergency evacuation plan; and
(c)any dispute resolution options and procedures; and
(d)information about any compliance monitoring system that reflects the criteria in this Schedule, including any website where results of compliance are published.
7.In the case of a dispute between a resident and the owner or operator of the residential premises, whether the owner or operator of the residential premises—
(a)has a system for responding to complaints by residents that is timely, treats residents with respect and ensures that residents have an opportunity to be heard in relation to a dispute; and
(b)intends to refer a dispute that cannot be resolved to an external dispute resolution service.
8.Whether the owner or operator of the residential premises has an emergency evacuation plan for the premises and has displayed the plan on the back of every door and in all common areas in the premises.
9.Whether the owner or operator of the residential premises has a compliance monitoring system in place that reflects the criteria in this Schedule.
Schedule 3—Infringement offences and infringement penalties
Regulation 46
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty | |
| 1 | An offence against section 26(2) of the Act | 2 penalty units | |
| 2 | An offence against section 29(1) of the Act | 2 penalty units | |
| 3 | An offence against section 29(2) of the Act | 2 penalty units | |
| 4 | An offence against section 34(1) of the Act | 3 penalty units | |
| 5 | An offence against section 35(1) of the Act | 2 penalty units | |
| 6 | An offence against section 41 of the Act | 3 penalty units | |
| 7 | An offence against section 43(1) of the Act | 2 penalty units | |
| 8 | An offence against section 43(2) of the Act | 2 penalty units | |
| 9 | An offence against section 43(2A) of the Act | 2 penalty units | |
| 10 | An offence against section 49 of the Act | 3 penalty units | |
| 11 | An offence against section 51(1) of the Act | 3 penalty units | |
| 12 | An offence against section 51(2) of the Act | 3 penalty units | |
| 13 | An offence against section 51(3) of the Act | 3 penalty units | |
| 14 | An offence against section 56(1) of the Act | 3 penalty units | |
| 15 | An offence against section 66(1) of the Act | 2 penalty units | |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty | |
| 16 | An offence against section 66(2) of the Act | 2 penalty units | |
| 17 | An offence against section 66(3) of the Act | 2 penalty units | |
| 18 | An offence against section 66(4) of the Act | 2 penalty units | |
| 19 | An offence against section 92C(1) of the Act | 2 penalty units | |
| 20 | An offence against section 96 of the Act | 3 penalty units | |
| 21 | An offence against section 97(1) of the Act | 2 penalty units | |
| 22 | An offence against section 99 of the Act | 3 penalty units | |
| 23 | An offence against section 100(1) of the Act | 2 penalty units | |
| 24 | An offence against section 100(2) of the Act | 2 penalty units | |
| 25 | An offence against section 100(2A) of the Act | 2 penalty units | |
| 26 | An offence against section 107 of the Act | 3 penalty units | |
| 27 | An offence against section 124 of the Act | 2 penalty units | |
| 28 | An offence against section 125(1) of the Act | 2 penalty units | |
| 29 | An offence against section 125(2) of the Act | 2 penalty units | |
| 30 | An offence against section 125(3) of the Act | 2 penalty units | |
| 31 | An offence against section 127(1) of the Act | 2 penalty units | |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty | |
| 32 | An offence against section 142B(1) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units | |
| 33 | An offence against section 142B(2) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units | |
| 34 | An offence against section 142B(3) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units | |
| 35 | An offence against section 142D of the Act | 5 penalty units | |
| 36 | An offence against section 145 of the Act | 2 penalty units | |
| 37 | An offence against section 146(3) of the Act | 3 penalty units | |
| 38 | An offence against section 147 of the Act | 3 penalty units | |
| 39 | An offence against section 148(1) of the Act | 2 penalty units | |
| 40 | An offence against section 150(1) of the Act | 3 penalty units | |
| 41 | An offence against section 150(2) of the Act | 3 penalty units | |
| 42 | An offence against section 151(1) of the Act | 2 penalty units | |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty | |
| 43 | An offence against section 151(2) of the Act | 2 penalty units | |
| 44 | An offence against section 151(2A) of the Act | 2 penalty units | |
| 45 | An offence against section 160 of the Act | 3 penalty units | |
| 46 | An offence against section 166(1) of the Act | 3 penalty units | |
| 47 | An offence against section 182 of the Act | 2 penalty units | |
| 48 | An offence against section 183(1) of the Act | 2 penalty units | |
| 49 | An offence against section 183(2) of the Act | 2 penalty units | |
| 50 | An offence against section 184(1) of the Act | 2 penalty units | |
| 51 | An offence against section 184(2) of the Act | 2 penalty units | |
| 52 | An offence against section 184(3) of the Act | 2 penalty units | |
| 53 | An offence against section 186(1) of the Act | 2 penalty units | |
| 54 | An offence against section 198(1) of the Act | 2 penalty units | |
| 55 | An offence against section 198(2) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units | |
| 56 | An offence against section 206E(2) of the Act | 2 penalty units | |
| 57 | An offence against section 206I(1) of the Act | 2 penalty units | |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty | |
| 58 | An offence against section 206K(1) of the Act | 3 penalty units | |
| 59 | An offence against section 206N of the Act | 3 penalty units | |
| 60 | An offence against section 206O(1) of the Act | 2 penalty units | |
| 61 | An offence against section 206T of the Act | 3 penalty units | |
| 62 | An offence against section 206U(1) of the Act | 2 penalty units | |
| 63 | An offence against section 206U(2) of the Act | 2 penalty units | |
| 64 | An offence against section 206U(3) of the Act | 2 penalty units | |
| 65 | An offence against section 206ZH(1) of the Act | 3 penalty units | |
| 66 | An offence against section 206ZR(1) of the Act | 2 penalty units | |
| 67 | An offence against section 206ZS(1) of the Act | 2 penalty units | |
| 68 | An offence against section 206ZX(1) of the Act | 2 penalty units | |
| 69 | An offence against section 206ZX(2) of the Act | 2 penalty units | |
| 70 | An offence against section 206ZX(3) of the Act | 2 penalty units | |
| 71 | An offence against section 206ZZ(1) of the Act | 2 penalty units | |
| 72 | An offence against section 206ZZH(2) of the Act | 5 penalty units | |
| 73 | An offence against section 206ZZH(3) of the Act | 2 penalty units | |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 74 | An offence against section 264(1) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 75 | An offence against section 287(1) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 76 | An offence against section 295(a) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 77 | An offence against section 295(b) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 78 | An offence against section 295(c) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 79 | An offence against section 295(d) of the Act | In the case of a natural person 5 penalty units In the case of a body corporate, 20 penalty units |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 80 | An offence against section 295(e) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 81 | An offence against section 295(f) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 82 | An offence against section 298(1) of the Act | 2 penalty units |
| 83 | An offence against section 298(2) of the Act | 2 penalty units |
| 84 | An offence against section 358(1) of the Act | 5 penalty units |
| 85 | An offence against section 358(2) of the Act | 5 penalty units |
| 86 | An offence against section 358(3) of the Act | 5 penalty units |
| 87 | An offence against section 369 of the Act | 2 penalty units |
| 88 | An offence against section 372 of the Act | 5 penalty units |
| 89 | An offence against section 373 of the Act | 5 penalty units |
| 90 | An offence against section 377(1) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 91 | An offence against section 377(2) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 92 | An offence against section 377(3) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 93 | An offence against section 377(3A) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 94 | An offence against section 382(2) of the Act | In the case of a natural person, 5 penalty units In the case of a body corporate, 20 penalty units |
| 95 | An offence against section 389(2) of the Act | 3 penalty units |
| 96 | An offence against section 405(1) of the Act | 2 penalty units |
| 97 | An offence against section 405(4) of the Act | 2 penalty units |
| 98 | An offence against section 406 of the Act | 3 penalty units |
| 99 | An offence against section 424(1) of the Act | 3 penalty units |
| 100 | An offence against section 424(3) of the Act | 3 penalty units |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 101 | An offence against section 425(1) of the Act | 3 penalty units |
| 102 | An offence against section 428 of the Act | 3 penalty units |
| 103 | An offence against section 439C(2) of the Act | 2 penalty units |
| 104 | An offence against section 439D(2) of the Act | 2 penalty units |
| 105 | An offence against section 439F(1) of the Act | 2 penalty units |
| 106 | An offence against section 439F(2) of the Act | 2 penalty units |
| 107 | An offence against section 439G(3) of the Act | 2 penalty units |
| 108 | An offence against section 439H(2) of the Act | In the case of a natural person, 2 penalty units In the case of a body corporate, 10 penalty units |
| 109 | An offence against section 439I(1) of the Act | 2 penalty units |
| 110 | An offence against section 439I(2) of the Act | 2 penalty units |
| 111 | An offence against section 505(1) of the Act | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units |
| 112 | An offence against section 505(2) of the Act | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units |
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 113 | An offence against section 505(3) of the Act | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units |
| 114 | An offence against section 505(4) of the Act | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Residential Tenancies Regulations 2019, S.R. No. 14/2019 were made on 5 March 2019 by the Governor in Council under section 511 of the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 3 April 2019: regulation 3.
The Residential Tenancies Regulations 2019 will sunset 10 years after the day of making on 5 March 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Residential Tenancies Regulations 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Residential Tenancies Amendment Regulations 2019, S.R. No. 45/2019
Date of Making: 12.6.19 Date of Commencement: 19.6.19: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1]
Reg. 4(a): S.R. No. 55/2008. Reprint No. 1 as at 21 August 2013. Reprinted to S.R. No. 49/2013. Subsequently amended by
S.R. Nos 116/2014, 96/2016, 112/2016 and 7/2017.
[2] Reg. 4(b): S.R. No. 77/2010.
[3] Reg. 4(c): S.R. No. 83/2011.
[4] Reg. 4(d): S.R. No. 129/2011.
[5] Reg. 4(e): S.R. No. 164/2011.
[6] Reg. 4(f): S.R. No. 79/2012.
[7] Reg. 4(g): S.R. No. 49/2013.
[8] Reg. 4(h): S.R. No. 116/2014.
[9] Reg. 4(i): S.R. No. 96/2016.
[10] Reg. 4(j): S.R. No. 112/2016.
[11] Reg. 4(k): S.R. No. 7/2017.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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