Rooming Houses Act 1990 (Vic)
Version No. 011
Rooming Houses Act 1990
Act No. 33/1990
Version incorporating amendments as at 1 July 1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 1 3. Definitions 1 4. Application of Act 4
PART 2—RESIDENTS' RIGHTS 6 Division 1—Security of Tenure 6
5. Residency right 6 6. Offences relating to interfering with rights 6
Division 2—Rent and Bonds 8
7. Limit on rent in advance 8 8. Rent reviews 8 9. Notice of rent increase 9 10. Reference to Director 9 11. Application for order that rent is excessive 9 12. Powers of Tribunal 10 13. Payment of increased rent 11 14. Bonds 11 15. Entitlement to bond 12 16. Receipts 14 17. Separately metered rooms 14
PART 3—DUTIES 16 Division 1—General Duties 16
18. Duties of residents 16 19. Duties of rooming house owner 17 20. Urgent repairs 18
i
Section Page Division 2—Duty in relation to Goods 19
21. Duty in relation to goods left behind by a resident 19 22. Sale of goods left behind by a resident 20 23. Effect of sale of goods 21 24. Tribunal orders in relation to goods 22
PART 4—POSSESSION RIGHTS 24
25. Notice of intention to vacate room 24 26. Termination notice because of damage or danger 24 27. Termination notice because of non-payment of rent 25 28. Termination notice because of failure to comply with Tribunal order 25 29. Termination notice following sale notice 25 30. Termination notice because of repairs or demolition 26 31. Prohibition on renting after notice 26 32. Termination notice for no cause 26 33. Termination notice given by a rooming house mortgagee 27 34. Form of termination notice 27 35. Application for possession order by a rooming house owner 27 36. Application for possession order by a rooming house mortgagee 29 37. Contents of possession order 29 38. Warrants of possession 30
PART 5—GENERAL PROVISIONS 32 Division 1—Other Rights and Duties 32
39. Assignment of rights and agreements 32 40. Breach of duty notice 32 41. Application for compensation or compliance order 33 42. Resident's goods not to be taken 36 43. Access to room 36 44. Rooming house rules 37 45. Certain payments prohibited 37
Division 2—Provisions relating to the Tribunal and Enforcement 38
46. Jurisdiction of the Tribunal 38 47. Determination must be complied with 38 48. Application and amendment of Residential Tenancies Act 1980 38
Division 3—Miscellaneous 39
49. Service 39 50. Investigations by the Director 40 51. Inspectors 40 52. Power of delegation 40
ii
Section Page
53. The Residential Tenancies Fund 41 54. Regulations 41
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NOTES 42 1. General Information 42 2. Table of Amendments 43 3. Explanatory Details 44 INDEX 65
iii
Version No. 011
Rooming Houses Act 1990
Act No. 33/1990
Version incorporating amendments as at 1 July 1997
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to—
(a) define the rights and duties of owners and residents of rooming houses; and
(b) provide for the fair and quick resolution of
disputes between owners and residents of
rooming houses.
2. Commencement
This Act comes into operation on a day to be proclaimed.
3. Definitions
In this Act—
"bond" means an amount paid by a resident to
secure his or her performance and
observance of the conditions of occupancy;"Director" means the Director of Consumer Affairs appointed for the purposes of the Ministry of Consumer Affairs Act 1973;
"facilities" means any kitchen, lounge, bathroom,
laundry, garden, toilet, car parking area,
storage area or any other room or area
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Rooming Houses Act 1990
| s. 3 | Act No. 33/1990 |
designed or set aside for common use by
residents;
"Registrar" means the Registrar of the Tribunal
under the Residential Tenancies Act 1980;"rent" means the fee paid to a rooming house
owner by a resident to live in a room and use
facilities, electricity, gas and fuel and
includes all charges levied by the rooming
house owner for services;
"resident" means a person who takes up
occupancy of a room with the consent of a rooming house owner and lives there as his or her only or main residence;
"room" means any room or rooms (whether free- standing or not) in any building, which room or rooms is or are used or intended to be
used for the purpose of residence by any
occupier or occupiers other than members of
the family or employees of the owner having
a right to the use thereof, together with a
right to use in common with others any
facilities in the building, but does not
include—(a) any part of or any room or rooms in a motel or any premises licensed under the Liquor Control Act 1987; or
(b) any suite of rooms being a portion or portions of a building and forming a self-contained residence, including
kitchen and bathroom and sanitary conveniences, under the exclusive control of the occupier; or
(c) any part of or any room or rooms
forming part of any premises used as a
school or for education and training
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Rooming Houses Act 1990
Act No. 33/1990 s. 3 purposes or ancillary to those premises used to accommodate students or staff using those premises; or (d) any part of or any room or rooms in any premises to which the Health Services Act 1988, the Mental Health Act 1986 or the Intellectually Disabled Persons' Services Act 1986 applies or any other premises providing temporary refuge
accommodation; or
(e) any room in any premises referred to in
paragraph (d) or ancillary to those
premises used as accommodation for
medical, nursing and other staff or any
member of the family of a person usingthose premises;
"rooming house" means any building—
(a) in which there is or are any room or rooms available for occupancy upon payment of rent; and
(b) in which the total number of people
who in any way may use the room or
rooms is not less than 4;
"rooming house owner" includes—
(a) where the owner conducts the business of operating the rooming house, his or her agent; and
(b) where the rooming house is leased to a
person who conducts the business of
operating the rooming house, the lessee
and his or her agent;
"services" includes the provision to a resident by
a rooming house owner of meals, linen and
room cleaning services;
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Rooming Houses Act 1990
| s. 4 | Act No. 33/1990 |
"Tribunal" means the Residential Tenancies
Tribunal;
"urgent repairs" means any work necessary to repair or remedy—
(a) a burst water service; or
(b) a blocked or broken lavatory system; or
(c) a serious roof leak; or
(d) a gas leak; or
(e) a dangerous electrical fault; or
(f) flooding or serious flood damage; or
(g) serious storm or fire damage; or(h) a failure or breakdown of the gas,
electricity or water supply to the
rooming house; or
(i) a failure or breakdown of any essential
service or appliance provided by the rooming house owner in the rooming house for water, cooking, heating or laundering; or
(j) any fault or damage that makes the rooming house or a resident's room unsafe or insecure; or
(k) a serious fault in a lift or staircase in the
rooming house; or
(l) any damage of a prescribed class.
4. Application of Act
(1) This Act does not apply if an agreement in writing
is entered into (whether before or after the
commencement of this Act) between a rooming
house owner and a resident under which the
resident is entitled to occupy a room in the
rooming house for a fixed term.
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Rooming Houses Act 1990
Act No. 33/1990 s. 4 (2) An agreement under sub-section (1), is a tenancy
agreement for the purposes of the Residential
Tenancies Act 1980.
(3) The Residential Tenancies Act 1980 applies in
respect of that agreement and the tenancy created
by that agreement.
(4) This Act does not apply if—
(a) before the commencement of this Act, the Tribunal has made a determination that a residential tenancy agreement exists between
a rooming house owner and a resident; and (b) section 6(4)(g) of the Residential Tenancies
Act 1980 does not apply.
(5) The Residential Tenancies Act 1980 applies to an agreement under sub-section (4).
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Rooming Houses Act 1990
| s. 5 | Act No. 33/1990 |
PART 2—RESIDENTS' RIGHTS
Division 1—Security of Tenure
5. Residency right
(1) Except as otherwise provided in this Act, a
resident has a right to reside in the room which he
or she occupies and a right to use facilities.
(2) A residency right ends—
(a) if the resident vacates the room after giving the rooming house owner notice of intention to vacate; or
(b) if the Tribunal makes a possession order, on the date fixed in the possession order; or
(c) if the resident vacates the room after being given a termination notice; or
(d) if a room is abandoned by a resident and at
least 14 days have elapsed since the last rent
payment was due; or
(e) if the room occupied by the resident or the
rooming house has been destroyed totally or to such an extent as to be rendered unsafe or unfit for human habitation.
6. Offences relating to interfering with rights
(1) Except in accordance with this Act, a person must
not—
(a) require or force or attempt to require or force a resident to vacate a room; or
(b) take or attempt to take possession of the room in which a resident resides.
Penalty: 20 penalty units.
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Rooming Houses Act 1990
Act No. 33/1990 s. 6 (2) Except in accordance with this Act, a person must
not—
(a) interfere with the peace and comfort of a
resident; or
(b) withdraw services or facilities reasonably
required to enable the resident to reside in a
room; or
(c) prevent a resident from using facilities; or
(d) do any other act or thing designed or
intended—
for the purpose of causing the resident to abandon
the room.
Penalty: 20 penalty units.(3) Sub-sections (1) and (2) do not apply in respect of
any reasonable action taken by a rooming house
owner or a police officer to prevent or following a
serious act of violence by a resident which injures
or creates a danger to any person in the rooming
house.
(4) A rooming house owner who takes action of the kind referred to in sub-section (3) or a rooming house owner on whose behalf a police officer has
taken action of the kind referred to in sub-section
(3) which results in the resident vacating the
rooming house must give the Registrar written
notice by personal delivery, certified post or
facsimile machine of the action no later than the
end of the next business day after the day on
which the action was taken.Penalty: 20 penalty units.
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Rooming Houses Act 1990
| s. 7 | Act No. 33/1990 |
Division 2—Rent and Bonds
7. Limit on rent in advance
A rooming house owner must not require a
resident to pay rent more than 1 week in advance.Penalty: 5 penalty units.
8. Rent reviews
(1) Except as provided in sub-section (2) or (3), a
rooming house owner must not increase the rent
payable by a resident more than once every 6
months.
(2) A rooming house owner may increase the rent for
the first time before the expiry of 6 months from
the day on which the resident commenced residing
in the room if the rooming house owner—
(a) notified the resident of the rent increase
dates for the rooming house before the
resident commenced residing in the room;
and
(b) increases the rents payable by all residents of
the rooming house on the same dates each
year.
(3) If at the request of a resident a rooming house
owner provides additional services to the resident, the rooming house owner may increase the rent by the amount agreed between the rooming house
owner and the resident from the time that theadditional services are provided.
(4) Any rent increase in contravention of this section
is invalid.
(5) If a rooming house owner ceases to provide services to a resident, the rooming house owner
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Rooming Houses Act 1990
Act No. 33/1990 s. 9 must from the time that the services cease to be
provided reduce the rent by—(a) the amount agreed between the rooming house owner and the resident; or
(b) in the absence of agreement, the amount
determined by the Tribunal on an application by the rooming house owner or the resident.
9. Notice of rent increase
(1) A rooming house owner must give a resident at
least 30 days written notice of a proposed rent
increase.
(2) Any rent increase in contravention of this section
is invalid.
10. Reference to Director
(1) Within 14 days of receiving a notice under section
increase is excessive may in writing request the
9 a resident who considers that the proposed rent increase. (2) As soon as practicable after receiving a request the Director must—
(a) carry out an investigation; and
(b) give a written report to the resident and a
copy of the report to the rooming house
owner.
(3) The report must consider the factors specified in section 12(2).
11. Application for order that rent is excessive
Within 21 days of receiving a report under section 10 a resident may apply in writing to the Tribunal for an order declaring that the rent which will be
payable after the proposed increase is excessive.
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Rooming Houses Act 1990
| s. 12 | Act No. 33/1990 |
12. Powers of Tribunal
(1) The Tribunal may—
(a) dismiss an application under section 11; or
(b) if sub-section (2) applies, make an order
declaring the proposed rent excessive and
directing that for the period specified in the
order the rent must not exceed the amount
specified in the order.
(2) The Tribunal must make an order declaring the
proposed rent excessive if satisfied that the
proposed rent is more than that which should
reasonably be paid by a resident having regard to
all of the following factors and in particular those
specified in paragraphs (a) and (b):
(a) The rent payable for a similar room in the rooming house;
(b) The rent payable for a similar room in a
similar rooming house in a similar location;
(c) The state of repair and general condition of
the room and the rooming house;
(d) The variation in the cost of providing
facilities and services in the rooming house;
(e) The changes in the rent and the condition of
the room or facilities in the rooming house
since the resident first occupied the room
and since the last rent increase;(f) The improvements made to the room which
should not result in an increase in the rent
because the improvements were made by the
resident.
(3) The amount specified in an order under sub-
section (1)(b) must not be less than the amount payable by the resident immediately before the notice was given under section 9.
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Rooming Houses Act 1990
Act No. 33/1990 s. 13 (4) If an order is made under sub-section (1)(b), a
resident cannot be required by the rooming house
owner to pay an amount of rent greater than that
specified in the order for a period of six months
from the day on which the proposed increase was
to apply.
13. Payment of increased rent
(1) Pending the Tribunal's decision under section 12,
a resident must pay, from the time when the
proposed increase is to apply, either—
(a) the increased rent specified in the notice under section 9; or
(b) 110 per cent of the rent immediately before the notice was given—
whichever is less.
(2) If the Tribunal subsequently makes an order under
section 12(1)(b), the Tribunal may order that any excess rent paid by the resident from the time the increase took effect until the date of the order be refunded by the rooming house owner.
14. Bonds
(1) A bond may be required by the rooming house owner to be paid by a resident before he or she takes up occupancy the amount of which must not
exceed the equivalent of the rent payable by the
resident for a period of 14 days.
(2) Before the resident gives a bond, the rooming
house owner must give the resident 2 copies of a
condition report signed by or on behalf of the
rooming house owner specifying the state of
repair and general condition of the room on the
day specified in the condition report.
Penalty for an offence against this sub-section:
2 penalty units.
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Rooming Houses Act 1990
| s. 15 | Act No. 33/1990 |
(3) Within 3 days of receiving the copies of the
condition report the resident must return a copy to
the rooming house owner signed by or on behalf
of the resident or with an endorsement so signed
to the effect that the resident agrees, or disagrees,
with the condition report as a whole or with
specified parts of the condition report.
Penalty for an offence against this sub-section:
2 penalty units.
(4) A statement in a condition report (other than a
statement with which, under the endorsement, the resident does not agree) as to the state of repair or general condition of a room is conclusive
evidence for the purposes of this Act of that state of repair or general condition, subject only to any state of repair or general condition that could not reasonably have been discovered upon a
reasonable inspection of the premises.
(5) Sections 65, 66, 67, 68, 69, 78 and 79 of the Residential Tenancies Act 1980 apply as if incorporated in this Part, except where provision
is made to the contrary in this Part, and with such
modifications as are necessary, including themodifications that—
(a) a reference to a "security deposit" is a
reference to a "bond"; and
(b) a reference to a "landlord" is a reference to a "rooming house owner"; and
(c) a reference to a "tenant" is a reference to a
"resident".
15. Entitlement to bond(1) If a resident breaches a condition for which a bond was given, the rooming house owner is entitled to the bond or part of the bond, as
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Rooming Houses Act 1990
Act No. 33/1990 s. 15 compensation for loss or damage suffered by the
owner because of the breach.
(2) A rooming house owner is entitled to the whole or
part of the bond paid by a resident if the resident
agrees that the rooming house owner is so
entitled.
(3) The agreement must be in writing dated not earlier
than 30 days before the resident's term of
occupancy is to end.
(4) If when a room is vacated rent is accrued and
unpaid, the rooming house owner is entitled to—
(a) so much of the bond paid by the resident as
equals the outstanding sum; or
(b) the whole of the bond if the outstanding sum
is greater than or equal to the amount of
bond.
(5) Subject to sub-sections (1) to (4), if a resident
ceases to occupy a room, the rooming house
owner must pay the bond back to the resident
within 7 days.
Penalty for an offence against this sub-section:
10 penalty units.
(6) A claim under sub-section (1) must be determined by the Tribunal and a rooming house owner must apply in writing to the Tribunal within 7 days
after the resident has ceased to occupy the room.
(7) The application must be accompanied by a copy
of the condition report under section 14, and
notice of the application must be served on theresident.
(8) The resident may file a notice of objection within
14 days after service of the notice of application.
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Rooming Houses Act 1990
| s. 16 | Act No. 33/1990 |
(9) The Tribunal must consider the claim and any
objection and determine the relative entitlements
of the rooming house owner and the resident.
16. Receipts
(1) A person who receives rent or a bond from a resident must give a written receipt—
(a) immediately, if payment is made in person and in cash; or
(b) immediately, if payment is made in person,
otherwise than in cash, and a receipt is
requested; and
(c) within 5 days of receiving the payment, if
the payment is not made in person and a
receipt is requested.
Penalty: 1 penalty unit.
(2) A written receipt must state—
(a) the name of the resident and the rooming
house; and
(b) the date of receipt; and
(c) the period in respect of which payment is
made; and
(d) the amount paid; and
(e) the fact that payment was received by way of
rent or bond as the case may be.
Penalty: 1 penalty unit.
17. Separately metered rooms
(1) A rooming house owner can charge a resident for
electricity and gas consumed in the room occupied by the resident a charge for which is not otherwise included in the rent if—
(a) the rooming house owner is responsible for
the payment of the electricity and gas; and
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Rooming Houses Act 1990
Act No. 33/1990 s. 17 (b) the room is metered by recording apparatus
approved by the relevant supplying
authority.
(2) A charge under sub-section (1) must not be more
than the charge made by the relevant supplying
authority.
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Rooming Houses Act 1990
| s. 18 | Act No. 33/1990 |
| PART 3—DUTIES |
Division 1—General Duties
18. Duties of residents
A resident must—
(a) keep the room clean and in a condition
which will not create a fire or health hazard;
and
(b) use the room for residential purposes only;
and
(c) not use the room for any illegal activity; and
(d) observe all house rules made under section
44; and
(e) not install fixtures in a room or to the
rooming house without the prior written
consent of the rooming house owner; and(f) not do anything in or near the rooming house or allow any visitors into the rooming house to do anything which interferes with the
privacy and peace and quiet of other residents or with their proper use and enjoyment of the rooming house; and
(g) if any damage other than fair wear and tear is
caused by the resident or his or her visitors,
notify the rooming house owner of the
damage and pay compensation for the
damage to the rooming house owner; and
(h) pay the rent agreed with the rooming house
owner on the due dates and in the agreed
manner; and
(i) not keep any animal on the premises without the rooming house owner's consent; and
16
Rooming Houses Act 1990
Act No. 33/1990 s. 19 (j) give the rooming house owner the key to the door to his or her room to allow access under section 43; and
(k) report to the rooming house owner any
damage to or breakdown of any facilities,
fixtures, furniture or equipment provided by
the rooming house owner of which theresident has knowledge.
19. Duties of rooming house owner
(1) A rooming house owner must—
(a) ensure that the rooming house and its rooms
and any facilities, fixtures, furniture and
equipment provided by the rooming house
owner are maintained in good repair; and
(b) provide a resident with 24 hour access to his
or her room and to toilet and bathroom
facilities; and
(c) provide access during all reasonable hours to other residents' facilities; and
(d) when repairing or renovating residents'
facilities, minimise any inconvenience and
disruption to residents and, if necessary,
provide temporary substitute facilities; and(e) not unreasonably restrict or interfere with a resident's privacy, peace and quiet or proper use and enjoyment of the room and residents'
facilities in the rooming house; and
(f) take all reasonable steps to ensure that house rules made under section 44 are observed by all residents; and
(g) display prominently in each resident's room
and not later than the day on which a
resident agrees to take up occupation give
the resident a written statement in a form
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Rooming Houses Act 1990
| s. 20 | Act No. 33/1990 |
approved by the Director setting out in a
summary form the resident's rights and
duties under the Act and a copy of the house
rules; and(h) take all reasonable steps to ensure security
for the property of a resident in his or her
room; and
(i) take all reasonable steps to ensure peaceful
and quiet enjoyment of the rooming house by
residents; and
(j) if the rooming house owner does not reside
at the rooming house, give each resident
written notice of his or her business address
and telephone number.
(2) A rooming house owner must ensure that all
house rules made under section 44 are reasonable and are enforced and interpreted consistently and fairly.
20. Urgent repairs
(1) If a resident of a rooming house is unable, after
taking reasonable steps to arrange for the
immediate carrying out of urgent repairs to the
rooming house or his or her room by the rooming
house owner—
(a) the resident may arrange for the repairs to be carried out; and
(b) subject to sub-section (2), the rooming house
owner is liable to reimburse the resident for
the reasonable cost of the repairs or $500,
whichever is less.
(2) A rooming house owner is not liable under sub-
section (1) until the expiration of 14 days after the
resident gives the rooming house owner written
notice of the repairs carried out and the cost.
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Rooming Houses Act 1990
Act No. 33/1990 s. 21 (3) This section does not apply—
(a) to any fixtures, furniture or equipment
supplied by the resident; or
(b) if there is no immediate danger to health or
safety and the resident is able to use other
facilities in the rooming house.
Division 2—Duty in relation to Goods
21. Duty in relation to goods left behind by a resident
(1) A rooming house owner who takes possession of a
room vacated by a resident must take reasonable
care of any goods left by the resident.
(2) The rooming house owner may dispose of goods
which are—
(a) perishable foodstuffs; or
(b) of no monetary value or worth less than the
estimated cost of removal, storage and sale.
(3) The rooming house owner must take reasonable
steps to notify the former resident as to when and
from where the goods can be collected.
(4) At the request of a rooming house owner, the
Director may state in writing whether or not in his or her opinion there are reasonable grounds for believing that sub-section (2) applies in respect of particular goods.
(5) Where a rooming house owner has been found liable to the owner of goods that he or she has disposed of, being goods that were left in the
rooming house, and it is proved that he or she
disposed of the goods in reliance upon a statement
of the Director under sub-section (4), the rooming
house owner is entitled to be paid from theResidential Tenancies Fund an amount equal to
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Rooming Houses Act 1990
| s. 22 | Act No. 33/1990 |
the amount in respect of which he or she has been
found liable together with reasonable costsincurred in relation to the action.
22. Sale of goods left behind by a resident
(1) The rooming house owner may sell the goods stored under section 21 if—
(a) after 28 days of taking possession of the
room he or she has been unable to notify the former resident after taking reasonable steps to do so; or
(b) the former resident has failed to collect the
goods within 28 days of being notified to do
so.
(2) The sale of the goods must be by public auction
and advertised in a newspaper generally
circulating in Victoria at least 14 days before the
public auction.
(3) The former resident may collect the goods at any
time before the goods are sold if he or she pays
the rooming house owner the reasonable costs
incurred in—
(a) storing or paying for the storage of the
goods; and
(b) trying to notify the former resident; and
(c) organising the sale of the goods.(4) If the former resident pays the costs specified in
sub-section (3) the rooming house owner must not
refuse to give the goods to the former resident.
Penalty for an offence against this sub-section:
10 penalty units.
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Rooming Houses Act 1990
Act No. 33/1990 s. 23
23. Effect of sale of goods
(1) A rooming house owner who sells goods in
accordance with section 22 may take from the
proceeds of the sale—
(a) the reasonable costs incurred in—
(i) storing or paying for the storage of the
goods; and
(ii) trying to notify the former resident; and
(iii) selling the goods; and(b) any money owed to him or her under an order of the Tribunal.
S. 23(2)
(2) Any proceeds remaining after deducting the amounts specified in sub-section (1) are to be
amended by
No. 70/1993
s. 14(Sch.
dealt with as unclaimed moneys in accordance item 8). with Part II of the Unclaimed Moneys Act 1962 as if the rooming house owner were a business to which that Part applies. Penalty for an offence against this sub-section: 10 penalty units and in the case of a continuing offence a penalty of not more than 1 penalty unit for each subsequent period of 7 days during which
the offence continues after conviction.
(3) A rooming house owner is not liable to any person
for any loss or damage caused as a result of the
sale of any goods in accordance with section 22.
(4) A person who purchases any goods sold in
accordance with section 22 acquires a good title to
the goods unless he or she has notice of—
(a) any defect or want of title in the former
resident; or
(b) any failure by the rooming house owner to comply with section 22.
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Rooming Houses Act 1990
| s. 24 | Act No. 33/1990 |
(5) If a person not being a former resident is the
owner of any goods sold under section 22 that
person is not entitled to the return of the goods but
has the same right as a former resident has under
section 24.
24. Tribunal orders in relation to goods
(1) If a former resident's goods are wrongfully
disposed of or sold by a rooming house owner, the
former resident may apply to the Tribunal for an
order for compensation.
(2) If a former resident's goods are wrongfully
retained by a rooming house owner who refuses to
give up the goods, the former resident may apply
to the Tribunal for an order for the return of the
goods or for compensation or for both.
(3) If a former resident's goods are sold under section 22, the former resident may apply to the Tribunal for an order that money dealt with under section
23(2) be paid to the former resident.
(4) If the proceeds of the sale of the goods are not
sufficient to cover the reasonable costs incurred
by a rooming house owner in—
(a) storing or paying for the storage of the
goods; and
(b) trying to notify the former resident; and
(c) selling the goods—
the rooming house owner may apply to the
Tribunal for an order for compensation.(5) An order under sub-section (3) or (4) must be
satisfied by a payment out of the Residential
Tenancies Fund.
22
Rooming Houses Act 1990
Act No. 33/1990 s. 24 (6) A rooming house owner must comply with an
order under sub-section (2). Penalty: 20 penalty units.
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23
Rooming Houses Act 1990
| s. 25 | Act No. 33/1990 |
PART 4—POSSESSION RIGHTS
25. Notice of intention to vacate room
(1) A resident must give to the rooming house owner
at least 2 days notice of intention to vacate the
room occupied by the resident.
(2) The notice may be given orally or in writing if so required by the rooming house owner.
(3) Unless the rooming house or room has become unsafe or unfit for human habitation, a resident who vacates a room without giving notice must pay the rooming house owner the rent for the
period of 2 days after vacating the room.
Penalty for an offence against this sub-section:
5 penalty units.
(4) A resident who vacates a room before the day
specified in the notice must pay to the rooming
house owner the rent for the period from the day
the resident vacated the room until the day
specified in the notice.
26. Termination notice because of damage or danger
If a resident or a person who enters the resident's room or the rooming house with the resident's permission—
(a) intentionally or recklessly causes or allows serious damage to any part of the rooming house; or
(b) by act or omission creates or causes a danger
to any person or property in the rooming
house; or
(c) seriously interrupts the quiet and peaceful enjoyment of the rooming house by other residents—
24
Rooming Houses Act 1990
Act No. 33/1990 s. 27 the rooming house owner may give the resident a termination notice requiring him or her to vacate the room immediately.
27. Termination notice because of non-payment of rent
If a resident owes at least 7 days' rent to the rooming house owner the rooming house owner may give the resident a termination notice requiring him or her to vacate the room on the day specified in the termination notice being a day not less than 2 days after the termination notice is given.
28. Termination notice because of failure to comply with Tribunal order
If a resident fails to comply with an order of the Tribunal under section 41, the rooming house owner may give the resident a termination notice requiring him or her to vacate the room on the day specified in the termination notice being a day not less than 2 days after the termination notice is given.
29. Termination notice following sale notice
(1) If the rooming house owner has sold the rooming
house with vacant possession after having given
the resident at least 60 days written notice of
intention to sell the rooming house, the rooming
house owner may give the resident a termination
notice requiring him or her to vacate the room on
the day specified in the termination notice being a
day not less than 30 days after the termination
notice is given.
(2) A termination notice must not be given until after
60 days after the notice of intention to sell was
given.
25
Rooming Houses Act 1990
| s. 30 | Act No. 33/1990 |
30. Termination notice because of repairs or demolition
If the rooming house owner intends to repair,
renovate or demolish the rooming house and has
obtained all necessary permits and consents to
carry out the work but the work cannot be
properly carried out unless the resident vacates the
rooming house, the rooming house owner may
give the resident a termination notice requiring
him or her to vacate the room on the day specified
in the termination notice being a day not less than60 days after the termination notice is given.
31. Prohibition on renting after notice
(1) Unless sub-section (2) applies or the Tribunal otherwise determines, a rooming house owner must not rent a room vacated under section 30 for
6 months after the vacation. Penalty: 20 penalty units.
(2) A room vacated under section 30 may be rented within 6 months of the vacation if the repairs or renovations have been completed.
32. Termination notice for no cause
(1) A rooming house owner may give a resident a
termination notice requiring him or her to vacate
the room on the day specified in the notice being a
day not less than 6 months after the notice is
given.
(2) A termination notice is of no effect if given in
response to the exercise, or proposed exercise, by
the resident of a right under this Act.
(3) A person is not entitled to apply to the Tribunal challenging the validity of a termination notice under this section after the expiration of 56 days
after the termination notice was given.
26
Rooming Houses Act 1990
Act No. 33/1990 s. 33 33. Termination notice given by a rooming house mortgagee
(1) If a rooming house mortgagee becomes entitled to sell or take possession of a rooming house under a mortgage, the rooming house mortgagee is
entitled to give the resident a termination notice
requiring him or her to vacate the room on the day
specified in the termination notice, being a day
not less than 30 days after the termination notice
is given.
(2) A termination notice under this section must not
be given unless the rooming house mortgagee has
given not less than 60 days written notice to the
resident of his or her intention to sell or take
possession of the rooming house.
34. Form of termination notice
A termination notice must—
(a) be in writing addressed to the resident; and
(b) be signed by the rooming house owner or
rooming house mortgagee or his or her
agent; and(c) specify the reason for the giving of the notice
and the date by which compliance is
required.
35. Application for possession order by a rooming house owner
(1) A rooming house owner who has given a resident a termination notice may apply to the Tribunal for a possession order before the expiration of 30
days after the termination date specified in the
notice.
(2) Unless sub-section (3) or (4) applies, the Tribunal
must make a possession order requiring the
resident to vacate the room and the rooming house
27
Rooming Houses Act 1990
| s. 35 | Act No. 33/1990 |
on the date specified in the order if the Tribunal is
satisfied that—(a) the rooming house owner was entitled to give the termination notice; and
(b) the termination notice has not been
withdrawn by the rooming house owner by notice in writing given to the resident; and
(c) the resident is still in possession of the room
after the date specified in the termination
notice.
(3) If an application for a possession order is
supported with a termination notice given under
section 28, the Tribunal must not make a
possession order if it is satisfied that—(a) the failure to comply with an order of the Tribunal under section 41 is trivial or has been remedied as far as possible; and
(b) there will not be any further breach of a duty under section 18; and
(c) that the breach of duty is not a recurrence of a previous breach of duty.
(4) If an application for a possession order is
supported with a termination notice given under
section 26(c), the Tribunal must not make a
possession order if it is satisfied that the
interruption to quiet and peaceful enjoyment of
the rooming house has ceased, that the disturbanceis not a recurrence and will not be repeated.
(5) A rooming house owner who has been given a
notice of intention to vacate may apply to the expiration of 7 days from the date on which the notice was given.
28
Rooming Houses Act 1990
Act No. 33/1990 s. 36 (6) On the application under sub-section (5), the
Tribunal must within 14 days make a possession order requiring the resident to vacate the room and the rooming house on the date specified in the order if the Tribunal is satisfied that the rooming house owner acted reasonably by relying on the notice of intention to vacate given by the resident.
36. Application for possession order by a rooming house mortgagee
(1) If a resident fails to vacate a room by the date specified in a termination notice given by the rooming house mortgagee, the rooming house mortgagee may apply to the Tribunal for a
possession order within 30 days after that date. (2) The Tribunal must make a possession order
requiring the resident to vacate the room on the
date specified in the order if the Tribunal is
satisfied that—(a) the rooming house mortgagee was entitled to give the termination notice; and
(b) the termination notice has not been
withdrawn by the rooming house mortgagee
by notice in writing given to the resident;
and(c) the resident is still in possession of the room
after the date specified in the termination
notice.
37. Contents of possession order
A possession order must include—
(a) the day by which the resident must vacate
the room and rooming house, being a day not more than 30 days after the day on which the possession order is made; and
29
Rooming Houses Act 1990
| s. 38 | Act No. 33/1990 |
(b) a direction to the resident to vacate the room
and rooming house by the day specified in
the possession order; and
(c) a direction to the Registrar to issue a warrant
of possession in accordance with section 38 on the request of the rooming house owner or rooming house mortgagee; and
(d) a warning that if the resident fails to comply
with the direction referred to in paragraph
(b), he or she may be forcibly vacated from
the room and the rooming house by an
authorised officer carrying out a warrant of
possession.
38. Warrants of possession
(1) The person who obtained the possession order
may apply to the Registrar for a warrant of
possession—
(a) immediately if the possession order so
provides; or
(b) within 6 months of the date of the possession
order if the resident fails to comply with the
possession order—
after payment of the fee, if any, prescribed under
section 132 of the Residential Tenancies Act1980.
(2) A warrant of possession must—
(a) be in the prescribed form; and
(b) be addressed to a person authorised in
writing by the Minister for the purposes of
this section; and
(c) direct and authorise the person to whom it is
addressed or a police officer to enter, by force if necessary, the room and rooming house to be vacated between 8 a.m. and 6
30
Rooming Houses Act 1990
Act No. 33/1990 s. 38 p.m. on any day other than a Sunday or
public holiday and compel the person
occupying the room to vacate and give up
possession of the room and leave therooming house; and
(d) give brief details of the possession order; and
(e) be signed by the Registrar.
(3) As soon as practicable but not later than 60 days
after the warrant of possession is issued, the
person to whom it is addressed must return the
warrant of possession to the Registrar and specify
in writing whether the warrant of possession has
or has not been carried out.
(4) A person who is removed from a rooming house under a warrant of possession must not re-enter and take up possession of a room in the rooming
house.
Penalty for an offence against this sub-section:20 penalty units.
(5) On the application of the person who obtained a
warrant of possession the Tribunal may from time to time make an order extending the time in which a warrant of possession may be executed.
(6) An order made under sub-section (5) must not
extend the time in which a warrant of possession
may be executed by more than 30 days at any one
time from the day on which the time for execution
of the warrant would otherwise expire.
(7) An order may be made under sub-section (5) even
if the time for execution of the warrant has
expired.
_______________
31
Rooming Houses Act 1990
| s. 39 | Act No. 33/1990 |
PART 5—GENERAL PROVISIONS
Division 1—Other Rights and Duties
39. Assignment of rights and agreements
(1) The rights conferred on a resident by this Act are not assignable or transferable.
(2) Nothing in this Act affects the right of a resident
and a rooming house owner to enter into a tenancy
agreement.
(3) A resident and a rooming house owner may enter
into an agreement specifying the terms and
conditions of the resident's use and enjoyment of
the rooming house.
(4) Any term or condition in an agreement which—
(a) is inconsistent with this Act; or
(b) purports to exclude, restrict or modify the
application or exercise of a right conferred
by this Act—
is invalid.
40. Breach of duty notice
(1) This section applies if a resident or a rooming
house owner breaches his or her duty under
Division 1 of Part 3.
(2) The person to whom the duty is owed or his or her
agent may give the person in breach of his or her
duty a breach of duty notice—
(a) specifying the breach; and
(b) giving details of any loss or damage caused
by the breach; and
(c) requiring where it is possible to do so that
the person in breach remedy the breach or
32
Rooming Houses Act 1990
Act No. 33/1990 s. 41 compensate the person to whom the duty is owed within 3 days of receiving the notice; and
(d) stating that the person in breach must not commit a similar breach again; and
(e) stating that if the notice is not complied with,
an application for a compensation order or a
compliance order will be made to the
Tribunal.
(3) A breach of duty notice must be—
(a) in writing addressed to the person allegedly
in breach of his or her duty or his or her
agent; and
(b) signed by the person to whom the duty is
owed; and
(c) given to the person to whom it is addressed or left with a person who appears to be over 16 years of age and to reside or be employed at the address specified in the notice as the
address of the person allegedly in breach or
sent by post addressed to the person at his or
her last known place of residence orbusiness.
41. Application for compensation or compliance order
(1) If a breach of duty notice is not complied with the person giving the breach of duty notice may apply to the Tribunal for a compensation order or a
compliance order.
(2) If the Tribunal is satisfied that the person giving the breach of duty notice was entitled to give it and that the breach of duty notice has not been complied with the Tribunal may make any or all
of the orders specified in sub-section (3).
33
Rooming Houses Act 1990
| s. 41 | Act No. 33/1990 |
(3) The orders are as follows:
(a) An order that the person in breach remedy the breach as specified in the order;
(b) An order that the person in breach give
compensation as specified in the order;
(c) An order that the person in breach refrain
from committing a similar breach of duty.
(4) If, in hearing an application under sub-section (1),
the Tribunal is asked to consider the alleged breach of a house rule, the Tribunal may, in addition to or instead of any order under sub-
section (3), make an order under section 44(4). (5) If an order is made in respect of a breach of duty
by a resident, the order must specify that if the order is not complied with the rooming house owner is entitled to give the resident a termination
notice.
(6) If an order is made under sub-section (3)(b) in favour of a resident, the order may specify that compensation is to be in the form of a reduction in
the rent payable by the resident.
(7) If a rooming house owner takes action of the kind
referred to in section 6(3) which results in the
resident vacating the rooming house the resident
may apply to the Tribunal for an order under sub-
section (9).
(8) An application under sub-section (7) may only be made before the end of the business day following the day on which the action by the rooming house owner was taken and must be made by personal
delivery, certified post or facsimile machine. (9) If the Tribunal is satisfied that the rooming house
owner was not entitled to take the action which
34
Rooming Houses Act 1990
Act No. 33/1990 s. 41 resulted in the resident vacating the rooming
house, the Tribunal may make an order either—(a) requiring the rooming house owner to permit the resident to resume residency in the room which he or she previously occupied; or
(b) requiring the rooming house owner to pay to
the resident compensation of an amount
specified in the order—
or both.
(10) A rooming house owner must not allow any
person to reside in a room vacated by a resident
following action of the kind referred to in section
6(3) until after the time limited for making an
application under sub-section (7) has expired, or,
where an application is made under that sub-
section and an order is not made under sub-section
(9), until the Tribunal has heard the application.
Penalty: 20 penalty units.
(11) The Registrar must notify a rooming house owner
immediately an application is made under sub-
section (7).
(12) If the Tribunal does not make an order under sub- section (9) when hearing an application under sub-section (7), the Tribunal may order that a rooming house owner who has complied with sub-
section (10) must be paid from the Residential Tenancies Act 1980 an amount of money equal to the rent which would have been derived by the rooming house owner during the period for which he or she complied with sub-section (10).
35
Rooming Houses Act 1990
| s. 42 | Act No. 33/1990 |
42. Resident's goods not to be taken
A person must not take or dispose of a resident's
goods on account of any rent owing by the
resident.Penalty: 10 penalty units.
43. Access to room
(1) A rooming house owner or a person appointed in
writing as his or her agent for the purpose may
enter a room occupied by a resident if—
(a) the resident agrees at the time the entry is
sought; or
(b) there is an emergency and immediate entry is
necessary to save life or valuable property;
or
(c) services are provided and it is necessary to
enter to provide those services but only
during the hours specified in the house rules;
or
(d) the resident has been given written notice at least 24 hours before the time at which entry is sought, once every 4 weeks to inspect the room on a day (not being a Saturday, Sunday
or public holiday) between 9 a.m. and 5 p.m.
(2) A person exercising a right of entry under sub- section (1)—
(a) must do so in a reasonable manner; and
(b) must not, without the resident's consent, stay
in a room longer than is necessary to achieve
the purposes of the entry.
(3) A person to whom sub-section (1) applies must comply with this section before entering a room occupied by a resident.
36
Rooming Houses Act 1990
Act No. 33/1990 s. 44 Penalty: 10 penalty units.
44. Rooming house rules
(1) A rooming house owner may make house rules
relating to the use and enjoyment of facilities and
rooms.
(2) An application may be made to the Tribunal for an order declaring a house rule to be unreasonable.
(3) The application must—
(a) be signed by at least half of the residents of
the rooming house at the date of the
application; and
(b) be accompanied by a copy of the house
rules; and
(c) specify which house rules are considered to be unreasonable; and
(d) specify the reason why the house rules are considered to be unreasonable.
(4) If the Tribunal considers a house rule to be
unreasonable the Tribunal may declare the house
rule to be invalid.
(5) A person must not attempt to enforce a house rule
after it is declared invalid.
Penalty for an offence against this sub-section:
10 penalty units.
45. Certain payments prohibited
A rooming house owner must not because of the failure of a resident to comply with this Act demand or accept from the resident a payment other than—
(a) rent in accordance with this Act; or
(b) any other payment provided for in this Act.
37
Rooming Houses Act 1990
| s. 46 | Act No. 33/1990 |
Division 2—Provisions relating to the Tribunal and
Enforcement
46. Jurisdiction of the Tribunal
(1) Subject to this Act the Tribunal has jurisdiction to
hear and determine applications made to the
Tribunal under this Act.
(2) The Tribunal must not—
(a) unless the parties to the application authorise
in writing the Tribunal to do so, hear or
determine an application for a compensation
order which involves a monetary claim
exceeding $3000; or
(b) unless the parties to the application authorise
in writing the Tribunal to do so, make a
determination requiring or authorising the
payment of an amount exceeding $3000 or
requiring or authorising the carrying out of
works the estimated cost of which exceeds
$3000; or
(c) make a compensation or compliance order
requiring the payment of money as a
consequence of death, physical injury or pain
and suffering.
47. Determination must be complied with
A person to whom a determination of the Tribunal
applies must comply with the determination.
Penalty: 10 penalty units.
48. Application and amendment of Residential Tenancies Act 1980
(1) The following sections of the Residential
Tenancies Act 1980 apply with such modifications as are necessary as if incorporated
38
Rooming Houses Act 1990
Act No. 33/1990 s. 49 in this Part except where provision is made in this
Part to the contrary:
Sections 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30,
31, 32, 33, 34, 35, 36, 37, 38, 39, 39A, 41, 42, 43,
44, 45, 46, 138, 139, 140, 141, 143, 144, 145, 148,
149 and 150.1
(2) Subject to the general approval of the Minister
given for any class of application, an application
to the Tribunal under this Act must be in the form
approved by the Registrar and accompanied by the
relevant fee determined by the Registrar.
(3) The Residential Tenancies Act 1980 is amended
as follows:
(a) In section 13, after "1988" (where twice
occurring) insert "or the Rooming Houses
Act 1990";
(b) In section 50, after "1988" (wherever
occurring) insert "or the Rooming Houses
Act 1990";
(c) In section 51, after "1988" (where twice
occurring) insert "or the Rooming Houses
Act 1990".
Division 3—Miscellaneous
49. Service
A notice or other document to be served on or given to a person must be served or given—
(a) by delivering it personally to the person; or
(b) by leaving it at the person's usual or last-
known place of residence or business with a
person apparently over the age of 16 years
and apparently residing or employed at thatplace; or
39
Rooming Houses Act 1990
| s. 50 | Act No. 33/1990 |
(c) by sending it to the person by certified post,
or by post in the case only of a copy of a determination made by the Tribunal or a notice of hearing before the Tribunal; or
(d) in the manner ordered by the Tribunal.
50. Investigations by the Director
(1) Without limiting section 10, a resident or a
rooming house owner may at any time request the this Act.
(2) The request must be in writing.
(3) After investigating any matter, the Director must
report to the person who made the request and
send a copy of the report to the other party to the
residency.
(4) If after investigating any matter the Director is of the opinion that the matter is frivolous, vexatious or unimportant and does not justify the making of a report, the Director must advise the person
making the request to investigate the matter of his
or her opinion.
51. Inspectors
For the purposes of the Consumer Affairs Act
1972, this Act is deemed to be a "Consumer Act"within the meaning of section 62(5) of that Act.
52. Power of delegation
The Director may, by instrument, delegate to an officer or employee, or the holder of an office, in the Ministry of Consumer Affairs any power, duty or function of the Director under this Act, other than this power of delegation.
40
Rooming Houses Act 1990
Act No. 33/1990 s. 53
53. The Residential Tenancies Fund
The Director may provide funds from the payments required for the purposes of this Act.
Residential Tenancies Fund under the Residential
54. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) The regulations may prescribe a penalty not
exceeding 10 penalty units for a contravention of
any regulation.
(3) Regulations made under this Act may be
disallowed in whole or in part by a resolution of
either House of Parliament in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962.
(4) Disallowance of a regulation under sub-section (3)
is deemed to be disallowance by Parliament for
the purposes of the Subordinate Legislation Act
1962.
═══════════════
41
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
NOTES
1. General Information
Minister's second reading speech— Legislative Assembly: 29 May 1990 Legislative Council: 24 October 1989
The long title for the Bill for this Act was "A Bill to define the rights and duties of owners and residents of rooming houses and for other purposes.".
The Rooming Houses Act 1990 was assented to on 13 June 1990 and came into operation on 1 November 1990: Government Gazette 31 October 1990 page 3329.
42
Rooming Houses Act 1990
Act No. 33/1990 Notes
2. Table of Amendments
This Version incorporates amendments made to the Rooming Houses Act
1990 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Unclaimed Moneys (Amendment) Act 1993, No. 70/1993
Assent Date: 5.10.93 Commencement Date: 5.10.93 Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
43
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
3. Explanatory Details
1 S. 48(1): Sections 19-25, 27-39A, 41-46, 138-141, 143-145, 148-150 of the
Residential Tenancies Act 1980, No. 9514 (as amended by Nos 16/1986,
63/1987, 19/1989, 57/1989) read as follows:19. Constitution of Tribunal
An application to or proceedings before the member of the Tribunal.
20. Defect in appointment of Tribunal
An act or determination of the Tribunal is not invalid by reason only of a defect or irregularity in the appointment of a member of the Tribunal.
21. Sittings of Tribunal
Except as otherwise provided by the regulations, the Tribunal shall sit at such places in the State and at such times as are determined by the Registrar.
22. Notice of hearings
The Registrar shall give notice to each applicant and to each party to proceedings before the Tribunal of the time and place for the hearing of the application or proceedings.
23. General applications to Tribunal
(1) Subject to this Act, a landlord or a tenant under a
tenancy agreement may make application to the
Tribunal where he claims that—
(a)
a dispute has arisen under the tenancy agreement; or
(b)
a breach has occurred under the tenancy agreement or under the provisions of this Act relating to the tenancy agreement.
44
Rooming Houses Act 1990
Act No. 33/1990 Notes
(1A) A person who is not a landlord or a tenant under a tenancy agreement may, with the leave of the
S. 23(1A)
inserted byNo. 63/1987
Tribunal, make an application to the Tribunal s. 6(d). relating to that tenancy agreement. S. 23(1B)
(1B) The Tribunal must not grant leave under sub- section (1A) unless it is satisfied that the person
inserted by
No. 63/1987
has an interest and personal involvement in the s. 6(d ). tenancy agreement that is sufficient to justify the
granting of leave.
(2) The provisions of this section are in addition to all other rights and powers under this Act.
24. General power of Tribunal to make determinations
(1) Subject to this Act, on an application made to, or
in proceedings before, the Tribunal under this Act
relating to a tenancy agreement, the Tribunal—
(a) may make such determinations as it considers appropriate to restrain any action in breach of the tenancy agreement or the provisions of this Act relating to the tenancy agreement or to require any action in performance of the tenancy agreement or of obligations under those provisions; (b) without limiting the generality of paragraph (a), may make determinations for the return of goods unlawfully taken or removed from the rented premises by a party to the tenancy agreement; and (c) may make determinations ancillary or it.
(2) Where there are two or more tenancy agreements
to which this Act applies in respect of the same
premises and the rights under this Act of the
landlord and the tenant under any of those
agreements are prejudicially affected by reason of
45
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
the application of this Act to two or more of those
agreements, the Tribunal may make suchdeterminations as it considers appropriate—
(a) to give effect to the rights under this Act of any tenant in possession of the premises under a tenancy agreement to which this Act applies; and (b) subject to a determination being made under paragraph (a) or the Tribunal determining that no such determination is necessary, to give effect to the rights under this Act of each landlord and each tenant of the premises. (3) The provisions of sub-sections (1) and (2) are in
addition to all other powers of the Tribunal under
this Act.
25. Settlements
Where an application is made to the Tribunal under this Act in relation to issues arising between the parties to a tenancy agreement, the Tribunal, shall, if in its opinion it is reasonable in the circumstances to do so, take such steps as it thinks fit to achieve a settlement of the issues without proceeding to hear and determine the application.
27. Registrar may refer application to Director
(1) Where an application is made to the Tribunal, the
Registrar—
(a)
where the application is an application of a kind that the Director has directed the Registrar to refer to him—shall refer the application to the Director for investigation and report; and
(b)
in any other case, where he considers that the Director's report would be of assistance to
46
Rooming Houses Act 1990
Act No. 33/1990 Notes the Tribunal, may refer the application to the
Director for investigation and report.
(2) Where an application has been made to the
Tribunal, not being an application for an order for
possession under section 130 or 131, and any
party to the proceedings arising from the
application requests at any time before the hearing
of the application that the Registrar refer the
application to the Director for investigation and
report, the Registrar may refer the application to
the Director.
28. Registrar may amend applications in certain cases
Where an application has been made to the Tribunal under this Act, the Registrar may at any time before the hearing of the application, amend the application at the request of all parties to proceedings on the application.
29. Withdrawal of applications
(1) A person who has made application to the
Tribunal under this Act may, at any time before the Tribunal determines the application, withdraw the application.
(2) A withdrawal of an application under sub-section (1) shall be in writing signed by the applicant and shall be given to the Registrar.
(3) An applicant who withdraws an application under
this section shall inform each other party to the
proceedings (if any) of the withdrawal.
(4) Where an application is withdrawn under this Act,
the applicant is not, except with the leave of the
Tribunal, entitled to make application again to the
Tribunal in respect of the same subject-matter.
30. Procedure of Tribunal
(1) Subject to this Act, the Tribunal—
47
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
(a) is bound by the rules of natural justice; and
(b) may regulate its own procedure.(2) Subject to this Act, the Tribunal may hear and
determine together two or more applications
where it considers that the applications concern
the same or related subject-matter.
(3) Subject to this Act, where an application is made to, or proceedings are before, the Tribunal under this Act, the Tribunal—
(a)
may at the request, or with the approval, of the applicant amend the application;
S. 30(3)(ab)
| inserted by | (ab) may direct that a person be made a party to |
| No. 63/1987 | the proceedings; |
| s. 6(e)(i). |
(b)
may refer the application or any matter arising in the proceedings to the Director for investigation and report; and
(c)
may refer to the Valuer-General for report any question arising under the application or in the proceedings in relation to the valuation of premises.
S. 30(4)
| inserted by | (4) The Tribunal must not under sub-section (3)(ab) |
| No. 63/1987 | direct that a person be made a party to |
| s. 6(e)(ii). | proceedings before it unless the Tribunal is satisfied, whether on application by that person or by a person who is a party to the proceedings or without any such application, that that person has an interest in the proceedings that is sufficient to justify the making of the direction. |
| S. 30(5) | |
| inserted by | (5) The Tribunal may make an interim determination |
| No. 63/1987 | in any proceedings even if— |
| s. 6(e)(ii). |
(a)
the person who made the application to the Tribunal is absent and unrepresented; or
48
Rooming Houses Act 1990
Act No. 33/1990 Notes
(b)
a person who is a party to the proceedings, or who the Tribunal directs be made a party to the proceedings, is absent and unrepresented because that person has not been notified of the proceedings in accordance with this Act—
if the Tribunal is satisfied that the proceedings are
urgent.
S. 30(6)
(6) An interim determination only operates until the time specified in it or until the making of a further
inserted by
No. 63/1987
determination by the Tribunal, whichever occurs s. 6(e)(ii). first.
31. Reports
Where, under this Act, an application to the Tribunal, a matter arising in proceedings or a question arising under an application or in proceedings is referred to the Director for investigation and report or to the Valuer-General for report—
(a) the Director shall investigate the application or matter and report, or the Valuer-General shall report, as the case may be, to the Tribunal on the application, matter or question; and (b) in relation to the application, matter or
question unless it has received and taken intothe Tribunal shall not make a determination the Valuer-General, as the case may be.
32. Evidence before Tribunal
(1) Evidence before the Tribunal may be given on
oath or, where the law permits, on affirmation or
declaration instead of oath.
49
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
(2) A member of the Tribunal may administer an oath
or take an affirmation or declaration for the
purposes of this Act.
(3) Evidence given before the Tribunal shall not be
used in criminal proceedings except in
proceedings for an offence against this Act or for
perjury.
(4) The Tribunal is not bound by rules or practice as
to evidence but may inform itself in relation to
any matter in such manner as it thinks fit.
(5) The Tribunal may at the request of a party to
proceedings before it or on its own initiative direct the Registrar to serve upon any person a summons to appear before the Tribunal to give evidence or
to produce such documents as are specified in the summons and may in an appropriate case make an order for the manner of service, including an order for substituted service.
33. Proceedings of Tribunal and publication of evidence
(1) Subject to this section, the hearing of proceedingsbefore the Tribunal shall be held in public. (2) The Tribunal may by order exclude from
proceedings or any part of proceedings before it a
person who does an act referred to in section 46.
(3) Where the Tribunal, whether at the request of a party to proceedings or on its own initiative, is satisfied that it is desirable to do so, the Tribunal
may direct that the hearing of the proceedings, or part of the hearing, shall take place in private and give directions as to the persons who may be
present.
(4) Where the Tribunal, whether at the request of a party to proceedings, or on its own initiative, is satisfied that it is desirable to do so, the Tribunal
may give directions prohibiting or restricting
50
Rooming Houses Act 1990
Act No. 33/1990 Notes
publication of evidence given before the Tribunal placed in the records of the Tribunal.
whether in public or in private, or of matters
contained in documents filed or lodged with the
34. Tribunal may dismiss certain applications
(1) Where an application is made to the Tribunal under this Act and the Tribunal considers that—
(a)
there are no grounds upon which the application could be granted; or
(b)
there are grounds upon which the application could be granted but that the application is vexatious or frivolous—
the Tribunal may dismiss the application.
(2) Where the Tribunal dismisses an application that it considers to be vexatious or frivolous, being an application that refers to a dispute by the applicant
with a party to a tenancy agreement or to a breach
by a party to a tenancy agreement of the tenancy
agreement or of a provision of this Act relating to
the tenancy agreement, the Tribunal may order the
applicant to pay to that party a sum, not exceeding$100, specified by the Tribunal.
35. Proceedings in absence of party
(1) Where a person who has made an application to
the Tribunal is absent and unrepresented at the time and place appointed for the hearing of the application, the Tribunal may dismiss the
application.
(2) Where a party to proceedings arising from an
application to the Tribunal (other than the
applicant) is absent and unrepresented at the time
and place appointed for the hearing of the
proceedings, the Tribunal may, if it is satisfied—
51
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
(a) that a copy of the application was given in accordance with this Act to the party at his last-known or most usual place of residence or business; and
(b)
that the applicant has taken such further action (if any) to bring the application to the notice of that party as the Tribunal may direct—
hear and determine the proceedings
notwithstanding that that party is absent andunrepresented.
36. Reservation of questions of law
(1) Where in an application to or proceedings before the Tribunal under this Act a question of law arises, the Tribunal shall, at the request of the applicant or a party to the proceedings, and may,
on its own initiative, reserve the question in the
form of a special case stated for the opinion of the
Supreme Court.
(2) Where a question has been reserved under this
section, the Tribunal shall not determine the
application or the proceedings until the opinion of
the Supreme Court has been given and shall not
proceed in a manner or make a determination that
is inconsistent with the opinion of the Supreme
Court on the question of law.
| S. 36(3) | * | * | * | * | * |
| repealed by No. 57/1989 s. 3 (Sch. item | |||||
| 172.3). |
(4) Where the Minister is of the opinion that a
question of law reserved for the Supreme Court
under this section is of general public importance,
the Minister may authorize the payment from theFund of the whole or any part of the costs of
52
Rooming Houses Act 1990
Act No. 33/1990 Notes reserving the question for the opinion of the
Supreme Court.
37. Tribunal to state reasons for determination
(1) Where the Tribunal makes a determination, it shall state the reasons for the determination.
(2) A statement of reasons by the Tribunal under sub-
section (1) shall be taken to form part of the
determination of the Tribunal.
(3) Where the Tribunal considers that a determination
made by it ought in the public interest to be
published it may request the Director to publish
the determination.
38. Determination to be in writing
(1) A determination of the Tribunal under this Act
shall be in writing and shall be signed by the member of the Tribunal who constituted the Tribunal.
(2) The production in any proceedings of a document
purporting to be a copy of a determination made
by the Tribunal under this Act and signed by a
member of the Tribunal shall be conclusive
evidence of the due making and existence of the
determination.
39. Copy of determination
Except as otherwise expressly provided in this Act, where the Tribunal makes a determination under this Act, the Registrar shall before the
expiration of seven days after the making of the
determination, give a copy of the determination to
each party to the proceedings who did not appear
and was not represented at the proceedings,
addressed to his last known place of residence orbusiness.
53
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
| S. 39A | 39A. Tribunal may correct determination |
| inserted by | |
| No. 63/1987 | The Tribunal may, on its own initiative at any |
| s. 6(f). | time or on application by a party to proceedings before the Tribunal within 14 days after the receipt by that party of a copy of a determination made by the Tribunal in those proceedings, correct the determination if it contains— |
(a) a clerical mistake; or
(b)
an error arising from an accidental slip or omission; or
(c)
a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or
(d) a defect of form.
41. Application to Tribunal for order rescinding or varying determination
S. 41(1)
| amended by | (1) A person to whom a determination made by the |
| No. 63/1987 | Tribunal applies may, if that person did not appear |
| s. 6(g)(i)(A) | |
| (B). | and was not represented at the proceedings, make application to the Tribunal within 14 days of being given a copy of the determination for a review of the determination. |
| S. 41(2) | |
| amended by | (2) The Tribunal may, if it is satisfied that the |
| No. 63/1987 | applicant has a reasonable excuse for not |
| s. 6(g)(ii). | appearing or being represented at the proceedings, hear and determine the application and may if it thinks fit determine that the determination be rescinded or varied. |
42. Enforcement of determinations of Tribunal
S. 42(1)
| amended by | (1) Where the Tribunal makes a determination |
| No. 57/1989 | requiring the payment of moneys to a person, that |
| s. 3 (Sch. item | |
| 172.4(a)(b)). | person may file in the Magistrates' Court a copy of the determination and pay to a registrar of the |
54
Rooming Houses Act 1990
Act No. 33/1990 Notes Magistrates' Court such fee (if any) as is prescribed.
S. 42(2)
(2) A copy of a determination filed in the Magistrates' Court under this section shall be deemed to be an
amended by
No. 57/1989
s. 3 (Sch. item
order of the Magistrates' Court and may be 172.5(a)(b)). enforced accordingly.
43. Proceedings of Tribunal not justiciable
(1) Where an application is made to, or proceedings
are before, the Tribunal the issue concerned in the application or proceedings (whether shown in the application or emerging in the course of
proceedings) shall not be justiciable at any time
before a court or person acting judicially otherthan the Tribunal, except—
(a)
in proceedings instituted before the application to the Tribunal was made or the proceedings before the Tribunal were commenced;
(b)
where the application or proceedings have been withdrawn; or
(c) in proceedings for an offence.
(2) Where a civil proceeding before a court or a
making of an application to or bringing of
proceedings before the Tribunal in respect of an
issue, the issue shall not be determined by theperson acting judicially was instituted before the or person have been discontinued.
44. Party to conduct own proceedings
(1) Subject to this section, a party to proceedings
before the Tribunal shall conduct his case in
person.
55
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
(2) A duly qualified legal practitioner may conduct
the case of a party to proceedings before the
Tribunal where—
(a) the parties to the proceedings so agree;
(b)
the other party to the proceedings is a body corporate or a person referred to in sub- section (5);
(c)
the proceedings relate to an order for possession under section 130 or 131; or
(d)
the Tribunal is satisfied that the party ought to be represented by a duly qualified legal practitioner.
(3) A person who is not a duly qualified legal
practitioner may conduct the case of a party to proceedings before the Tribunal (being a party who is a natural person) where the Tribunal is satisfied that the party ought to be represented by
an agent.(4) Where a party to proceedings before the Tribunal is a body corporate, an officer or agent, not being a duly qualified legal practitioner, of the body
corporate, may conduct the case of that party. (5) For the purposes of paragraph (b) of sub-section
(2), the persons are—
(a)
a person who is or has been a duly qualified legal practitioner in a State or Territory of the Commonwealth;
(b)
a person who works or has worked with a solicitor in a State or Territory of the Commonwealth as an articled clerk or law clerk; and
(c)
a person who holds a degree, diploma or other qualification in law conferred or
56
Rooming Houses Act 1990
Act No. 33/1990 Notes granted in a State or Territory of the
Commonwealth.
45. Costs of applications to and proceedings before Tribunal
(1) Where an application by a landlord or a tenant under a tenancy agreement made to the Tribunal under this Act is dismissed, the Tribunal may make an order for the payment by the applicant to the other party to the tenancy agreement—
(a) unless that other party was represented by a duly qualified legal practitioner, of an amount not exceeding $200 in respect of disbursements necessarily incurred by that other party in connexion with the application; or (b) where that other party was represented by a duly qualified legal practitioner— (i) of an amount not exceeding $200 in respect of disbursements necessarily incurred by that other party in
connexion with the application; and
(ii) of costs, other than disbursements, at the prescribed scale.
(2) Where the Tribunal makes a determination in
proceedings relating to a tenancy agreement, the party to the tenancy agreement to the other party to the tenancy agreement—
(a)
unless the other party was represented by a duly qualified legal practitioner, of an amount not exceeding $200 in respect of disbursements necessarily incurred by the first-mentioned party in connexion with the proceedings; or
57
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
(b) where that other party was represented by a duly qualified legal practitioner— (i) of an amount not exceeding $200 in respect of disbursements necessarily incurred by the first-mentioned party in
connexion with the proceedings; and
(ii) of costs, other than disbursements, at the prescribed scale.
S. 46
| substituted by | 46. Contempt of Tribunal |
| No. 63/1987 | |
| s. 6(h). | (1) If a person— |
(a)
insults a member of the Tribunal while the member is performing functions or exercising powers as the Tribunal; or
(b)
insults a person attending a hearing before the Tribunal; or
(c)
misbehaves at a hearing before the Tribunal; or
(d) interrupts a hearing before the Tribunal; or
(e)
assaults or obstructs a person attending a hearing before the Tribunal; or
(f)
without lawful excuse disobeys a direction or summons of the Tribunal—
the Tribunal may direct the apprehension of that
person and, if the Tribunal thinks fit, may commit
that person to prison for any time not exceeding
14 days or may impose on that person a fine of not
more than $1000.(2) In dealing with a person under sub-section (1), the Tribunal may—
(a)
hear the case immediately or give notice of the hearing; and
58
Rooming Houses Act 1990
Act No. 33/1990 Notes
(b) accept an apology instead of imposing a fine or committing the person to prison.
(3) An order made under sub-section (1) committing a
person to prison does not take effect until 48
hours after the making of the order or, if an appeal
is made under sub-section (4), until the appeal is
determined.
(4) A person who has been ordered to be imprisoned under this section may, within two business days after the making of the order, appeal to the
Supreme Court on the ground that the punishment is too severe.
S. 46(5)
(5) If the Tribunal makes an order under sub-section (1) imposing a fine on a person and the fine is
amended by
No. 57/1989
s. 3 (Sch. item
unpaid (either in whole or in part) at the end of the 172.6(a)(b)). period specified in the order for payment of the fine, the Registrar may file a copy of the order with the Magistrates' Court and pay to a registrar order must then be treated as an order of the
of the Court the prescribed fee (if any) and the were such an order.
(6) A member of the police force must obey and execute any direction or order of the Tribunal under sub-section (1).
138. Secrecy
(1) A person who is or has been— (a) a member of the Tribunal; (b) the Registrar;
(c) an Assistant Registrar;
(d) the Director;
(e)
an officer or employé in the Ministry of Consumer Affairs; or
59
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
(f) a person to whom the Director has delegated a function or power under this Act— shall not, except in the performance of a function or the exercise of a power under this or any other Act or with the written authority of the Minister or
the person to whom the information relates, either directly or indirectly make a record of, or divulge or communicate to any person information
concerning the affairs of the person, being
information acquired by him by reason of his
office or employment under or for the purposes of
this Act.Penalty: $500.
(2) Nothing in sub-section (1) precludes a person
from—
(a) producing a document to a Court in the course of criminal proceedings or in the course of any proceedings under this or any other Act; or
(b)
divulging or communicating to a Court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under his notice in the performance of a function or the exercise of a power referred to in that sub-section.
139. Inspection of register
Subject to this Act and the regulations, a person may inspect the register kept by the Registrar under this Act.
140. Giving of documents
For the purposes of this Act, where a document is properly addressed, prepaid and posted to a person as a letter, the document shall be deemed to have
been given to the person at the time at which the
60
Rooming Houses Act 1990
Act No. 33/1990 Notes letter would be delivered in the ordinary course of
post.
141. Onus of proof that Act does not apply
Where in any proceedings a person claims that this Act, or a provision of this Act, does not apply in relation to the subject-matter of the proceedings, the onus of proving that this Act or that provision does not so apply, lies upon him.
143. Proceedings for offences
(1) Proceedings for an offence against this Act may be brought—
(a) by the Director; or
(b) by an officer or employé in the Ministry of Consumer Affairs authorized in writing by the Minister or the Director either generally or in a particular case to take proceedings for
offences against this Act.
(2) In proceedings for an offence against this Act it shall be presumed, in the absence of evidence to the contrary, that the person bringing the
proceedings was authorized to bring the
proceedings.
S. 144
*
*
*
*
*
amended by No. 16/1986 s. 30, repealed
by No. 57/1989
s. 3(Sch. item
172.7).
145. Liability of officers of bodies corporate
Where a body corporate commits an offence against this Act, a director or officer of the body corporate who is knowingly a party to the commission of the offence is also guilty of the offence and liable to the penalty for the offence.
61
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
148. Penalty for making false representations
A person shall not in relation to a tenancy agreement or proposed tenancy agreement—
(a)
make a false and fraudulent misrepresentation as to—
(i) a provision of this Act;
(ii) a term included or to be included in the tenancy agreement; or
(iii) a matter affecting a person's rights or duties under this Act or the tenancy agreement or proposed tenancy agreement;
(b)
by threat or intimidation persuade or attempt to persuade a party to the tenancy agreement or proposed tenancy agreement not to
exercise his rights to take or continue
proceedings under this Act; or(c)
aid, abet, counsel or procure the commission of an offence against this Act.
Penalty: $500.
149. Jurisdiction of Supreme Court
S. 149(1)
| amended by | (1) The Supreme Court has jurisdiction to hear and |
| No. 57/1989 | determine applications made under this section. |
| s. 3(Sch. item 172.8(a)). | |
| S. 149(2) | |
| amended by | (2) A person may make application to the Supreme |
| No. 57/1989 | Court in relation to any matter arising in relation |
| s. 3(Sch. item | |
| 172.8(a)). | to a tenancy agreement of premises situated in Victoria, being an application that, if made to the Tribunal, the Tribunal would be entitled to hear and determine or would, but for section 18 or section 106(4), be entitled to hear and determine. |
62
Rooming Houses Act 1990
Act No. 33/1990 Notes
(3) The Supreme Court has, in hearing and S. 149(3)
amended by
determining an application made to it or him No. 57/1989 under sub-section (2), the same powers as the s. 3 (Sch. item Tribunal would have had if the application had 172.8(a)). been heard and determined by it. S. 149(4)
(4) Nothing in section 18 or section 106(4) limits the power of the Supreme Court to hear and
amended by
No. 57/1989 determine an application under this section. (5) Where a person makes an application to the
s. 3 (Sch. item
172.8(a)). S. 149(5)
amended by
Supreme Court being an application that, if made No. 57/1989
s. 3 (Sch. itemto the Tribunal, the Tribunal would have been 172(8)(a)(b)). entitled to any costs in the proceedings unless the
entitled to hear and determine, the person is not making the application, there were reasonable grounds for believing that the Tribunal would not have been entitled to hear and determine the application.
S. 149(6)
*
*
*
*
*
repealed by No. 57/1989
s. 3 (Sch. item
172.8(c)).
150. Jurisdiction of County Court and Magistrates' Court
S. 150(1)
(1) Subject to section 37 of the County Court Act 1958, the County Court has jurisdiction to hear
amended by
No. 19/1989 s. 16 (Sch.
and determine applications made under this item 47.1). section. S. 150(2)
(2) Subject to the Magistrates' Courts Act 1989, the Magistrates' Court has jurisdiction to hear and
amended by
Nos 16/1986 s. 30, 57/1989
determine applications made under this section. s. 3 (Sch. item 172.9).
63
Rooming Houses Act 1990
| Notes | Act No. 33/1990 |
| S. 150(3) | (3) A person may make application to a court under |
| amended by | |
| No. 19/1989 | this section in relation to any matter arising in |
| s. 16 (Sch. | relation to a tenancy agreement of premises |
| item 47.2). | situated in Victoria, being an application that, if made to the Tribunal, the Tribunal would, but for section 18, have been entitled to hear and determine. |
| S. 150(4) | |
| amended by | (4) The court to which application is made under this |
| No. 19/1989 | section has, in hearing and determining the |
| s. 16(Sch. | |
| item | application the same powers as the Tribunal |
| 47.3(a)(b)). | would have had if the application had been heard and determined by it. |
| S. 150(5) | |
| amended by | (5) Nothing in section 18 limits the power of a court |
| No. 19/1989 | to hear and determine an application under this |
| s. 16(Sch. | |
| item 47.4). | section. |
| S. 150(6) | |
| amended by | (6) Subject to the County Court Act 1958, the judges |
| No. 19/1989 | of the County Court may make rules (including |
| s. 16(Sch. | |
| item 47.5). | rules with respect to costs) for or with respect to applications to, the hearing of applications by, and determinations of, the County Court under this section. |
_______________
64
Rooming Houses Act 1990
Act No. 33/1990 Index
INDEX
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Subject Section –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Access to Room 43 Application to Act 4 Bond definition 3 entitlement to 15 receipts 16 requirement by rooming house owner to be paid 14 Condition Report 14 Compensation Order 41 Compliance Order 41 Definitions bond 3 Director 3 facilities 3 Registrar 3 rent 3 resident 3 room 3 rooming house 3 rooming house owner 3 services 3 Tribunal 3 urgent repairs 3 Director
definition 3 duty to investigate excessive rent 10 investigations by 50 power of delegation 52 written report on rent increase 10 Duties
breach of 40 in relation to goods 21 of resident 18 of rooming house owner 19 Goods
effect of sale of 23 left behind by resident 21 resident's goods not to be taken or disposed of 42
65
Rooming Houses Act 1990
| Index | Act No. 33/1990 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Subject Section –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
sale of 22 Tribunal orders 24 Inspectors 51 Notice breach of duty 40 intention to vacate room 25 prohibition on renting 31 service of 49 termination 26, 27, 28, 29, 30,
32, 33, 34Offences
by rooming house owner after vacation of room by
resident in certain cases 41(10) failure to comply with warrant of possession 38 failure to endorse condition report 14(3) failure to give condition report 14(2) interference with residents' rights 6 non-compliance with determination of Tribunal 47 prohibition on renting after notice 31 receipts 16 resident's goods 42 sale of goods 22, 23 Order
by Tribunal 12 compensation 41 compliance 41 in relation to goods 24 of possession 35, 36, 37 Possession Order
application for by rooming house mortgagee 36 application for by rooming house owner 35 contents of 37 warrants of possession 38 Prohibition of Certain Payments 45 Receipts 16 Regulations 54 Rent application for order that rent is excessive 11 definition 3 excessive 10 in advance 27
66
Rooming Houses Act 1990
Act No. 33/1990 Index
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Subject Section –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
notice of increase 9 payment of increased rent 13 receipts 16 reviews 8 Report
on proposed rent increase 10 Resident
definition 3 duties 18 rights 5 Residential Tenancies Act 1980
amendment 48 application of 48 bonds 14 tenancy agreement 4 Residential Tenancies Fund 53 Rights assignment of 39 offences 6 of possession 25-38 of residency 5 Rooming House Mortgagee
application for possession order by 36 termination notice by 33 Rooming House Owner
access to room by 43 application for possession order 35 definition 3 duties of 19 duties in relation to goods 21-23 Rooming House Rules 44 Separately Metered Rooms 17 Service 49 Termination Notice by rooming house mortgagee 33 damage or danger 26 failure to comply with Tribunal order 28 following sale notice 29 for no cause 32
67
Rooming Houses Act 1990
| Index | Act No. 33/1990 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Subject Section –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
form of 34 non-payment of rent 27 repairs or demolition 30 Tribunal
application to for order that rent is excessive 11 compensation and compliance orders 41 definition 3 determination to be complied with 47 jurisdiction of 46 orders in relation to goods 24 powers 12 Urgent Repairs 20 Warrants of Possession 38 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOTE:
This index does not form part of the Rooming Houses Act 1990 and is provided for convenience of reference only.
68
0
0
0