Untitled document

Residential Tenancies Amendment Regulations 2011

S.R. No. 83/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Prescribed amounts relating to urgent repairs by tenants and residents

7APrescribed amount—urgent repairs by tenant

7BPrescribed amount—application by tenant to Tribunal for urgent repairs

7CPrescribed amount—urgent repairs by resident

7DPrescribed amount—application by resident to Tribunal for urgent repairs

6Prescribed amounts relating to urgent repairs to caravans

8APrescribed amount—urgent repairs to caravans

8BPrescribed amount—application to the Tribunal for urgent repairs to caravans

7Form of notice of cooling off period under section 206I(2)—site tenants

8CForm of notice of cooling off period under section 206I(2)—site tenants

8Form of notice to vacate under section 319(a)—site tenants

11AForm of notice to vacate under section 319(a)—site tenants

9Form of notice of rent increase under section 206V(1)—site tenants

22AForm of notice of rent increase under section 206V(1)—site tenants

10Insertion in Schedule 1 of form of notice of cooling off period for site tenants

Form 2A—Important Notice to Site Tenants

11Insertion in Schedule 1 of form of notice to vacate for site
tenants

Form 7A—Notice to Vacate to Site Tenant

12Insertion in Schedule 1 of form of notice of rent increase for site tenants

Form 18A—Notice of Rent Increase to Site Tenant

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 83/2011

Residential Tenancies Act 1997

Residential Tenancies Amendment Regulations 2011

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 16 August 2011

Responsible Minister:

MICHAEL O'BRIEN
Minister for Consumer Affairs

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Residential Tenancies Regulations 2008 to prescribe certain forms for site tenants and to prescribe amounts for urgent repairs for the purposes of the Residential Tenancies Act 1997.

2Authorising provision

These Regulations are made under section 511 of the Residential Tenancies Act 1997.

3Commencement

These Regulations come into operation on 1 September 2011.

4Principal Regulations

In these Regulations, the Residential Tenancies Regulations 2008[1] are called the Principal Regulations.

5Prescribed amounts relating to urgent repairs by tenants and residents

After regulation 7 of the Principal Regulations insert—

7APrescribed amount—urgent repairs by tenant"

For the purposes of section 72(2)(b) of the Act, the prescribed amount is $1800.

7BPrescribed 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.

7CPrescribed amount—urgent repairs by resident

For the purposes of section 129(2)(b) of the Act, the prescribed amount is $1800.

7DPrescribed 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.".

6Prescribed amounts relating to urgent repairs to caravans

After regulation 8 of the Principal Regulations insert—

8APrescribed amount—urgent repairs to caravans"

For the purposes of section 188(2)(b) of the Act, the prescribed amount is $1800.

8BPrescribed 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.".

7Form of notice of cooling off period under section 206I(2)—site tenants

Before regulation 9 of the Principal Regulations insert—

8CForm of notice of cooling off period under section 206I(2)—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 2A in Schedule 1.".

8Form of notice to vacate under section 319(a)—site tenants

After regulation 11 of the Principal Regulations insert—

11AForm of notice to vacate under section 319(a)—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 7A in Schedule 1.".

9Form of notice of rent increase under section 206V(1)—site tenants

After regulation 22 of the Principal Regulations insert—

22AForm of notice of rent increase under section 206V(1)—site tenants"

For the purposes of section 206V(1) of the Act, the prescribed form of notice of a rent increase for a site tenant is Form 18A in Schedule 1.".

10Insertion in Schedule 1 of form of notice of cooling off period for site tenants

After Form 2 in Schedule 1 to the Principal Regulations insert—

FORM 2"A

Residential Tenancies Act 1997

(Section 206I(2))

RESIDENTIAL TENANCIES REGULATIONS 2008

(Regulation 8C)

IMPORTANT NOTICE TO SITE TENANTS

Cooling off period  Section 206J

Residential Tenancies Act 1997

You may end this site agreement within 5 business days of the day that you sign the site agreement.

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 to end this site agreement within this time in accordance with this cooling-off provision.

You are entitled to a refund of all the money you paid EXCEPT for $100 if you end the site agreement in this way.

__________________".

11Insertion in Schedule 1 of form of notice to vacate for site tenants

After Form 7 in Schedule 1 to the Principal Regulations insert—

FORM" 7A

Residential Tenancies Act 1997

(Section 319(a))

RESIDENTIAL TENANCIES REGULATIONS 2008

(Regulation 11A)

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 (if same as address in 2, write "as above")

4.    I am giving you this notice as

o     the site owner

o     the mortgagee of a Part 4A park

o     the land owner, who is not the site owner

(mark one only)

5.    Name of site owner/mortgagee of Part 4A park/land owner

6.    Site owner's or mortgagee's or land owner's address for serving documents (can be an agent's)

7.    Contact telephone numbers

8.    The Residential Tenancies Act 1997 requires me to give you at least…… days notice to vacate (insert the number of days notice that is required under that Act) and I require you to vacate on or before ………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

o     By hand

o     By registered post

On this date

11.    Signature of site owner, mortgagee of Part 4A park, land owner or agent

12.    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.

__________________".

12Insertion in Schedule 1 of form of notice of rent increase for site tenants

After Form 18 in Schedule 1 to the Principal Regulations insert—

FORM 18"A

Residential Tenancies Act 1997

(Section 206V(1))

RESIDENTIAL TENANCIES REGULATIONS 2008

(Regulation 22A)

NOTICE OF 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 (can be the agent's address)

6.    Contact telephone numbers (of site owner or agent)

7.    This notice is delivered to the site tenant

     by hand

     by registered post

     by ordinary post

(mark one only)

On this date

8.    I am giving you at least 60 days notice that I propose to increase the rent.

The current rent is $................

The new rent is $................ (new rent amount) and will commence on ........./........./......... (start date)

9.Signature of site owner or agent

10.Name of site owner or agent signing the notice (include the name of the estate agency, where applicable)

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 site.

12.The site owner cannot increase your rent more often 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.

__________________".

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ENDNOTES

[1] Reg. 4: S.R. No. 55/2008 as amended by S.R. Nos 12/2009 and 77/2010.