Residential Tenancies Miscellaneous Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Residential Tenancies Miscellaneous Amendment Regulations 2011 S.R. No. 129/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 New Form 12 substituted 2 Form 12—Notice to leave to resident of managed premises or resident's visitor 2 6 New Form 15 substituted 4 Form 15—Notice of public auction 4 7 Amendment to Schedule 1A 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 129/2011 Residential Tenancies Act 1997 Residential Tenancies Miscellaneous Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 22 November 2011 Responsible Minister: MICHAEL O'BRIEN Minister for Consumer Affairs MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Residential Tenancies Regulations 2008 to amend certain forms for site owners for the purposes of the Residential Tenancies Act 1997 and to make other miscellaneous amendments. 2 Authorising provision These Regulations are made under section 511 of the Residential Tenancies Act 1997. 3 Commencement These Regulations come into operation on 1 December 2011. -- 2 of 7 -- S.R. No. 129/2011 Residential Tenancies Miscellaneous Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Residential Tenancies Regulations 2008 1 are called the Principal Regulations. 5 New Form 12 substituted For Form 12 in Schedule 1 to the Principal Regulations substitute— "FORM 12 Residential Tenancies Act 1997 (Section 368(3)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 16) NOTICE TO LEAVE TO RESIDENT OF MANAGED PREMISES OR RESIDENT'S VISITOR 1. This notice is given to (insert name of resident or name of resident's visitor as appropriate) 2. Whose address is (insert address if known) 3. Regarding managed premises at (if answer is the same as 2, write "as above") 4. Name of manager (insert name of manager) 5. I, as manager of the managed premises referred to in 3, give you notice to leave those managed premises immediately because I have reasonable grounds to believe that— * you have committed a serious act of violence on these premises. OR * the safety of a person on the premises is in danger from you. (*Delete whichever does not apply) 6. By the end of the next business day after I have given you this notice to leave, I will notify the Registrar of the Tribunal. r. 4 -- 3 of 7 -- S.R. No. 129/2011 Residential Tenancies Miscellaneous Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 7. Signature of manager 8. Date of notice (insert date) TO THE RESIDENT/VISITOR 1. It is an offence under the Act to remain on the managed premises after receiving this Notice to Leave. 2. If you are a RESIDENT— (a) your tenancy agreement, residency right or site agreement is now SUSPENDED until— (i) the end of 2 business days from the date of this notice; OR (ii) if your landlord, rooming house owner, caravan park owner or site owner applies to the Tribunal before the end of 2 business days after the suspension for an order to terminate your tenancy agreement, residency right or site agreement—the Tribunal decides that application; and (b) it is an offence to enter the managed premises while a suspension is in force; and (c) despite your tenancy agreement, residency right, or site agreement being suspended, you are still required to pay rent (and hiring charge, in the case of a caravan) during the suspension period unless the Tribunal makes an order under section 376(1)(b) of the Residential Tenancies Act 1997 that the suspension cease and you are allowed to resume occupation. 3. This notice can only be given to residents or visitors of those residents of managed premises. See Part 8 of the Residential Tenancies Act 1997 which defines these terms. A resident is a resident of a rooming house or caravan park, or a site tenant. It also includes a tenant who has rented premises in a managed high density building. This means a building which has 2 or more rented premises and which has an on-site manager. 4. Resident please note: If you receive a notice to leave, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. Time limits may apply. r. 5 -- 4 of 7 -- S.R. No. 129/2011 Residential Tenancies Miscellaneous Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel TO THE MANAGER 1. This notice cannot be given if a notice to vacate has been given under sections 244, 279, 303 or 317Y of the Residential Tenancies Act 1997 in respect of the same act or omission. 2. This notice must be given as soon as it is possible for the manager to safely do so after the serious act of violence has occurred or the safety of a person has been endangered. 3. It is an offence to give a resident or resident's visitor notice to leave without having reasonable grounds to believe that the resident or visitor has committed a serious act of violence on the premises or the safety of any person on the premises has been endangered. __________________". 6 New Form 15 substituted For Form 15 in Schedule 1 to the Principal Regulations substitute— 'FORM 15 Residential Tenancies Act 1997 (Section 392) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 19) NOTICE OF PUBLIC AUCTION The goods described below: (insert description of goods) which were left by (insert name of former tenant, former resident or former site tenant) on *rented premises/in the rooming house/in a caravan/in the caravan park/on the Part 4A site at (insert address) will be disposed of by public auction ** at *a.m./p.m. on at (insert place) Name and address of owner of premises *Delete whichever is inapplicable. **Delete reference to time, date and place of auction if not known to owner of premises at the time of giving this notice. r. 6 -- 5 of 7 -- S.R. No. 129/2011 Residential Tenancies Miscellaneous Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel NOTE: Owner of premises means the former landlord, rooming house owner, caravan park owner, caravan park mortgagee, caravan owner, caravan mortgagee or site owner, as the case requires. __________________'. 7 Amendment to Schedule 1A In clause 9 of Schedule 1A, for 'Schedule."' substitute "Schedule.". ═══════════════ r. 7 -- 6 of 7 -- S.R. No. 129/2011 Residential Tenancies Miscellaneous Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 55/2008 as amended by S.R. Nos 12/2009, 77/2010 and 83/2011. Endnotes -- 7 of 7 --