Residential Tenancies Amendment (Student Accommodation) Regulations 2010

i Residential Tenancies Amendment (Student Accommodation) Regulations 2010 S.R. No. 77/2010 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Principal Regulations 2 4 New regulation 5AB inserted 2 5AB Formal affiliation criteria 2 5 New regulations 26A and 26B inserted 2 26A Form of notice of affiliation 2 26B Manner of endorsement of notice of affiliation 2 6 Amendment to Schedule 1—New Form 19 inserted 3 FORM 19—Notice of Formal Affiliation of Premises with School or Institution Providing Education and Training 3 7 New Schedule 1A inserted 4 SCHEDULE 1A—Criteria to be Considered by School or Institution before Entering Affiliation Agreement 4 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2010 S.R. No. 77/2010 Residential Tenancies Act 1997 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 17 August 2010 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs MATTHEW McBEATH Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Residential Tenancies Regulations 2008— (a) to prescribe criteria to be considered by a school or institution before entering a written agreement with the owner or operator of residential premises providing student accommodation; (b) to prescribe the form of a notice to be displayed by an owner or operator of residential premises formally affiliated with a school or institution; and (c) to prescribe the manner of endorsement of a notice referred to in paragraph (b). -- 2 of 8 -- S.R. No. 77/2010 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 2 2 Authorising provision These Regulations are made under section 511 of the Residential Tenancies Act 1997. 3 Principal Regulations In these Regulations, the Residential Tenancies Regulations 2008 1 are called the Principal Regulations. 4 New regulation 5AB inserted After regulation 5A of the Principal Regulations insert— "5AB Formal affiliation criteria For the purposes of section 21(3) of the Act, the prescribed criteria that a school or institution must consider before entering a written agreement referred to in section 21(2) of the Act are listed in Schedule 1A.". 5 New regulations 26A and 26B inserted After regulation 26 of the Principal Regulations insert— "26A Form of notice of affiliation For the purposes of section 505B of the Act, the prescribed form of notice is Form 19 in Schedule 1. 26B Manner of endorsement of notice of affiliation For the purposes of section 505B(a) of the Act, the prescribed manner of endorsement of the notice by a school or institution (as the case may be) is that the seal or other official endorsement of the school or institution, which is approved by the school council or governing body of the school or institution, is affixed to the notice.". r. 2 -- 3 of 8 -- S.R. No. 77/2010 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 3 6 Amendment to Schedule 1—New Form 19 inserted After Form 18 in Schedule 1 to the Principal Regulations insert— "FORM 19 Residential Tenancies Act 1997 (Section 505B) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 26A) NOTICE OF FORMAL AFFILIATION OF PREMISES WITH SCHOOL OR INSTITUTION PROVIDING EDUCATION AND TRAINING TAKE NOTICE THAT under section 21(1) of the Residential Tenancies Act 1997 the residential premises at (insert address of premises) are formally affiliated with (insert name of school or institution). AND FURTHER TAKE NOTICE THAT the provisions of the Residential Tenancies Act 1997 do not apply to a tenancy agreement or room in respect of the residential premises. …………………………………..(*School council/governing body of *school/institution) …………………………………..(Date) * Delete whichever is not applicable __________________". r. 6 -- 4 of 8 -- S.R. No. 77/2010 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 4 7 New Schedule 1A inserted After Schedule 1 to the Principal Regulations insert— "SCHEDULE 1A Regulation 5AB CRITERIA TO BE CONSIDERED BY SCHOOL OR INSTITUTION BEFORE ENTERING AFFILIATION AGREEMENT The prescribed criteria are— 1. Whether or not the owner or operator of the residential premises intends to provide any of the following services to persons accommodated in the premises— (a) a tutorial system for residents to complement the teaching of the school or institution; (b) pastoral care, chaplains, mentors, or counsellors; (c) meals; (d) opportunities for a range of social and cultural events and activities that students or staff may attend or participate in. 2. Whether prospective persons to be accommodated in the residential premises are primarily— (a) persons enrolled at the school or institution; or (b) members of staff of the school or institution. 3. Whether the owner or operator of the residential premises intends to provide residents with a written statement, before they sign an agreement for accommodation in the premises, outlining the facilities and the services that are included in the amount to be paid to the owner or operator for accommodation. r. 7 -- 5 of 8 -- S.R. No. 77/2010 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 5 4. Whether the owner or operator of the residential premises intends to have available in written form and for inspection on the premises to residents at no charge, the current terms and conditions for occupancy relating, but not limited, to the following matters— (a) the amount paid by residents for accommodation including facilities and services; (b) increases in amounts paid for accommodation; (c) the payments of any bonds or deposits relating to accommodation; (d) repairs to the premises; (e) termination of the agreement for accommodation. 5. Whether the owner or operator of the residential premises intends to have a written agreement for accommodation with every resident on the premises, which includes the terms and conditions of occupancy. 6. Whether, on signing an agreement for accommodation, the owner or operator of the residential premises intends to provide every resident with a package of written information containing— (a) the terms and conditions for occupancy including house rules; and (b) general first aid information and any emergency evacuation plan; and (c) any dispute resolution options and procedures; and (d) information about any compliance monitoring system that reflects the criteria in this Schedule, including any website where results of compliance are published. 7. In the case of a dispute between a resident and the owner or operator of the residential premises, whether the owner or operator of the residential premises— r. 7 -- 6 of 8 -- S.R. No. 77/2010 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 6 (a) has a system for responding to complaints by residents that is timely, treats residents with respect and ensures that residents have an opportunity to be heard in relation to a dispute; and (b) intends to refer a dispute that cannot be resolved to an external dispute resolution service. 8. Whether the owner or operator of the residential premises has an emergency evacuation plan for the premises and has displayed the plan on the back of every door and in all common areas in the premises. 9. Whether the owner or operator of the residential premises has a compliance monitoring system in place that reflects the criteria in this Schedule." __________________". ═══════════════ r. 7 -- 7 of 8 -- S.R. No. 77/2010 Residential Tenancies Amendment (Student Accommodation) Regulations 2010 7 ENDNOTES 1 Reg. 3: S.R. No. 55/2008 as amended by S.R. No. 12/2009. Endnotes -- 8 of 8 --