Residential Tenancies (Amendment) Regulations 2003

i Residential Tenancies (Amendment) Regulations 2003 S.R. No. 59/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. New Regulation 8A inserted 2 8A. Form of composite notice to vacate to tenant of rented premises for 2 or more reasons 2 6. New Regulation 9A inserted 2 9A. Form of composite notice to vacate to resident of a rooming house for 2 reasons 2 7. Regulation 16 and Form 11 revoked 2 8. New Regulations 19A, 19B and 19C inserted 2 19A. Form of notice of rent increase to a tenant of rented premises 3 19B. Form of notice of rent increase to a resident of a rooming house 3 19C. Form of notice of rent increase or hiring charge increase to a resident of a caravan park 3 9. Amendment to Form 1 of the Schedule 3 10. Amendment to Form 3 in the Schedule 4 11. New Form 3A inserted 5 FORM 3A—Composite Notice to Vacate to Tenant of Rented Premises for 2 or more Reasons 5 12. Amendment to Form 4 in the Schedule 6 13. New Form 4A inserted 7 FORM 4A—Composite Notice to Vacate to Resident of a Rooming House for 2 Reasons 7 14. Amendment to Form 5 in the Schedule 8 -- 1 of 18 -- Regulation Page ii 15. Amendment to Form 10 in the Schedule 9 16. New Forms 15, 16 and 17 inserted 10 FORM 15—Notice of Rent Increase to Tenant of Rented Premises 10 FORM 16—Notice of Rent Increase to Resident of a Rooming House 12 FORM 17—Notice of Rent Increase or Hiring Charge Increase to Resident of a Caravan Park 14 ═══════════════ ENDNOTES 16 -- 2 of 18 -- 1 STATUTORY RULES 2003 S.R. No. 59/2003 Residential Tenancies Act 1997 Residential Tenancies (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 11 June 2003 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Residential Tenancies Regulations 1998— (a) to prescribe forms of notice of rent increase and hiring charge increase; and (b) to make other amendments as a consequence of the amendments to the Residential Tenancies Act 1997 by the Residential Tenancies (Amendment) Act 2002. 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 July 2003. -- 3 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 2 4. Principal Regulations In these Regulations, the Residential Tenancies Regulations 1998 1 are called the Principal Regulations. 5. New regulation 8A inserted After regulation 8 of the Principal Regulations insert— "8A. Form of composite notice to vacate to tenant of rented premises for 2 or more reasons For the purposes of section 319A of the Act, the prescribed form of composite notice to vacate to a tenant of rented premises for 2 or more reasons is Form 3A in the Schedule.". 6. New regulation 9A inserted After regulation 9 of the Principal Regulations insert— "9A. Form of composite notice to vacate to resident of a rooming house for 2 reasons For the purposes of section 319A of the Act, the prescribed form of composite notice to vacate to a resident of a rooming house for 2 reasons is Form 4A in the Schedule.". 7. Regulation 16 and Form 11 revoked Regulation 16 of the Principal Regulations and Form 11 in the Schedule to the Principal Regulations are revoked. 8. New regulations 19A, 19B and 19C inserted After regulation 19 of the Principal Regulations insert— r. 4 -- 4 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 3 "19A. Form of notice of rent increase to a tenant of rented premises For the purposes of section 44(1) of the Act, the prescribed form of notice of a proposed rent increase is Form 15 in the Schedule. 19B. Form of notice of rent increase to a resident of a rooming house For the purposes of section 101(1) of the Act, the prescribed form of notice of a proposed rent increase is Form 16 in the Schedule. 19C. Form of notice of rent increase or hiring charge increase to a resident of a caravan park For the purposes of section 152(1) and (2) of the Act, the prescribed form of notice of a proposed rent increase or hiring charge increase is Form 17 in the Schedule.". 9. Amendment to Form 1 in the Schedule In Form 1 in the Schedule to the Principal Regulations— (a) for "and business address)" substitute ", business address and telephone number)"; (b) for item 2 substitute— "2. RENT The rent amount is ……… The date the first rent payment is due is…….. Pay period weekly fortnightly monthly (insert the date of each month when the rent is due) Place of payment."; (c) in item 3, for "before the end of five" substitute "within 10"; r. 9 -- 5 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 4 (d) in item 3, after "NAME AMOUNT" insert— "If the tenant does not receive a bond receipt from the Residential Tenancies Bond Authority within 15 business days of paying a bond, the tenant should contact the Residential Tenancies Bond Authority."; (e) in item 5, for "The LANDLORD must ensure that the premises are maintained in good repair." substitute— "The LANDLORD must— (a) ensure that the premises are maintained in good repair; and (b) if the landlord owns or controls the common areas relating to those premises, take reasonable steps to ensure that the common areas are maintained in good repair.". 10. Amendment to Form 3 in the Schedule In Form 3 in the Schedule to the Principal Regulations— (a) for "Your address is" substitute "Tenant's address"; (b) for item 8 substitute— "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"; (c) in item 9, for "(Insert the reason for the notice to vacate, if a reason is required by the Act)" substitute '(Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. If the notice is given under section 263 of the Act, insert that section number and the words "no reason is required".)'; r. 10 -- 6 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 5 (d) in item 11, after "Signature" insert "of landlord, owner, mortgagee or agent"; (e) in item 12, for "Name of agent (if an agent is serving the notice)" substitute "Name of landlord, owner, mortgagee or agent signing the notice (include the name of the estate agency, where applicable)". 11. New Form 3A inserted After Form 3 in the Schedule to the Principal Regulations insert— 'FORM 3A Residential Tenancies Act 1997 (Section 319A) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 8A) COMPOSITE NOTICE TO VACATE TO TENANT OF RENTED PREMISES FOR 2 OR MORE REASONS 1. This notice is given to (insert tenant/s name) 2. Regarding the rented premises at (insert address of rented premises) 3. Tenant's address (if same as address in 2, write "as above") 4. I am giving you this notice as the landlord the owner the mortgagee (mark one only) 5. Landlord's/owner's/mortgagee's name 6. Landlord's or owner's or mortgagee's address for serving documents (can be an agent's address) r. 11 -- 7 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 6 7. Contact telephone numbers for landlord/owner/mortgagee (can be an agent's telephone number) 8. The Residential Tenancies Act 1997 requires me to give you at least 60 days notice to vacate. I require you to vacate on or before..........................TERMINATION DATE. 9. Reasons for notice to vacate (insert the 2 or more reasons and the section numbers of the Residential Tenancies Act 1997 for the composite notice to vacate). 10. This notice is given By hand By registered post On this date 11. Signature of the landlord, owner, mortgagee or agent 12. Name of landlord/owner/mortgagee or agent signing the notice (include the name of the estate agency where applicable) 13. Tenant please note: if you receive a composite notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.'. 12. Amendment to Form 4 in the Schedule In Form 4 in the Schedule to the Principal Regulations— (a) for "Your address is" substitute "Resident's address"; (b) for item 8 substitute— "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"; r. 12 -- 8 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 7 (c) in item 9, for "(Insert the reason for the notice to vacate, if a reason is required by the Act)" substitute '(Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. If the notice is given under section 288 of the Act, insert that section number and the words "no reason is required".)'; (d) in item 11, after "Signature" insert "of owner, mortgagee or agent"; (e) for item 12 substitute— "12. Name of owner, mortgagee or agent signing the notice". 13. New Form 4A inserted After Form 4 in the Schedule to the Principal Regulations insert— 'FORM 4A Residential Tenancies Act 1997 (Section 319A) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 9A) COMPOSITE NOTICE TO VACATE TO RESIDENT OF A ROOMING HOUSE FOR 2 REASONS 1. This notice is given to (insert resident/s name) 2. Regarding the rooming house at (include room number) 3. Resident's address (if same as address in 2, write "as above") 4. I am giving you this notice as the rooming house owner the mortgagee of the rooming house 5. Rooming house owner's/mortgagee's name r. 13 -- 9 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 8 6. Rooming house owner's/mortgagee's address for serving documents (can be an agent's address) 7. Rooming house owner's/mortgagee's contact telephone numbers (can be an agent's telephone number) 8. The Residential Tenancies Act 1997 requires me to give you at least 60 days notice to vacate. I require you to vacate on or before...............................TERMINATION DATE. 9. Reasons for notice to vacate (Insert the reasons and section numbers of the Residential Tenancies Act 1997 for the composite notice to vacate). 10. This notice is given By hand By registered post On this date 11. Signature of owner, mortgagee or agent 12. Name of owner, mortgagee or agent signing the notice 13. Resident please note: if you receive a composite notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given.'. 14. Amendment to Form 5 in the Schedule In Form 5 in the Schedule to the Principal Regulations— (a) for "Your address is" substitute "Resident's address"; (b) for item 8 substitute— "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"; r. 14 -- 10 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 9 (c) in item 9, for "(Insert the reason for the notice to vacate, if a reason is required by the Act)" substitute '(Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. If the notice to vacate is given under section 314 of the Act, insert that section number and the words "no reason is required".)'; (d) in item 11, after "Signature" insert "of owner, mortgagee or agent"; (e) for item 12 substitute— "12. Name of owner, mortgagee or agent signing the notice". 15. Amendment to Form 10 in the Schedule In Form 10 in the Schedule to the Principal Regulations— (a) in item 5, for "reasonably believe" substitute "have reasonable grounds to believe that"; (b) in item 2(c) of the paragraph headed "TO THE RESIDENT/VISITOR" after "suspension period" insert "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."; (c) after item 3 of the paragraph headed "TO THE RESIDENT/VISITOR" insert— "TO THE MANAGER 1. This notice cannot be given if a notice to vacate has been given under section 244, section 279 or section 303 of the Residential Tenancies Act 1997 in respect of the same act or omission. r. 15 -- 11 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 10 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.". 16. New Forms 15, 16 and 17 inserted After Form 14 in the Schedule to the Principal Regulations insert— 'FORM 15 Residential Tenancies Act 1997 (Section 44) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 19A) NOTICE OF RENT INCREASE TO TENANT OF RENTED PREMISES 1. This notice is given to (insert name/s of tenant/s) 2. Regarding the rented premises at (write address) 3. Tenant/s address (if the same as address in 2, write "as above") 4. Name of landlord (of the rented premises) (insert name of landlord—cannot be the agent's name) 5. Address of landlord (of the rented premises) for the purpose of serving documents (can be the agent's address) 6. Contact telephone numbers (of landlord or agent) BH AH r. 16 -- 12 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 11 7. This notice is given 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 landlord or agent 10. Name of landlord 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 45 of the Residential Tenancies Act 1997. 12. The landlord cannot increase your rent more often than once every 6 months. 13. If you want help with this notice you can contact Consumer Affairs Victoria. __________________ r. 16 -- 13 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 12 FORM 16 Residential Tenancies Act 1997 (Section 101) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 19B) NOTICE OF RENT INCREASE TO RESIDENT OF A ROOMING HOUSE 1. This notice is given to (insert name/s of resident/s) 2. Regarding the rooming house at (write address and include room no. in the rooming house) 3. Resident's address (if the same as address in 2, write "as above") 4. Name of the owner (of the rooming house) (insert name of owner—cannot be the agent's name) 5. Address of owner (of the rooming house) for the purpose of serving documents (can be the agent's address) 6. Contact telephone numbers (of owner or agent) 7. This notice is given 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 owner or agent 10. Name of owner or agent signing the notice r. 16 -- 14 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 13 11. If you consider this proposed rent increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent, under section 102 of the Residential Tenancies Act 1997. 12. The rooming house owner cannot increase your rent more often than once every 6 months. 13. If you want help with this notice you can contact Consumer Affairs Victoria. __________________ r. 16 -- 15 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 14 FORM 17 Residential Tenancies Act 1997 (Section 152) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 19C) NOTICE OF RENT INCREASE OR HIRING CHARGE INCREASE TO RESIDENT OF A CARAVAN PARK 1. This notice is given to (insert name/s of resident/s) 2. Regarding the caravan at (write address and include site no.) 3. Resident's address (if the same as address in 2, write "as above") 4. Name of caravan owner/caravan park owner (insert name of caravan owner or caravan park owner who is giving this notice—cannot be the agent's name) 5. Address of owner of the caravan/owner of the caravan park for the purpose of serving documents (can be the agent's address) 6. Contact telephone numbers (of caravan owner/caravan park owner or agent) 7. This notice is given 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) r. 16 -- 16 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 15 9. I am giving you at least 60 days notice that I propose to increase the hiring charge. The current hiring charge is $................ The new hiring charge is $................(new hiring charge amount) and will commence on ........./........./.........(start date) 10. Signature of owner or agent 11. Name of owner or agent signing the notice 12. If you consider this proposed rent or hiring charge increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent or hiring charge, under section 153 of the Residential Tenancies Act 1997. 13. The caravan park owner cannot increase your rent more often than once every 6 months. 14. The caravan owner cannot increase your hiring charge more often than once every 6 months. 15. If you want help with this notice you can contact Consumer Affairs Victoria.'. ═══════════════ r. 16 -- 17 of 18 -- S.R. No. 59/2003 Residential Tenancies (Amendment) Regulations 2003 16 ENDNOTES 1 Reg. 4: S.R. No. 76/1998. Endnotes -- 18 of 18 --