Residential Tenancies (Amendment) Act 2002

i Residential Tenancies (Amendment) Act 2002 Act No. 45/2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Principal Act 2 PART 2—AMENDMENTS RELATING TO THE APPLICATION OF THE PRINCIPAL ACT 3 4. Definition inserted 3 5. Fixed term tenancy agreement for rooming houses repealed 3 6. Self-contained apartments 3 7. Minister may declare building to be a rooming house 3 8. Hotels and motels 4 9. Exemption of educational institutions 4 10. Section 22 substituted 5 22. Temporary crisis accommodation 5 PART 3—AMENDMENTS RELATING TO TENANCY AGREEMENTS OF RENTED PREMISES 6 11. Record of rent payment 6 12. How much notice of rent increase is required? 7 13. What can the Tribunal order? 7 14. Certain charges prohibited 7 15. Amendment of references to supply authority 8 16. Landlord's duty to maintain common areas 8 17. Application to Tribunal for non-urgent repairs 8 18. Grounds for entry of rented premises 8 19. New section 91A inserted 8 91A. Offence relating to entering rented premises 8 20. Section 228 substituted 9 228. Termination after death of sole tenant 9 21. Application to Tribunal for creation of tenancy agreement 10 22. Notices to vacate and notices to leave under section 368 10 23. Landlord's principal place of residence (fixed term tenancy) 10 24. Conditional contracts of sale 11 -- 1 of 55 -- Section Page ii 25. New section 262A inserted 12 262A. Tenant in transitional housing refuses alternative accommodation 12 26. Extension of periods for notices to vacate—no reason 13 PART 4—AMENDMENTS RELATING TO ROOMING HOUSES 14 27. Definitions amended 14 28. Power to enter into tenancy agreements 14 29. New section 94A inserted 14 94A. Harsh and unconscionable terms 14 30. Payment of bond 15 31. Condition report 15 32. Record of rent payment 15 33. How much notice of rent increase is required? 16 34. What can the Tribunal order? 16 35. Rent must be reduced if services are reduced 17 36. Amendment of reference to supply authority 17 37. New section 109A inserted 17 109A. Director of Housing may impose service charge on resident 17 38. Application to Tribunal for non-urgent repairs 18 39. New section 142A inserted 18 142A. Offence relating to entering room occupied by resident 18 40. Notices to vacate and notices to leave under section 368 19 41. Conditional contracts of sale 19 42. New section 287A inserted 20 287A. Resident in transitional housing refuses alternative accommodation 20 43. Extension of periods for notices to vacate—no reason 21 PART 5—AMENDMENTS RELATING TO CARAVAN PARKS AND CARAVANS 22 44. New section 144A inserted 22 144A. Harsh and unconscionable terms 22 45. Payment of bond 22 46. Condition report 22 47. Record of rent or hiring charge payment 23 48. How much notice is required of rent or hiring charge increase? 24 49. What can the Tribunal order? 24 50. Rent must be reduced if services are reduced 25 51. Amendment of references to supply authority 25 52. Application to Tribunal for non-urgent repairs 25 53. New section 206A inserted 25 206A. Offence relating to entering a site or caravan occupied by a resident 25 -- 2 of 55 -- Section Page iii 54. Abandonment of site or caravan 26 55. Notices to vacate and notices to leave under section 368 26 56. Conditional contracts of sale 26 57. Extension of periods for notices to vacate—no reason 28 58. Certain penalties prohibited 28 PART 6—AMENDMENTS RELATING TO TERMINATION 29 59. Reduced period of notice of intention to vacate in certain circumstances 29 60. Rent payable on termination without notice 29 61. Section 298 substituted 29 298. Rent or hiring charge payable on termination without notice 29 62. Reasons for notice to vacate 30 63. New section 319A inserted 30 319A. Composite notices to vacate 30 64. New Division 5 of Part 6 inserted 31 Division 5—Can a Notice to Vacate be Challenged? 31 321A. Application of Division 31 321B. Tenant or resident may apply to Tribunal 31 321C. What can the Tribunal order? 31 65. New section 327 inserted 32 327. Applications where composite notice to vacate is given 32 66. What happens if personal documents are left behind by a tenant or resident? 32 67. Disposal of personal documents 32 Disposal of personal documents after 90 days". 32 68. Disposal of certain goods left behind 33 69. Entitlement to dispose of stored goods 33 PART 7—AMENDMENTS RELATING TO THE RESIDENTIAL TENANCIES BOND AUTHORITY 35 70. Offences relating to lodgement of bonds 35 71. Late lodgement of bond 35 72. New section 410A inserted 35 410A. Payment of bond by cheque or money order 35 73. Forms to be approved by Director of Consumer and Business Affairs 36 74. Time for applications under section 414 36 75. Certain bond applications to be made within 10 business days 36 76. Compensation for bond claimed fraudulently 36 -- 3 of 55 -- Section Page iv PART 8—AMENDMENTS RELATING TO THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 37 77. New section 209A inserted 37 209A. Tribunal must hear application urgently 37 78. Rent arrears and possession orders 37 79. New sections 213A and 213B inserted 37 213A. Application for payment of rent arrears or hiring charge arrears from bond 37 213B. Application by landlord to Tribunal for loss or damage 38 80. Extension of period for hearing applications for abandonment 39 81. Possession order to be made within 7 days of hearing 39 82. Order to be dismissed or adjourned in certain circumstances 39 83. Limits of jurisdiction of Tribunal 40 84. Review of determinations 40 85. New section 480 inserted 41 480. Offence to fail to comply with determination of Tribunal 41 PART 9—MISCELLANEOUS AMENDMENTS AND TRANSITIONAL PROVISIONS 42 86. Amendment of references to supply authority 42 87. Duty provisions—required times 42 88. Contents of breach of duty notice 43 89. Successive breach notice applies whether or not breach remedied 43 90. Warrant of possession 44 91. Notice to leave for serious acts of violence 44 92. New section 368A inserted 44 368A. Offence to give notice to leave or purported notice to leave without reasonable grounds 44 93. Payment of rent during suspension 45 94. Compensation to resident for reasonable expenses 45 95. New section 377A inserted 46 377A. Notice to leave prohibited if notice to vacate under section 244, 279 or 303 already given 46 96. References to Registrar substituted 46 97. Confidentiality 46 98. Electronic service of documents 46 99. New section 508A inserted 47 508A. Extended period to prosecute certain offences 47 100. New Division 3 inserted into Schedule 1 to Principal Act 47 -- 4 of 55 -- Section Page v PART 10—AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 49 101. New clause 77A inserted into Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 49 77A. Failure to comply with determinations 49 102. New rule making power inserted into Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 49 ═══════════════ ENDNOTES 50 -- 5 of 55 -- 1 Residential Tenancies (Amendment) Act 2002 † [Assented to 22 October 2002] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to make various amendments to the Residential Tenancies Act 1997. Victoria No. 45 of 2002 -- 6 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation on or before 1 July 2004, it comes into operation on that day. 3. Principal Act In this Act, the Residential Tenancies Act 1997 is called the Principal Act. __________________ s. 2 See: Act No. 109/1997. Reprint No. 2 as at 13 January 2000 and amending Act Nos 28/2000, 35/2000, 74/2000, 11/2001, 27/2001 and 11/2002. LawToday: www.dms. dpc.vic. gov.au -- 7 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 3 PART 2—AMENDMENTS RELATING TO THE APPLICATION OF THE PRINCIPAL ACT 4. Definition inserted In section 3(1) of the Principal Act, insert the following definition— ' "temporary crisis accommodation" means accommodation provided on a non-profit basis for a period of less than 14 days;'. 5. Fixed term tenancy agreement for rooming houses repealed Section 16 of the Principal Act is repealed. 6. Self-contained apartments (1) In section 18(1) of the Principal Act, for "sub- section (2)" substitute "sub-sections (2) and (3)". (2) In section 18 of the Principal Act, after sub- section (2) insert— "(3) This Act applies to a self-contained apartment in a building declared to be a rooming house by the Minister under section 19(3) as if the self-contained apartment were a room in that rooming house.". 7. Minister may declare building to be a rooming house In section 19 of the Principal Act, after sub- section (2) insert— "(3) The Minister, at the request of the Director of Housing, may declare a building owned or leased by the Director of Housing and containing one or more self-contained apartments to be a rooming house for the purposes of this Act. s. 4 -- 8 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 4 (4) A declaration under sub-section (3) must be made by notice published in the Government Gazette.". 8. Hotels and motels In section 20(3) of the Principal Act, for "section 16" substitute "section 94(1)". 9. Exemption of educational institutions (1) In section 21 of the Principal Act, for paragraph (b) substitute— "(b) any residential premises ancillary to a school or an institution which provides education and training if those premises— (i) are owned or leased by the school or the institution or formally affiliated with the school or institution; and (ii) are used to accommodate students or staff using the premises referred to in paragraph (a).". (2) At the end of section 21 of the Principal Act, insert— "(2) For the purposes of this section, residential premises are formally affiliated with a school or an institution which provides education and training if a written agreement exists between the school or the institution and the owner or operator of the premises to provide accommodation primarily for students enrolled at the school or the institution or staff employed by the school or the institution.". s. 8 -- 9 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 5 10. Section 22 substituted For section 22 of the Principal Act substitute— "22. Temporary crisis accommodation This Act does not apply to a tenancy agreement or room if the rented premises or room are provided as temporary crisis accommodation.". __________________ s. 10 -- 10 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 6 PART 3—AMENDMENTS RELATING TO TENANCY AGREEMENTS OF RENTED PREMISES 11. Record of rent payment In section 43 of the Principal Act, for sub-section (2) substitute— "(2) If a person receives a payment of rent from a tenant and a written receipt is not required to be given under sub-section (1), the person must keep a record of the payment of rent until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if a tenant requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the tenant. Penalty: 5 penalty units. (2A) If a tenant requests a copy of a record under sub-section (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under sub- section (2) must provide a copy of that record to the tenant within 5 business days after receiving the request. Penalty: 5 penalty units. (2B) For the purposes of sub-section (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of sub-section (3) to be identified.". s. 11 -- 11 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 7 12. How much notice of rent increase is required? (1) In section 44 of the Principal Act— (a) in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form"; (b) in sub-section (3), after "to apply" insert "within 30 days after the notice is given". (2) In section 44 of the Principal Act, after sub- section (4) insert— "(4A) A landlord must not increase the rent payable under a tenancy agreement at intervals of less than 6 months.". 13. What can the Tribunal order? In section 47(3) of the Principal Act, after paragraph (h) insert— "(ha) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;". 14. Certain charges prohibited In section 51 of the Principal Act, after sub- section (2) insert— "(3) A person must not demand or receive from a tenant a charge or indemnity for a charge in relation to— (a) the first issue of a rent payment card under a tenancy agreement; or (b) the establishment or use of direct debit facilities for payment of rent under a tenancy agreement. Penalty: 10 penalty units.". s. 12 -- 12 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 8 15. Amendment of references to supply authority In section 56 of the Principal Act for "supply authority" (wherever occurring) substitute "supplier of the utility". 16. Landlord's duty to maintain common areas In section 68 of the Principal Act, after sub- section (2) insert— "(3) If a landlord owns or controls rented premises and the common areas relating to those rented premises, the landlord must take reasonable steps to ensure that the common areas are maintained in good repair.". 17. Application to Tribunal for non-urgent repairs In section 75(2) of the Principal Act, for "28 days" substitute "60 days". 18. Grounds for entry of rented premises In section 86 of the Principal Act, after sub- section (2) insert— "(3) Despite sub-section (1), in the case of the first tenancy agreement entered into between a landlord and a tenant in respect of rented premises, a right of entry referred to in sub- section (1)(f) may only be exercised after the end of the first 3 months of the tenancy.". 19. New section 91A inserted After section 91 of the Principal Act insert— "91A. Offence relating to entering rented premises A landlord or a landlord's agent must not, without reasonable excuse, enter rented premises otherwise than in accordance with this Division. Penalty: 5 penalty units.". s. 15 -- 13 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 9 20. Section 228 substituted For section 228 of the Principal Act substitute— "228. Termination after death of sole tenant (1) If a tenant dies, the tenancy agreement terminates at the earliest of the following dates— (a) 28 days after the landlord has been given written notice of the death of the tenant by the legal personal representative or next of kin of the tenant; or (b) 28 days after the landlord has given a notice to vacate to the legal personal representative or next of kin of the tenant; or (c) a date agreed in writing between the landlord and the legal personal representative or next of kin of the tenant; or (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under sub-section (2). (2) If a landlord is unable to give notice to vacate under sub-section (1)(b), the landlord may apply to the Tribunal for an order to terminate the tenancy. (3) This section does not apply if there is more than one tenant under the tenancy agreement.". s. 20 -- 14 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 10 21. Application to Tribunal for creation of tenancy agreement (1) In section 232(1)(d) of the Principal Act, for "premises." substitute "premises; or". (2) In section 232(1) of the Principal Act, after paragraph (d) insert— "(e) the tenant has died and there is no surviving tenant.". 22. Notices to vacate and notices to leave under section 368 In section 244 of the Principal Act, for sub-section (3) substitute— "(3) A landlord is not entitled to give a notice to vacate under sub-section (1) if a notice to leave under section 368 has been given in respect of that act or omission.". 23. Landlord's principal place of residence (fixed term tenancy) (1) In section 254 of the Principal Act, for sub-section (1) substitute— "(1) A landlord under a fixed term tenancy agreement may, before the end of the term of the tenancy agreement, give the tenant a notice to vacate rented premises if— (a) the rented premises were the landlord's principal place of residence— (i) immediately before the tenancy agreement was entered into; or (ii) if the tenancy agreement is the second tenancy agreement entered into since the premises were the landlord's principal place of residence, immediately before the s. 21 -- 15 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 11 first tenancy agreement was entered into; and (b) the tenancy agreement states that the rented premises were the landlord's principal place of residence— (i) immediately before the tenancy agreement was entered into; or (ii) if the tenancy agreement is the second tenancy agreement entered into since the premises were the landlord's principal place of residence, immediately before the first tenancy agreement was entered into; and (c) the tenancy agreement states that the landlord intends to resume occupancy of the premises on the termination of the agreement.". (2) In section 254 of the Principal Act, after sub- section (3) insert— "(4) A landlord is not entitled to give a notice under this section if the landlord has entered into more than 2 tenancy agreements in respect of the premises since the premises were the landlord's principal place of residence.". 24. Conditional contracts of sale In section 259 of the Principal Act, for sub-section (2) substitute— "(2) If a landlord has entered into a contract of sale of the rented premises and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the landlord may, within 14 days after the last of s. 24 -- 16 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 12 those conditions is satisfied, give a tenant a notice to vacate the rented premises. (2A) If a landlord has entered into a contract of sale of the rented premises which is not a contract of sale of the kind referred to in sub- section (2), the landlord may, within 14 days after the contract of sale is entered into, give a tenant a notice to vacate the rented premises.". 25. New section 262A inserted After section 262 of the Principal Act insert— '262A. Tenant in transitional housing refuses alternative accommodation (1) A landlord which is the Director of Housing or a delegate of the Director of Housing may give a tenant a notice to vacate rented premises if— (a) the rented premises were provided as transitional housing; and (b) the Director of Housing, under this section, has published requirements for tenants of transitional housing to seek alternative accommodation; and (c) the tenant has— (i) unreasonably refused to seek alternative accommodation in accordance with those requirements; or (ii) refused a reasonable offer of alternative accommodation made in accordance with those requirements. s. 25 -- 17 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 13 (2) The notice must specify a termination date that is not less than 30 days after the date on which the notice is given. (3) In this section "transitional housing" means accommodation for a period of more than 14 days and less than 12 months provided to persons in crisis as a result of homelessness or impending homelessness. (4) The Director of Housing, by notice published in the Government Gazette, may publish its requirements for tenants of transitional housing to seek alternative accommodation.'. 26. Extension of periods for notices to vacate—no reason (1) In section 263(2) of the Principal Act, for "90 days" substitute "120 days". (2) In section 266 of the Principal Act— (a) in sub-section (1), for "sections 255 to 263" substitute "sections 255, 256, 257, 258, 259, 260, 261, 262 and 263"; (b) in sub-section (3)(c), for "28 days" substitute "60 days". __________________ s. 26 -- 18 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 14 PART 4—AMENDMENTS RELATING TO ROOMING HOUSES 27. Definitions amended (1) In section 3(1) of the Principal Act, in paragraph (b) of the definition of "rooming house", for "section 19" substitute "section 19(2) or (3)". (2) In section 3 of the Principal Act, after sub-section (3) insert— "(4) Nothing in this Act prevents a rooming house from consisting of more than one building.". 28. Power to enter into tenancy agreements In section 94 of the Principal Act, after sub- section (1) insert— "(1A) If a tenancy agreement is entered into by a resident and a rooming house owner in respect of a room in a rooming house, the rooming house provisions do not apply to the occupation of that room by that resident while the tenancy agreement continues.". 29. New section 94A inserted After section 94 of the Principal Act insert— "94A. Harsh and unconscionable terms (1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under sub-section (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is s. 27 -- 19 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 15 such that a court exercising its equitable jurisdiction would grant relief. (3) An order under this section has effect according to its terms.". 30. Payment of bond In section 95 of the Principal Act, for "takes up occupancy of a room" substitute "commences occupation of a room as a resident". 31. Condition report (1) In section 97(1) of the Principal Act, for "enters into occupation of the room" substitute "commences occupation of the room as a resident". (2) In section 97(2) of the Principal Act, for "entering into occupation of the room" substitute "commencing occupation of the room as a resident". 32. Record of rent payment In section 100 of the Principal Act, for sub-section (2) substitute— "(2) If a person receives a payment of rent from a resident of a rooming house and a written receipt is not required to be given under sub- section (1), the person must keep a record of the payment of rent until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the resident. Penalty: 5 penalty units. s. 30 -- 20 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 16 (2A) If a resident of a rooming house requests a copy of a record under sub-section (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under sub-section (2) must provide a copy of that record to the resident within 5 business days after receiving the request. Penalty: 5 penalty units. (2B) For the purposes of sub-section (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of sub-section (3) to be identified.". 33. How much notice of rent increase is required? (1) In section 101 of the Principal Act— (a) in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form"; (b) in sub-section (5), after "to apply" insert "within 30 days after the notice is given". (2) In section 101 of the Principal Act, after sub- section (5) insert— "(5A) A rooming house owner must not increase the rent payable by a resident at intervals of less than 6 months.". 34. What can the Tribunal order? In section 104(3) of the Principal Act, after paragraph (e) insert— "(ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;". s. 33 -- 21 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 17 35. Rent must be reduced if services are reduced At the end of section 106 of the Principal Act insert— "(2) If the Tribunal determines an amount under sub-section (1)(b), it may also order that— (a) the reduction in rent is to take effect from the time the rooming house owner ceased to provide services to the resident; and (b) the rooming house owner is to refund to the resident any excess rent paid by the resident from the time the rooming house owner ceased to provide services until the date of the order.". 36. Amendment of reference to supply authority In section 108(2) of the Principal Act, for "supply authority" substitute "supplier of the utility". 37. New section 109A inserted After section 109 of the Principal Act insert— '109A. Director of Housing may impose service charge on resident (1) The Director of Housing may impose a service charge on a resident in a rooming house which has been declared to be a rooming house under section 19(2) or (3) for any water, central heating, laundry or utility services or facilities made available to the resident. (2) Sub-section (1) only applies if it is not possible or practicable to accurately measure the use by the resident of that service or facility. s. 35 -- 22 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 18 (3) A service charge may be increased or decreased by an amount in line with changes in the cost of providing the services or facilities. (4) In this section "Director of Housing" includes any incorporated body that receives financial assistance from the Director of Housing for the purposes of providing non- profit housing.'. 38. Application to Tribunal for non-urgent repairs (1) In section 132 of the Principal Act, after sub- section (1) insert— "(2) An application under sub-section (1) must be made within 60 days of receiving the Director's report under section 131.". (2) In section 132(4) of the Principal Act, for "the report of the Director" substitute "the Director's report". 39. New section 142A inserted After section 142 of the Principal Act insert— "142A. Offence relating to entering room occupied by resident A rooming house owner or a rooming house owner's agent must not, without reasonable excuse, enter a room occupied by a resident otherwise than in accordance with this Division. Penalty: 5 penalty units.". s. 38 -- 23 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 19 40. Notices to vacate and notices to leave under section 368 In section 279 of the Principal Act, for sub-section (3) substitute— "(3) A rooming house owner is not entitled to give a notice to vacate under sub-section (1) if a notice to leave under section 368 has been given in respect of that act or omission.". 41. Conditional contracts of sale (1) In section 285 of the Principal Act, after sub- section (1) insert— "(1A) If a rooming house owner has entered into a contract of sale of the rooming house and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the rooming house owner may, within 14 days after the last of those conditions is satisfied, give a resident a notice to vacate the room occupied by the resident. (1B) If a rooming house owner has entered into a contract of sale of the rooming house which is not a contract of sale of the kind referred to in sub-section (1A), the rooming house owner may, within 14 days after the contract of sale is entered into, give a resident a notice to vacate the room occupied by the resident.". (2) In section 285(2) of the Principal Act, for "The notice must" substitute "A notice under this section must". s. 40 -- 24 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 20 42. New section 287A inserted After section 287 of the Principal Act insert— '287A. Resident in transitional housing refuses alternative accommodation (1) A rooming house owner which is the Director of Housing or a delegate of the Director of Housing may give a resident a notice to vacate a room occupied by the resident if— (a) the room was provided as transitional housing; and (b) the Director of Housing, under this section, has published requirements for residents of transitional housing to seek alternative accommodation; and (c) the resident has— (i) unreasonably refused to seek alternative accommodation in accordance with those requirements; or (ii) refused a reasonable offer of alternative accommodation made in accordance with those requirements. (2) The notice must specify a termination date that is not less than 30 days after the date on which the notice is given. (3) In this section, "transitional housing" means accommodation for a period of more than 14 days and less than 12 months provided to persons in crisis as a result of homelessness or impending homelessness. s. 42 -- 25 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 21 (4) The Director of Housing, by notice published in the Government Gazette, may publish its requirements for residents of transitional housing to seek alternative accommodation.'. 43. Extension of periods for notices to vacate—no reason (1) In section 288(2) of the Principal Act, for "90 days" substitute "120 days". (2) In section 289(2) of the Principal Act, for "28 days" substitute "60 days". __________________ s. 43 -- 26 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 22 PART 5—AMENDMENTS RELATING TO CARAVAN PARKS AND CARAVANS 44. New section 144A inserted After section 144 of the Principal Act insert— "144A. Harsh and unconscionable terms (1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 144(1) or (2). (2) A caravan owner may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 144(3). (3) On an application under sub-section (1) or (2), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (4) An order under this section has effect according to its terms.". 45. Payment of bond In section 146 of the Principal Act, for "takes up occupancy" (wherever occurring) substitute "commences occupation as a resident". 46. Condition report (1) In section 148(1) of the Principal Act, for "enters into occupation" substitute "commences occupation as a resident". (2) In section 148(2) of the Principal Act, for "entering into occupation" substitute "commencing occupation as a resident". s. 44 -- 27 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 23 47. Record of rent or hiring charge payment In section 151 of the Principal Act, for sub-section (2) substitute— "(2) If a person receives a payment of rent or a payment of a hiring charge from a resident and a written receipt is not required to be given under sub-section (1), the person must keep a record of the payment of rent or the payment of a hiring charge until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the resident. Penalty: 5 penalty units. (2A) If a resident requests a copy of a record under sub-section (2)(b) before the end of 12 months after making the payment of rent or the payment of a hiring charge, a person who keeps a record under sub-section (2) must provide a copy of that record to the resident within 5 business days after receiving the request. Penalty: 5 penalty units. (2B) For the purposes of sub-section (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of sub-section (3) to be identified.". s. 47 -- 28 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 24 48. How much notice is required of rent or hiring charge increase? (1) In section 152 of the Principal Act— (a) in sub-section (1), for "90 days written notice" substitute "60 days notice in the prescribed form"; (b) in sub-section (2), for "90 days written notice" substitute "60 days notice in the prescribed form"; (c) in sub-section (5), after "to apply" insert "within 30 days after the notice is given". (2) In section 152 of the Principal Act, after sub- section (5) insert— "(5A) A caravan park owner must not increase the rent payable by a resident at intervals of less than 6 months. (5B) A caravan owner must not increase the hiring charge payable by a resident at intervals of less than 6 months.". 49. What can the Tribunal order? (1) In section 155(3) of the Principal Act, after paragraph (e) insert— "(ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;". (2) In section 155(4) of the Principal Act, after paragraph (a) insert— "(ab) the number of hiring charge increases (if any) in the preceding 24 months, the amount of each hiring charge increase in that period and the timing of those increases;". s. 48 -- 29 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 25 50. Rent must be reduced if services are reduced At the end of section 159 of the Principal Act insert— "(2) If the Tribunal determines an amount under sub-section (1)(b), it may also order that— (a) the reduction in rent is to take effect from the time the caravan park owner ceased to provide services to the resident; and (b) the caravan park owner is to refund to the resident any excess rent paid by the resident from the time the caravan park owner ceased to provide services until the date of the order.". 51. Amendment of references to supply authority In section 166 of the Principal Act, for "supply authority" (wherever occurring) substitute "supplier of the utility". 52. Application to Tribunal for non-urgent repairs (1) In section 191 of the Principal Act, after sub- section (1) insert— "(2) An application under sub-section (1) must be made within 60 days of receiving the Director's report under section 190.". (2) In section 191(4) of the Principal Act, for "report of the Director" substitute "Director's report". 53. New section 206A inserted After section 206 of the Principal Act insert— "206A. Offence relating to entering a site or caravan occupied by a resident A caravan park owner, a caravan owner or an owner's agent must not, without reasonable excuse, enter a site or caravan occupied by a s. 50 -- 30 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 26 resident otherwise than in accordance with this Division. Penalty: 5 penalty units.". 54. Abandonment of site or caravan In section 300 of the Principal Act, for sub-section (1) substitute— "(1) A resident abandons a site or caravan if the resident leaves it without any intention of returning and— (a) without first giving notice of intention to vacate to the caravan park owner or the caravan owner; or (b) without first obtaining the agreement of the caravan park owner or the caravan owner.". 55. Notices to vacate and notices to leave under section 368 In section 303 of the Principal Act, for sub-section (3) substitute— "(3) A caravan park owner is not entitled to give a notice to vacate under sub-section (1) if a notice to leave under section 368 has been given in respect of that act or omission.". 56. Conditional contracts of sale (1) In section 310 of the Principal Act, after sub- section (1) insert— "(1A) If a caravan park owner has entered into a contract of sale of a caravan owned by the caravan park owner and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the caravan park owner may, within 14 days after the last of those conditions is satisfied, give a resident a s. 54 -- 31 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 27 notice to vacate the caravan occupied by the resident. (1B) If a caravan park owner has entered into a contract of sale of a caravan owned by the caravan park owner which is not a contract of sale of the kind referred to in sub-section (1A), the caravan park owner may, within 14 days after the contract of sale is entered into, give a resident a notice to vacate the caravan occupied by the resident.". (2) In section 310 of the Principal Act, after sub- section (2) insert— "(2A) If a caravan owner has entered into a contract of sale of a caravan owned by the caravan owner and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the caravan owner may, within 14 days after the last of those conditions is satisfied, give a resident a notice to vacate the caravan occupied by the resident. (2B) If a caravan owner has entered into a contract of sale of a caravan owned by the caravan owner which is not a contract of sale of the kind referred to in sub-section (2A), the caravan owner may, within 14 days after the contract of sale is entered into, give a resident a notice to vacate the caravan occupied by the resident.". (3) In section 310 of the Principal Act— (a) in sub-section (3), for "The notice must" substitute "A notice under this section must"; (b) in sub-section (4), for "the notice" substitute "a notice under this section". s. 56 -- 32 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 28 57. Extension of periods for notices to vacate—no reason (1) In section 314(3) of the Principal Act, for "90 days" substitute "120 days". (2) In section 315(2) of the Principal Act, for "28 days" substitute "60 days". 58. Certain penalties prohibited In section 505 of the Principal Act, after sub- section (2) insert— "(3) A caravan park owner or a caravan owner must not demand or accept from a resident of a site or caravan who has failed to comply with the caravan park provisions the payment by reason of that failure of any amount other than— (a) rent or a hiring charge in accordance with this Act; or (b) any other payment provided for in this Act. Penalty: 20 penalty units.". __________________ s. 57 -- 33 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 29 PART 6—AMENDMENTS RELATING TO TERMINATION 59. Reduced period of notice of intention to vacate in certain circumstances In section 237(1) of the Principal Act— (a) in paragraph (c), for "Housing." substitute "Housing; or"; (b) after paragraph (c) insert— "(d) the tenant requires temporary crisis accommodation and needs to vacate the rented premises in order to obtain that accommodation.". 60. Rent payable on termination without notice In section 275 of the Principal Act, for sub-section (1) substitute— "(1) A resident who vacates a room without giving notice must pay to the rooming house owner the rent for the lesser of the following periods— (a) 2 days after vacating the room; or (b) until another resident takes up occupancy of the room. Penalty: 5 penalty units.". 61. Section 298 substituted For section 298 of the Principal Act substitute— "298. Rent or hiring charge payable on termination without notice (1) A resident who vacates a site without giving notice must pay to the caravan park owner the rent for the lesser of the following periods— (a) 7 days after vacating the site; or s. 59 -- 34 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 30 (b) until another resident takes up occupancy of the site. Penalty: 5 penalty units. (2) A resident who vacates a caravan without giving notice must pay to the caravan owner the hiring charge for the lesser of the following periods— (a) 7 days after vacating the caravan; or (b) until another resident takes up occupancy of the caravan. Penalty: 5 penalty units.". 62. Reasons for notice to vacate In section 319 of the Principal Act— (a) in paragraph (a), after "in the" insert "relevant"; (b) in paragraph (d), after "specifies the" insert "reason or". 63. New section 319A inserted After section 319 of the Principal Act insert— "319A. Composite notices to vacate If a person is or becomes entitled to give 2 or more notices to vacate under section 255, 256, 257, 258, 259, 260, 285 or 286— (a) the person may give one composite notice to vacate in accordance with section 319; and (b) that notice is to be taken to be a notice to vacate under each of the sections referred to in the notice.". s. 62 -- 35 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 31 64. New Division 5 of Part 6 inserted At the end of Part 6 of the Principal Act insert— "Division 5—Can a Notice to Vacate be Challenged? 321A. Application of Division Nothing in this Division affects any right a tenant or resident may have to challenge the validity of any other notice to vacate under this Act. 321B. Tenant or resident may apply to Tribunal (1) On or before the hearing of an application for a possession order in respect of a notice to vacate given under section 255, 256, 257, 258, 259, 260, 285, 286 or 310, a tenant or resident who has received the notice to vacate may apply to the Tribunal challenging the validity of the notice to vacate. (2) An application under sub-section (1) must be made within 30 days after the notice to vacate is given. 321C. What can the Tribunal order? (1) The Tribunal may consider an application under section 321B and may determine whether or not the notice to vacate is valid. (2) If the Tribunal determines that the notice to vacate is valid, the tenant or resident is not entitled to bring any further application to the Tribunal to challenge the validity of the notice to vacate unless the Tribunal is satisfied that exceptional circumstances exist which justify reconsideration of the determination made under this section. s. 64 -- 36 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 32 (3) Nothing in sub-section (2) affects the operation of section 479.". 65. New section 327 inserted After section 326 of the Principal Act insert— "327. Applications where composite notice to vacate is given If a composite notice to vacate as provided for in section 319A has been given to a tenant or resident, a composite application may be made under section 322(1), 323(a) or 324(1) or (2) (as the case requires) in respect of each of the notices to vacate included in the composite notice to vacate.". 66. What happens if personal documents are left behind by a tenant or resident? In section 380 of the Principal Act— (a) in paragraph (a), for "28 days" substitute "90 days"; (b) in paragraph (c), for "collected; and" substitute "collected."; (c) paragraph (d) is repealed. 67. Disposal of personal documents (1) Insert the following heading to section 381 of the Principal Act— "Disposal of personal documents after 90 days". (2) In section 381(1) of the Principal Act, for "28 day period" substitute "90 day period". (3) In section 381 of the Principal Act, at the foot of sub-section (2) insert— "Note: It may be an offence under certain legislation of the State and Commonwealth to destroy certain documents.". s. 65 -- 37 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 33 68. Disposal of certain goods left behind In section 384 of the Principal Act, for sub-section (2) substitute— "(2) If goods of monetary value have been left behind, the owner of premises may remove and destroy or dispose of those goods if the total estimated cost of the removal, storage and sale of all those goods combined is greater than the total monetary value of all those goods combined. (3) Sub-section (2) does not apply to goods to which sub-section (1) applies. (4) Nothing in this section affects the operation of any other Act or law affecting the removal, destruction or disposal of goods. Note: Other legislation of the State and Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985.". 69. Entitlement to dispose of stored goods (1) In section 393 of the Principal Act, for sub-section (3) substitute— "(3) If stored goods are offered for sale at a public auction in accordance with section 391 and are not sold, the owner of premises may dispose of the stored goods. (4) An owner of premises is not liable to anyone for loss or damage caused as a result of— (a) the sale of stored goods in accordance with this Part; or (b) the disposal of stored goods in accordance with sub-section (3).". s. 68 -- 38 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 34 (2) In section 395(3) of the Principal Act, for "which may be removed" substitute "which may not be removed". __________________ s. 69 -- 39 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 35 PART 7—AMENDMENTS RELATING TO THE RESIDENTIAL TENANCIES BOND AUTHORITY 70. Offences relating to lodgement of bonds (1) In section 405 of the Principal Act, at the foot of sub-section (4) insert— "Penalty: 5 penalty units.". (2) In section 406 of the Principal Act, for "before the end of the fifth business day" substitute "within 10 business days". 71. Late lodgement of bond In section 409(1) of the Principal Act, for "14 days" substitute "15 business days". 72. New section 410A inserted After section 410 of the Principal Act insert— "410A. Payment of bond by cheque or money order (1) Without limiting any manner in which a bond may be paid, for the purposes of this Division, a landlord receives a bond from a tenant if the tenant gives the landlord a cheque or money order for the amount of bond made payable to the Authority. (2) Despite anything to the contrary in this Division, a tenant who gives a landlord a cheque for an amount of bond made payable to the Authority is not to be taken to have paid a bond if the cheque is not honoured on its presentation.". s. 70 -- 40 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 36 73. Forms to be approved by Director of Consumer and Business Affairs (1) In section 412(3) of the Principal Act, for "Minister" substitute "Director". (2) In section 413(2) of the Principal Act, for "Minister" substitute "Director". 74. Time for applications under section 414 (1) In section 414 of the Principal Act, after sub- section (1) insert— "(2) An application under this section must be made within 10 business days after— (a) the tenant delivers up vacant possession of the rented premises; or (b) the landlord becomes aware that the tenant has abandoned the rented premises.". (2) In section 414 of the Principal Act, sub-section (3) is repealed. 75. Certain bond applications to be made within 10 business days In section 417(2) of the Principal Act, for "14 days" substitute "10 business days". 76. Compensation for bond claimed fraudulently In section 423(2) of the Principal Act, for "pay an amount of bond to a person" substitute "pay as compensation to a person an amount not exceeding the amount of the bond paid out". __________________ s. 73 -- 41 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 37 PART 8—AMENDMENTS RELATING TO THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 77. New section 209A inserted After section 209 of the Principal Act insert— "209A. Tribunal must hear application urgently The Tribunal must hear an application under section 209 within 5 business days after the application is made if the application relates to— (a) a breach of section 89 in relation to a right of entry for a purpose set out in section 86(1)(b); or (b) a breach of section 140 in relation to a right of entry for a purpose set out in section 137(b); or (c) a breach of section 204 in relation to a right of entry for a purpose set out in section 201(b).". 78. Rent arrears and possession orders In section 213 of the Principal Act, sub-section (3) is repealed. 79. New sections 213A and 213B inserted After section 213 of the Principal Act insert— "213A. Application for payment of rent arrears or hiring charge arrears from bond (1) If an application for a possession order is made under Part 7 as a result of a failure by a tenant or a resident to pay rent or, in the case of a caravan, a failure by the resident to pay a hiring charge, the applicant, at the same time, may apply to the Tribunal for payment s. 78 -- 42 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 38 of compensation by the tenant or resident for the unpaid rent or hiring charge owed. (2) On an application under sub-section (1), the Tribunal may— (a) make a determination of the amount of rent owing to the landlord, rooming house owner or caravan park owner or, in the case of a caravan owner, the amount of hiring charge owing to the caravan owner, at the date of the application; and (b) make a determination directing the Authority, on termination of the tenancy agreement or when the residency right ends, to pay out an amount of bond to or on account of the landlord, rooming house owner, caravan park owner or caravan owner (as the case requires) in respect of the rent or hiring charge owing. 213B. Application by landlord to Tribunal for loss or damage If a possession order is made under Part 7 as a result of a failure by a tenant to pay rent, an application by the landlord to the Tribunal under this Part (other than under section 213A) for payment by the tenant of compensation for loss or damage suffered by the landlord as a result of the failure of the tenant to pay rent must be made within 28 days after the tenant delivers up vacant possession of the rented premises.". s. 79 -- 43 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 39 80. Extension of period for hearing applications for abandonment In sections 241(2), 277(2) and 301(2) of the Principal Act, for "2 business days" substitute "5 business days". 81. Possession order to be made within 7 days of hearing In section 330 of the Principal Act, for sub-section (2) substitute— "(2) If an application for a possession order is made under section 322(3), 323(b) or 324(3)— (a) the application must be heard within 14 days after the application is made; and (b) the possession order must be made within 7 days of that hearing.". 82. Order to be dismissed or adjourned in certain circumstances In section 331 of the Principal Act, for sub-section (3) substitute— "(3) On the resumption of an adjourned hearing, the Tribunal— (a) may make a possession order if the tenant has continued to accrue arrears of rent during the adjournment period; and (b) must dismiss the application if the tenant— (i) has paid all the arrears which were the subject of the original application; and s. 80 -- 44 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 40 (ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing.". 83. Limits of jurisdiction of Tribunal (1) In section 447(1) of the Principal Act, paragraph (a) is repealed. (2) In section 447 of the Principal Act, after sub- section (1) insert— "(1A) Subject to sub-section (3), the Tribunal must not hear and determine an application— (a) by a landlord or tenant under a tenancy agreement which involves a monetary claim for an amount exceeding $10 000; or (b) by a rooming house owner or resident in relation to the rooming house provisions, a residency right or an agreement referred to in section 94(2) which involves a monetary claim for an amount exceeding $10 000; or (c) by a caravan park owner, a caravan owner or a resident in relation to the caravan park provisions, a residency right or an agreement referred to in section 144(1), (2) or (3) which involves a monetary claim for an amount exceeding $10 000.". 84. Review of determinations In section 479(1) of the Principal Act, after paragraph (a) insert— "(ab) a determination made by the Tribunal under section 321C;". s. 83 -- 45 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 41 85. New section 480 inserted After section 479 of the Principal Act insert— "480. Offence to fail to comply with determination of Tribunal (1) A person to whom a determination of the Tribunal under this Act applies must comply with that determination. Penalty: 10 penalty units and 2 penalty units for each day the non- compliance continues after the time within which the person is required to comply with the determination, up to a maximum of 20 penalty units. (2) This section applies— (a) despite anything to the contrary in section 133 of the Victorian Civil and Administrative Tribunal Act 1998; and (b) whether the determination of the Tribunal relates to a monetary order or a non-monetary order within the meaning of the Victorian Civil and Administrative Tribunal Act 1998.". __________________ s. 85 -- 46 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 42 PART 9—MISCELLANEOUS AMENDMENTS AND TRANSITIONAL PROVISIONS 86. Amendment of references to supply authority In section 3(1) of the Principal Act, in paragraph (a) of the definition of "separately metered", for "supply authority" substitute "supplier of the utility". 87. Duty provisions—required times (1) In section 207 of the Principal Act, in the definition of "duty provision", in paragraph (a)(ii) for "and 66" substitute ", 66 and 71". (2) In section 207 of the Principal Act, in the definition of "required time"— (a) in paragraph (a), for sub-paragraph (i) substitute— "(i) for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(a), (c) or (f), 14 days; or (ia) for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(b), (d) or (e), 3 days; or"; (b) in paragraph (c), for sub-paragraph (i) substitute— "(i) for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(a), (c) or (e), 7 days; or (ia) for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(b) or (d), 3 days; or". s. 86 -- 47 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 43 88. Contents of breach of duty notice In section 208(2) of the Principal Act— (a) for paragraph (e) substitute— "(e) state that if the notice is not complied with— (i) an application for compensation or a compliance order may be made to the Tribunal; or (ii) if section 240 applies, a notice of intention to vacate may be given; or (iii) if section 249, 283 or 308 (as the case requires) applies, a notice to vacate may be given; and"; (b) in paragraph (h), after "is owed" insert "or by that person's agent". 89. Successive breach notice applies whether or not breach remedied (1) In section 240(1) of the Principal Act— (a) in paragraph (c), for "section 208; and" substitute "section 208."; (b) paragraph (d) is repealed. (2) In section 249(1) of the Principal Act— (a) in paragraph (c), for "section 208; and" substitute "section 208."; (b) paragraph (d) is repealed. (3) In section 283(1) of the Principal Act— (a) in paragraph (c), for "section 208; and" substitute "section 208."; (b) paragraph (d) is repealed. s. 88 -- 48 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 44 (4) In section 308(1) of the Principal Act— (a) in paragraph (c), for "section 208; and" substitute "section 208."; (b) paragraph (d) is repealed. 90. Warrant of possession In section 355(1)(a) of the Principal Act, for "approved by the Minister" substitute "prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998". 91. Notice to leave for serious acts of violence (1) In section 368 of the Principal Act, for "reasonably believes" (where twice occurring), substitute "has reasonable grounds to believe". (2) In section 368 of the Principal Act, after sub- section (3) insert— "(4) A notice to leave under this section 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 on the premises has been endangered.". 92. New section 368A inserted After section 368 of the Principal Act insert— "368A. Offence to give notice to leave or purported notice to leave without reasonable grounds A manager of managed premises must not give— (a) a notice to leave under section 368; or (b) a document which purports to be a notice to leave under section 368— unless the manager has reasonable grounds to believe that— s. 90 -- 49 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 45 (c) a serious act of violence by a resident or a resident's visitor has occurred on the rented premises; or (d) the safety of any person on the managed premises is in danger from a resident or a resident's visitor. Penalty: 20 penalty units.". 93. Payment of rent during suspension In section 370(2) of the Principal Act, after "sub- section (1)," insert "unless the Tribunal makes an order under section 376(1)(b),". 94. Compensation to resident for reasonable expenses In section 376 of the Principal Act, for sub-section (3) substitute— "(3) If the Tribunal orders under sub-section (1)(b) that the suspension of the tenancy agreement or residency right cease— (a) the resident is not required to pay rent or hiring charges in respect of the period of the suspension; and (b) the Tribunal must order that compensation be paid to the resident comprising— (i) a refund of the rent or hiring charges paid during the period of the suspension; and (ii) any reasonable expenses incurred by the resident relating to the period of suspension.". s. 93 -- 50 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 46 95. New section 377A inserted After section 377 of the Principal Act insert— "377A. Notice to leave prohibited if notice to vacate under section 244, 279 or 303 already given A manager is not entitled to give a notice to leave under section 368 in respect of an act or omission if— (a) a landlord has given a notice to vacate under section 244 in respect of that act or omission; or (b) a rooming house owner has given a notice to vacate under section 279 in respect of that act or omission; or (c) a caravan park owner has given a notice to vacate under section 303 in respect of that act or omission.". 96. References to Registrar substituted In the Principal Act— (a) in section 333(1)(c), for "Registrar" substitute "principal registrar"; (b) in section 486(a)(i), for "Registrar" substitute "principal registrar". 97. Confidentiality In section 499(3)(a)(i) of the Principal Act omit "obtained". 98. Electronic service of documents At the foot of section 506(3) of the Principal Act insert— "Note: The Electronic Transactions (Victoria) Act 2000 provides for the service of documents by electronic communication in accordance with that Act.". s. 95 -- 51 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 47 99. New section 508A inserted After section 508 of the Principal Act insert— "508A. Extended period to prosecute certain offences Despite section 26 of the Magistrates' Court Act 1989, proceedings for the following offences may be commenced within the period of 3 years after the commission of the alleged offence— (a) an offence against section 31(1), 96 or 147; (b) an offence against section 35(1), 97(1) or 148(1); (c) an offence against section 37(1); (d) an offence against section 66(1), 124 or 182; (e) an offence against section 146(3); (f) an offence against section 183(1); (g) an offence against section 405(1) or (4); (h) an offence against section 406.". 100. New Division 3 inserted into Schedule 1 to Principal Act In Schedule 1 to the Principal Act, after Division 2 insert— "Division 3—Transitional and Savings Provisions— Residential Tenancies (Amendment) Act 2002 9. Section 16 tenancy agreements Despite the repeal of section 16 by the Residential Tenancies (Amendment) Act 2002, a tenancy agreement created under section 16 as in force immediately before its repeal is not affected and the rooming house provisions do not apply to that agreement. s. 99 -- 52 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 48 10. Applications for non-urgent repairs Section 75(2) as amended by the Residential Tenancies (Amendment) Act 2002 applies to an application in relation to a Director's report received before the commencement of section 17 of that Act if the period under section 75(2) (as in force immediately before its amendment) for making the application has not expired before that commencement. 11. Warrants of possession Despite the amendment of section 355(1) by the Residential Tenancies (Amendment) Act 2002, a warrant of possession in the form approved by the Minister is sufficient for the purposes of Part 7 if the warrant— (a) was issued before the commencement of section 90 of that Act; and (b) before that commencement has not— (i) lapsed or been cancelled; or (ii) been executed.". __________________ s. 100 -- 53 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 49 PART 10—AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 101. New clause 77A inserted into Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 In Part 17 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, after clause 77 insert— "77A. Failure to comply with determinations Section 133 does not apply to the failure to comply with a determination of the Tribunal made under the Residential Tenancies Act 1997. Note: See section 480 of the Residential Tenancies Act 1997.". 102. New rule making power inserted into Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 At the end of Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "Form and content of a warrant of possession under section 355 of the Residential Tenancies Act 1997.". ═══════════════ s. 101 See: Act No. 53/1998. Reprint No. 2 as at 15 July 2001 and amending Act Nos 98/2000, 2/2001, 68/2001 and 96/2001. LawToday: www.dms. dpc.vic. gov.au -- 54 of 55 -- Act No. 45/2002 Residential Tenancies (Amendment) Act 2002 50 ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 May 2002 Legislative Council: 8 October 2002 The long title for the Bill for this Act was "to make various amendments to the Residential Tenancies Act 1997 and for other purposes." Endnotes -- 55 of 55 --