Rooming houses A guide for residents and operators - consumer.vic.gov.au - Consumer Affairs Victoria
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Rooming houses
A guide for residents
and operators
consumer.vic.gov.au
Rooming houses: A guide for residents and operators
New renting laws
New renting laws will come into effect To find out more about the
on 1 July 2020. changes, visit consumer.vic.gov.au/
rentinglawchanges.
After this, information in this guide
will be out of date. Or follow us on:
Facebook: @consumeraffairsvictoria
For up-to-date information on your
renting rights and responsibilities, visit Twitter: @consumervic
consumer.vic.gov.au/rentingguide.
Disclaimer
Because this publication avoids the use of
legal language, information about the law may Unless indicated otherwise, content in this
have been expressed in general statements. publication is provided under a Creative
This guide should not be relied upon as a Commons Attribution 3.0 Australia
substitute for the Residential Tenancies Act Licence. To view a copy of this licence, visit
1997, the Residential Tenancies Amendment creativecommons.org/licenses/by/3.0/au
Act 2018, or professional legal advice. It is a condition of the Creative Commons
Attribution 3.0 Licence that you must give
Authorised and published credit to the original author who is the State
by the Victorian Government, of Victoria.
1 Treasury Place, Melbourne
If you would like to receive this publication
December 2019 in an accessible format please visit
ISBN: 978 1 921079 70 2 consumer.vic.gov.au or ring 1300 55 81 81.
Additional copies
This guide is available from Consumer
Affairs Victoria, consumer.vic.gov.au/forms
or 1300 55 81 81.
2
Rooming houses: A guide for residents and operators
Rooming houses: A guide
for residents and operators
Rooming house operators must give
a copy of this guide to every resident
on or before the day they move in.
3
Rooming houses: A guide for residents and operators Telephone interpreting service 4
Rooming houses: A guide for residents and operators
Contents
Rooming house basics . . . . . . . . . . . . . . . 6 When a resident is leaving . . . . . . . . . . 31
About this guide . . . . . . . . . . . . . . . . . . . . . . 7 When a resident wants to leave . . . . . 32
Who are residents and operators? . . . 7 When an operator asks a
Rooming house operators resident to leave . . . . . . . . . . . . . . . . . . . . . 33
must be licensed . . . . . . . . . . . . . . . . . . . . . 7 When a resident’s notice
What is a rooming house? . . . . . . . . . . . . 8 period runs out . . . . . . . . . . . . . . . . . . . . . . 35
Registering a rooming house . . . . . . . . . 8 How is notice given? . . . . . . . . . . . . . . . . . 35
Rooming house public register . . . . . . . 8 Can a resident be forced to leave? . . . 36
When can an operator use
After a resident has left . . . . . . . . . . . . 38
a building as a rooming house? . . . . . . 9
Repaying the bond . . . . . . . . . . . . . . . . . . 39
Changing the use of the building
Goods left behind. . . . . . . . . . . . . . . . . . . .40
to a rooming house . . . . . . . . . . . . . . . . . . . 9
Closing down a rooming house . . . . . . 41
Minimum standards
in rooming houses . . . . . . . . . . . . . . . . . . 10 Solving disputes . . . . . . . . . . . . . . . . . . . . 42
What are minimum standards? . . . . . . 11 Dispute Settlement Centre
of Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Additional minimum standards . . . . . . 11
Using VCAT . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Existing minimum standards . . . . . . . . 14
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Useful contacts . . . . . . . . . . . . . . . . . . . . . 45
When a resident moves in. . . . . . . . . . . 19 Checklist for operators . . . . . . . . . . . . . 48
What must an operator
Checklist for residents . . . . . . . . . . . . . .50
give a resident? . . . . . . . . . . . . . . . . . . . . . . 20
Charging a bond . . . . . . . . . . . . . . . . . . . . 21
Condition Report . . . . . . . . . . . . . . . . . . . . 22
During a resident’s stay . . . . . . . . . . . . 23
Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Adding more residents to a room . . . 25
Applying for a rental assessment . . . 26
Repairs and maintenance . . . . . . . . . . . 26
Who pays utility bills? . . . . . . . . . . . . . . . . 28
Entry rights . . . . . . . . . . . . . . . . . . . . . . . . . . 29
If someone breaks the rules . . . . . . . . . 29
5
Rooming house basics 6
Rooming house basics
This guide is for rooming
Note:
house residents and operators. If a person has a valid
Operators must give a copy of tenancy agreement,
this guide to every new resident. they are a tenant under
the law, and not a resident. This
About this guide is important, as it affects things
such as notice periods that a
This guide explains what residents resident or operator must give.
and operators must do to follow For more information, contact
Victoria’s rooming house laws. Consumer Affairs Victoria:
Penalties for not complying with consumer.vic.gov.au/contact-us
these laws apply.
1300 55 81 81
This guide is not
In this guide, a rooming house
a legal document
operator can refer to:
or substitute for
professional • the owner of the building
legal advice. • a person who has leased a building
and is operating it as a rooming
house
Who are residents • an agent or head tenant employed
and operators? by the owner.
A resident is a person who rents a
room in a rooming house as their only Rooming house operators
or main residence. A resident does not must be licensed
need to have a tenancy agreement to From 2017, rooming house operators
live in a rooming house. must be licensed by the Business
Licensing Authority. For more
information about the licensing
scheme and how to apply for a
licence, visit consumer.vic.gov.au/
roominghouseoperators.
7
Rooming houses: A guide for residents and operators
What is a rooming house? Registering a rooming house
Under the Residential Tenancies Under the Public Health and Wellbeing
Act 1997, a rooming house is a Act 2008, operators must register their
building where: rooming houses with the local council
if they intend to rent out one or more
• one or more rooms is available
rooms to four or more people.
for rent, and
• the total number of people who
may occupy those rooms is four Information and
or more. contact details for
local Victorian
The Minister for Housing can councils are online
also declare a property as a at knowyourcouncil.vic.gov.au,
rooming house.
in the local telephone directory
Also, in most rooming houses: or at local libraries.
• residents share bathrooms,
kitchens, laundries and other Rooming house public register
common areas Residents can check if a rooming
• the owner and their family house is registered before they sign
generally do not live on the an agreement or move in. Search
premises for registered rooming houses at
• separate rental agreements may registers.consumer.vic.gov.au/
exist for different residents. rhrsearch.
If a person is unsure
Supressing a rooming house address
if they are living in, or Operators can apply to the Director
operating, a rooming of Consumer Affairs Victoria to stop
house, they should the public from seeing their rooming
contact their local houses’ addresses on the rooming
council or Consumer houses public register.
Affairs Victoria.
The Director only restricts public
access to the address in exceptional
circumstances. This may include
suppressing the address of a rooming
house run by either a housing agency
registered under the Housing Act 1983,
or a non-government organisation
funded to deliver family violence
services.
8Rooming house basics
Suppression in these circumstances Changing the use of the
may be approved to help protect building to a rooming house
residents threatened by interpersonal
If an operator changes the use
or family violence.
of their building into a rooming
Rooming house operators must make house, the building must meet the
their request to the Director in writing. relevant requirements of the Building
Regulations 2006.
When can an operator use a This may involve the operator
building as a rooming house? arranging works such as:
For an operator to use a property as • installing the necessary fire safety
a rooming house, the property must measures
be in an area where the local council • changing door hardware
allows this.
• installing sanitary facilities
The operator must also: • other works.
• be licensed with the Business Operators must find out if a building
Licensing Authority permit is required for any building
• register their rooming house with work to change the use of the
the local council building to a rooming house. A council
• get the necessary building or other municipal building surveyor (MBS),
permits that may be required private building surveyor (PBS) or
• meet the minimum health, building other suitably experienced building
and fire safety standards. professional can give advice.
Planning controls For more information,
operators should
Each municipality has a local
contact the building
planning scheme, which controls
department of their
how land is used.
local council.
Operators must check with their
local council’s planning section to
Sometimes, an MBS, PBS or other
find out if:
qualified building professional may
• the building is located in an area find that no building work is required
where use as a rooming house for the new use as a rooming house.
is permitted
• a planning permit is required.
9Minimum standards
in rooming houses
10Minimum standards in rooming houses
Operators must ensure their Additional minimum standards
properties meet minimum Rooming house operators must
standards. These include a comply with additional minimum
range of existing minimum standards set out in the Residential
Tenancies (Rooming House Standards)
standards and additional
Regulations 2012.
minimum standards that
came into force in 2013. These standards relate to privacy,
security, safety and amenity in
rooming houses.
What are minimum standards?
The existing minimum standards for Residents’ rooms
rooming houses are set out in the:
• any door used for entry to or exit
• Residential Tenancies Act 1997 from a resident’s room must be
• Building Regulations 2006 fitted with a lock that is operated by
• Part 5 of the Public Health and a key from the outside, and can be
Wellbeing Regulations 2009 unlocked from inside without a key
(Prescribed Accommodation). • a resident’s room must have at
least two working power outlets
See ‘Existing minimum standards’ on
• residents’ windows must have a
page 14 for an explanation of these
covering that provides privacy
standards.
and can be opened and closed
by the resident.
Operators can view
the laws mentioned Bathrooms
in this guide at:
A shared bathroom or toilet must be
fitted with a privacy latch that can
www.legislation.vic.gov.au
be securely latched from the inside
without a key.
Kitchens
Each resident must have access
to and use of food preparation
facilities. These can be provided in the
resident’s room or a shared kitchen.
11Rooming houses: A guide for residents and operators
If these facilities are in a resident’s Shared laundries
room, they must include a:
• a wash trough or basin plumbed to
• food preparation area a continuous and adequate supply
• sink of hot and cold water
• oven and cook-top in good • immediately next to the trough
working order or basin, space with hot and cold
• refrigerator with at least water supply outlets suitable for
80 litres capacity a washing machine
• cupboard with a minimum • a clothes line or other clothes
0.1 cubic metres (100 litres) drying facility.
of storage capacity.
General rooming house standards
A shared kitchen must have a:
• an evacuation diagram that
• food preparation area
complies with section 3.5 and
• sink
Appendix E of AS 3745 must be
• oven and cook-top with four prominently displayed in each
burners in good working order for resident’s room and in all shared
every 12 or fewer residents who do areas
not have an oven or cook-top in
• internal rooms, corridors and
their room (based on the maximum
hallways must have a level of
number of residents the rooming
natural or artificial light appropriate
house can accommodate)
to the function and use of the room
• refrigerator with at least 400 litres
• habitable rooms must have access
capacity
to natural light during daylight
• lockable cupboard for each hours, and artificial light during
resident, with a minimum 0.1 cubic non-daylight hours, appropriate to
metres (100 litres) of storage the function and use of the room
capacity.
• habitable rooms, bathrooms,
shower rooms, toilets and laundries
Dining facilities in a common area must have ventilation that complies
• enough chairs for the maximum with the relevant Building Code
number of residents that can be of Australia (see section 17 of the
accommodated in a resident’s room Residential Tenancies (Rooming
House Standards) Regulations)
• a table that can comfortably
accommodate this number • all gas installations and fittings
of chairs. must be checked at least once
every two years by a licensed
gas fitter
12Minimum standards in rooming houses
• all electrical installations and • electrical safety check – for
fittings must be checked at least five years after the check was
once every five years by a licensed made, including the details of the
electrician licensed electrician who performed
• all power outlets and electrical the check.
circuits must be connected to
circuit breakers that comply with Exemptions
AS/NZS 3000 and switchboard-
In exceptional circumstances, the
type residual current devices that
Director of Consumer Affairs may
comply with AS/NZS 3190, AS/NZS
exempt a rooming house owner from
61008.1 or AS/NZS 61009.1
some standards in the Residential
• each external window that is able
Tenancies (Rooming House Standards)
to be opened must stay securely
Regulations. The exemption may
closed or open without a key
be unconditional or on specified
• each rooming house entrance must conditions, and may be a total or
have a lock operated by a key from limited exemption.
outside, and without a key from
inside, the rooming house An exemption can only be granted
• the main entry must have a when the rooming house owner:
window, peep-hole or intercom • is not able to modify the rooming
system, and a working external house to comply with the relevant
light fitting that provides enough standards due to the nature, age or
light during non-daylight hours structure of the rooming house, or
to provide for safe access and • is not able to modify the rooming
to screen visitors to the rooming house to comply with the relevant
house. standards due to an obligation to
comply with a competing law, or
Records • has sufficiently addressed the
Rooming house owners must keep relevant standards by other means.
the following records and make them For more information, visit
available to the Director of Consumer consumer.vic.gov.au/
Affairs Victoria on request: minimumstandards
• gas safety check – for two years
after the check was made, including
the details of the licensed gas fitter
who performed the check
13Rooming houses: A guide for residents and operators
Essential safety measures may also
If a resident thinks be determined by an MBS or PBS
their rooming house following building work where an
does not meet the occupancy permit is not required.
minimum standards,
The MBS or PBS will be able to tell
they should contact Consumer
operators what essential safety
Affairs Victoria.
measures they need to install and
maintain.
Existing minimum standards
How does the size of
Building safety standards the rooming house
affect an operator’s
The essential safety measures
obligations?
for rooming houses are set out in
the Building Regulations 2006. An The Building Regulations
operator must ensure there is no distinguish between small
danger to the safety of residents rooming houses (referred to
or anybody else using the building. as Class 1b) and large rooming
houses (Class 3). The life and fire
Operators must install and maintain safety standards an operator
essential safety systems and services must implement may differ
for an existing building. They must depending on the size of the
also keep documentation, including rooming house. Operators
records of maintenance, and complete should contact their local council
annual essential safety measures to find out more.
reports.
The maintenance of essential safety Table 1 (next page) shows the
measures is: difference between small and large
• set out in Part 12 of the Building rooming houses.
Regulations Some exceptions to Table 1 apply, so
• listed on the occupancy permit operators should contact their local
(if one is required). council for details.
14Minimum standards in rooming houses
Table 1: Small and large rooming houses
Type of rooming house Number of residents Total floor area
Small rooming house Up to 12 unrelated Not more than 300m2
(Class 1b) residents
Large rooming house 13 or more unrelated More than 300m2
(Class 3) residents
Fire safety
Other specific fire and
Operators must have adequate and
life safety measures
well-maintained hard-wired smoke
may also be required,
alarms to protect residents.
and these will depend
An MBS or a PBS can tell operators on the rooming house’s size
the fire and life safety systems they and other components. Local
have to install. councils can give more
information.
The Building Regulations require some
operators to install an automatic
fire sprinkler system to any buildings
constructed (or for which a building Signs and lighting
permit was issued) before 1 July 2003. Operators must install and maintain
Other fire-related measures appropriate signs and lighting. These
operators may need to install may include:
and maintain include: • signs warning against the use
• appropriate means of escape, of lifts in the event of a fire
such as clear pathways to exits • emergency lighting
• fire-fighting services and • artificial lighting to help residents
equipment, such as portable escape in an emergency.
fire extinguishers, hose reels
and hydrants Health and hygiene standards
• fire alarms and sprinkler systems As well as keeping the building
• bushfire protection measures for safe, operators must also maintain
relevant properties. minimum standards of health and
hygiene. These are set out in Part 5
of the Public Health and Wellbeing
Regulations 2009 (Prescribed
Accommodation).
15Rooming houses: A guide for residents and operators
Space requirements Conditions in the rooming house
in rooming houses All rooming houses must have:
There are slightly different rules for
• at least one toilet, one bath/shower
how much floor space is required per
and one wash basin for every
resident and per room for stays of
10 people
fewer and greater than 31 days, as
outlined in Table 2a and 2b. These • bedrooms, toilets, bathrooms,
laws help ensure that residents have laundries, kitchens, living areas
enough space and that the rooming and any communal areas in good
house does not become overcrowded. working order, and in a clean and
hygienic condition
• a continuous and adequate supply
Important: of hot and cold water
If a room is less than • drinking water fit for human
7.5m2, it cannot be consumption
used as a bedroom.
• the bed linen changed weekly
(if supplied), when the bed is
Table 2a: Space requirements for vacated and before its re-use
stays of 31 days or less by another resident
• sewage and water discharged to
Maximum number
a sewerage system or to another
Size of bedroom of occupants
approved effluent treatment or
7.5m2 to less than 2 disposal system
10m2
• vermin-proof bins that are
10m2 or more 3 cleaned regularly
(add an extra 2m2 • regular rubbish bin collection.
for each additional
person)
Keeping a register
Table 2b: Space requirements for Operators must keep a register of
stays of 32 days or more every resident for at least 12 months
after the date of the last entry into the
Maximum number register. The register must include the
Size of bedroom of occupants
resident’s name and future address,
7.5m2 to less than 1 and arrival and departure dates.
12m2
12m2 or more 2
(add an extra 4m2
for each additional
person)
16Minimum standards in rooming houses
Advertising the rooming house Consumer Affairs Victoria may
inspect a rooming house to:
If an operator advertises their rooming
house (for instance, in a newspaper • inform operators and residents
or online), they must advertise it as of their rights and responsibilities
a rooming house, and not any other • ensure that if a resident has paid
type of accommodation. a bond, it has been lodged with
the Residential Tenancies Bond
Inspections Authority
• ensure it meets minimum
A rooming house will initially be
standards.
inspected by an authorised officer
from the local council. A building inspection may be
conducted by:
Other inspections may then take place
for health, building safety or other • an MBS from the local council
reasons, and may happen randomly • a PBS appointed by the rooming
or in response to a complaint. house operator.
17Rooming houses: A guide for residents and operators
A building fire safety inspection may
also be conducted by the Metropolitan For information about
Fire Brigade or Country Fire Authority. notices and orders that
may be issued by an
The inspector may look for things
MBS or PBS, operators
such as:
should contact the building
• the general state of repair department of their local council.
• ventilation
• fire hazards A health inspection by an
• the prominent display of essential environmental health officer from the
health, building and fire safety local council or Department of Health
measures and Human Services will look at things
• fire prevention systems, including such as:
smoke detectors
• the register of residents
• emergency lighting and exits
• the number of bathrooms
• any other matters that may risk the
• general hygiene
life, safety or health of anyone using
• room size
the building.
• rubbish collection
Operators must keep records of • pest control
maintenance of essential safety
• adequate supply of hot and
measures and the current essential
cold water.
safety measures report, as these
are likely to be requested during an An inspection may result in an
inspection. Operators face penalties operator being given a written
if they do not keep adequate records. order or notice to carry out work.
An MBS or PBS may issue an operator
with a building notice or building order
if they believe the rooming house
does not comply with the Building
Regulations and is therefore unsafe.
18When a resident moves in
19Rooming houses: A guide for residents and operators
Operators must give new 3. Written statement outlining the
resident’s main rights and duties
residents certain forms and
publications when they start This statement must be displayed in
every resident’s room and given to an
living at the rooming house.
occupant no later than the day they
agree to start living at the rooming
What must an operator house. Copies of this statement are
give a resident? also available from Consumer Affairs
Victoria and Tenants Victoria. See
1. This guide
Consumer Affairs Victoria contact
An operator must give a copy of details on the back cover and Tenants
Rooming houses: A guide for residents Victoria contact details on page 46.
and operators to every new resident,
either before or on the day they move 4. House rules
in. However, if a person has entered
into a valid tenancy agreement, they An operator may choose to have a
are then a tenant, and must be given set of house rules, which describe the
a copy of Renting a home: A guide for rules the residents must follow. The
tenants instead. house rules usually include things
such as:
Copies of this guide • respecting other residents’ right
and Renting a home: to peace and quiet
A guide for tenants • not damaging any property or
are available from acting violently
Consumer Affairs Victoria. • keeping rooms clean
consumer.vic.gov.au/forms • not using rooms for illegal purposes.
Residents must be given a copy of
the house rules on or before the day
2. Operator’s contact details they agree to move in, and they must
These include the operator’s full name, be prominently displayed in each
address and an emergency telephone resident’s room.
number (an operator must also let If an operator wants to make
residents know of any changes to their changes to the house rules, they
contact details within seven days). must notify the resident in writing
If the operator employs an agent, then at least seven days before the
residents must be given the agent’s changes come into effect.
full name and address.
20When a resident moves in
1. Lodging the bond using an
If a resident believes ‘Electronic transaction’ via RTBA
any of the house rules Online. Once the operator has
are unreasonable, they lodged the bond, the resident will
may apply to the get an email with a link to a secure
Victorian Civil and website where they can accept,
Administrative Tribunal (VCAT) request changes to, or reject the
to hear the matter. For more transaction. Once the resident
information, see ‘Using VCAT’ accepts the transaction, the bond is
on page 43. lodged and the RTBA will email the
resident a receipt and ID number.
2. Lodging the bond on a paper
5. ‘Notice to Proposed Rooming form. The operator must give the
House Resident’ forms resident a completed and signed
These forms explain to a resident if official ‘Bond lodgement’ form to
they have either an exclusive right to sign. Once this is done, the operator
their room, or if they may be sharing it must give the resident a copy. The
with others. The forms are available at RTBA will send the resident a receipt.
consumer.vic.gov.au/forms. Residents should contact the RTBA
if they have not received a receipt 15
6. A notice outlining the costs of any business days after paying the bond.
extra services the operator provides
This may include things such as room ‘Bond lodgement’
cleaning, linen or meals. If a resident forms can be
uses these extra services, the operator generated on the
must provide them with an itemised RTBA Online website at
account detailing their use. rentalbonds.vic.gov.au.
Charging a bond If the bond is lodged electronically,
An operator may ask a resident to the resident pays the bond money
pay a bond before the resident starts to the operator who will then lodge
living at the rooming house, but it it with the RTBA on their behalf. The
cannot be more than the equivalent of resident should keep a record of this
14 days’ rent. The operator must lodge transaction. If you are completing a
the bond money with the Residential paper form, payment can be made
Tenancies Bond Authority (RTBA) directly to the RTBA by cheque or
within 10 business days of receiving it. money order. The postal details are
under ‘Residential Tenancies Bond
There are two ways that an operator Authority (RTBA)’ on page 46 and on
can lodge a bond with the RTBA: the ‘Bond lodgement’ form.
21Rooming houses: A guide for residents and operators
The RTBA will hold onto the bond
during the time a resident lives in Consumer Affairs
the rooming house. Victoria provides
‘Condition Report’
forms.
Bonds from the Director of Housing
If a resident is on a low income and This form allows the resident and
can afford to rent privately, but is operator to record the room’s
struggling to pay the up-front costs, condition and write down any damage
they may be eligible for a bond loan before the resident moves in.
from the Director of Housing (DoH).
The ‘Condition Report’ is important
A DoH ‘Bond Loan Voucher’ must because it will be used as evidence if
be used for any part of the bond there is a future dispute about who
provided by the DoH. The DoH will should pay for any cleaning, damage
issue the voucher when a bond loan or replacement of missing items. It can
is approved. also help decide how a bond should be
If a resident also contributes to the repaid at the end of a residency.
bond, a separate ‘Bond lodgement’ An operator must give the resident
form must be completed and sent to two completed and signed copies of
the RTBA within 10 business days. the ‘Condition Report’. The resident
A resident can find out if they are then has the right to:
eligible for a DoH bond loan by • check and add comments
contacting HousingVic – see contact to the ‘Condition Report’
details on page 45. • state whether they agree with
what the operator has written.
Difference between bond and rent Once the resident is happy with the
The bond and rent are separate ‘Condition Report’, they must sign and
payments. A resident must not use give one copy back to the operator
any part of the bond as rent. within three days of moving into the
rooming house. The resident should
keep the other copy until the end of
Condition Report
their time at the rooming house.
If an operator charges a bond from
a resident, they must complete a Even if there is no bond,
‘Condition Report’ with the resident. Consumer Affairs
Victoria recommends
the use of a ‘Condition
Report’.
22During a resident’s stay
23Rooming houses: A guide for residents and operators
Residents and operators have
Operators must not
legal obligations regarding rent, keep a resident’s
entering a room, issuing notices goods or documents
and other matters. Some of to cover any rent
these obligations will differ if owed. This includes
an occupant has entered into items such as passports, licences
and other forms of personal
a valid tenancy agreement.
identification. If an operator
In such cases, the occupant tries to keep any of these things,
is not a resident but a tenant. residents should immediately
An operator’s legal obligations contact Consumer Affairs
regarding tenants are covered Victoria:
in Renting a home: A guide consumer.vic.gov.au/contact-us
for tenants. 1300 55 81 81
Rent
In most cases, a resident will have to
Receipts for rent
pay their rent in advance. An operator An operator, agent or any other
cannot ask for more than 14 days’ rent person who accepts payment must:
in advance and they face penalties if
• give the resident a receipt:
they do.
– immediately, if the resident
A resident must pay their rent and pays in person
continue to pay it when it is due. – within five business days, if the
If a resident does not pay rent by resident does not pay in person
the due date, the operator may give but asks for a receipt
them a ‘Breach of Duty’ notice for not • keep a record of the payment for
paying their rent on time. If the rent 12 months and, on request, give the
is seven or more days behind, the tenant or resident a copy of the
operator can then give the resident a record within five business days.
minimum two-day ‘Notice to Vacate’. The rent receipt must include:
• the operator’s name and signature
• the resident’s name
• the address of the rooming house
• the date of payment
24During a resident’s stay
• the name of the resident
making the payment Operators must advise
• the period the payment covers residents of any rent
• how much was paid increase using a valid
‘Notice of Rent Increase
• a statement that it is a receipt
to Resident/s of Rooming
for rent.
House’ form, available from
If a resident has not paid their rent Consumer Affairs Victoria:
in person and has not requested a consumer.vic.gov.au/forms
receipt, they have up to 12 months
after they paid to ask for a receipt. 1300 55 81 81
Operators must keep records of
all rents they receive for at least
Adding more residents
12 months.
to a room
Changing the rent amount If a resident has an exclusive right
to their room, an operator may only
An operator can increase the rent add more residents to the room with
only once in any six-month period, the resident’s permission.
and must give the resident at least
60 days’ written notice telling them To change a resident’s status
of this increase. from exclusive to a shared room
right, the operator must give the
However, an operator and resident resident a ‘Consent to Increase in
may agree to an increase without this Room Capacity’ form and get their
notice if a resident requests extra permission to bring other people into
services, such as bed linen or meals. the room.
This agreement must be in writing
and signed by both parties. The form:
If an operator provides these services • asks for all affected residents
temporarily, they must lower the to agree (residents do not have
rent again once they stop providing to agree)
them. The operator and resident • offers a lower rent, starting from
should agree on the new rent amount. the date of the change
However, if they cannot agree, either • informs residents that the operator
party may apply to the Victorian Civil has the right to choose the other
and Administrative Tribunal (VCAT) residents of the room.
to hear the matter and make a ruling.
25Rooming houses: A guide for residents and operators
Applying for a rental
If a resident believes assessment
the rent is still too high,
they may apply to A resident may ask Consumer Affairs
Consumer Affairs Victoria for a rental assessment if
Victoria for a rent the operator:
assessment. • increases the number of people
in the room and does not reduce
Every affected resident must sign the rent
this form before the change can • increases the number of people in
happen. A resident may change their the room and the resident thinks
mind within three days of agreeing to the rent is still too high
share their room. The notice seeking • and resident cannot agree on
permission is valid for 14 days. the reduced rent amount
• gives the resident a ‘Notice of Rent
If residents agree, they may start
Increase’ and the resident thinks
sharing their room seven days after
the increase is too high.
the last resident agrees to the change.
The resident must ask for a rent
The number of people sharing a
assessment in writing within 30 days
room cannot be increased if:
of receiving the ‘Consent to Increase
• the operator does not use a Room Capacity’ form or the ‘Notice
valid notice of Rent Increase to Resident/s of
• consent is not given by all Rooming House’ form.
residents in the room
Consumer Affairs Victoria will
• it results in overcrowding (for then give the resident a report. If
more information, see ‘Space the report says the rent is too high
requirements in rooming houses’ and the operator still disagrees, the
on page 16). resident may apply to VCAT within
30 days of getting the report.
Repairs and maintenance
Residents have the right to
an acceptable standard of
accommodation.
If a resident requires repairs to the
property, they should inform the
operator as quickly as possible.
26During a resident’s stay
A resident must keep paying rent, • an appliance, fitting or fixture that
even while waiting for repairs to be is not working properly and causes
done. If the matter has gone to VCAT, a lot of water to be wasted
a resident can ask for the rent to go • a serious fault in a lift or staircase.
into the Rent Special Account until the
issue is resolved.
Steps a resident can
take to have an urgent
Who is responsible for repairs? item repaired:
Operators are responsible for urgent 1. Advise the operator
and non-urgent repairs. as soon as possible, who
must respond immediately.
However, if a resident has caused the
damage, the operator may ask them 2. If the resident reasonably
to pay for the repairs. An operator believes the repair is urgent
must still pay for the repairs until they and they are not getting a
are compensated, as otherwise they prompt response from the
may not be meeting their obligations operator, the resident can
to other residents. authorise the repair for an
amount of up to $1,800.
3. The resident can then give
Urgent repairs the operator a notice asking
Urgent repairs are: that they pay them back for
the cost of the urgent repairs.
• a burst water service The operator has 14 days to
• a blocked or broken toilet system pay from the date they receive
• a serious roof leak the notice.
• a gas leak 4. If the operator does not
• a dangerous electrical fault complete the urgent repairs
and the resident cannot afford
• flooding or serious flood damage
to pay for them, and if they
• serious storm or fire damage
are going to cost more than
• a failure or breakdown of any $1,800, the resident may apply
essential service or appliance to VCAT, which will hear the
relating to water, cooking, heating matter within two business
or washing clothes days. VCAT can then order the
• a failure or breakdown of the gas, operator to arrange and pay
electricity or water supply for the repairs.
• any fault or damage that makes the
rooming house unsafe or insecure
27Rooming houses: A guide for residents and operators
Non-urgent repairs
Communication
Any type of repair not mentioned
regarding repairs
in the ‘Urgent repairs’ section
is generally considered to be All communication
a non-urgent repair. regarding repairs
should be in writing. Residents
Residents should use Consumer and operators can use electronic
Affairs Victoria’s ‘Notice to Owner communication (for example,
of Rooming House’ form to ask the email) if both parties give
operator to fix a non-urgent repair. prior consent to do so. Make
The operator then has 14 days to sure that consent to electronic
carry out the repair. If the operator communication is in writing.
does not fix the problem within this For relevant forms and help
time, the resident may send a copy completing them, residents
of the notice to Consumer Affairs should contact Consumer Affairs
Victoria, with a letter asking for an Victoria:
inspection and report. consumer.vic.gov.au/forms
If the operator does not carry out 1300 55 81 81
the repair even after the report from
Consumer Affairs Victoria, the resident
has 60 days to apply to VCAT for a Who pays utility bills?
repair order.
Generally, the operator is
responsible for paying water,
gas and electricity bills.
An operator may only charge a
resident for a utility if the room has
separate meters and if the resident
has an exclusive right to the room.
In these cases, the operator must
not charge the resident more than
what the utility provider charges
the operator.
28During a resident’s stay
Entry rights An operator may enter a resident’s
room without notice if:
In most cases, the operator must give
the resident 24 hours’ notice before • the resident gives permission
entering their room. The notice: • there is an emergency situation
and entry to the room will save life
• must be in writing
or valuable property
• must state the reason for entry, and
• they are delivering services, such
• can be given by post, electronic
as bed linen.
communication (for example,
email) or delivered personally
between 8am and 6pm. Note:
Remember, both parties have When an operator
to give prior consent to use enters a room, they
electronic communication. Make must do so in a
sure that consent to electronic reasonable manner
communication is in writing. and not stay for any longer
than necessary to achieve
An operator may enter a room the purpose of their stay.
between 8am and 6pm, except
on public holidays.
An operator may enter because:
If someone breaks the rules
Both residents and operators can
• a resident is vacating and the
give a ‘Breach of Duty’ notice to the
operator wants to show the room
other person if that person has not
to potential new residents
met certain obligations under the
• the property is being sold or used Residential Tenancies Act 1997. Once
as security and the operator wants a ‘Breach of Duty’ has been given, the
to show it to a prospective buyer person who received it must fix the
or lender situation. Contact Consumer Affairs
• the operator needs to do something Victoria for information on how to
the law requires them to do issue a ‘Breach of Duty’ notice.
• they reasonably believe the
resident has not met their legal
Breach of Duty’ notices
duties
are available from
• they wish to inspect the room and
Consumer Affairs
have not done so within the past
Victoria.
four weeks.
consumer.vic.gov.au/forms
1300 55 81 81
29Rooming houses: A guide for residents and operators
A resident may issue a ‘Breach • keeping a pet without the
of Duty’ if an operator: operator’s consent
• not giving the operator a key
• is not keeping facilities in good
to their room
condition
• not following the house rules.
• has inconvenienced or disrupted
them during repairs or renovations If an operator has served two ‘Breach
• does not provide substitute facilities of Duty’ notices for the same breach
during repairs or renovations and the resident still does not fix the
• does not give the resident 24-hour problem, the operator may then issue
access to their room or bathroom them with a ‘Notice to vacate’.
• is not respecting their right to
privacy, peace and quiet Respecting privacy
• is not keeping their belongings safe Residents have a right to privacy,
• does not provide information peace and quiet. This means that
required by the Residential they must not unnecessarily disturb
Tenancies Act 1997 other residents.
• does not give them at least seven
The operator must also respect a
days’ written notice of proposed
resident’s right to privacy, peace
changes to the house rules
and quiet.
• does not take steps to ensure
residents follow the house rules.
Security of goods
An operator may issue a ‘Breach
An operator must take all reasonable
of Duty’ if the resident is:
steps to make sure that a resident’s
• using the room for non-residential property is secure, especially in a
purposes shared room.
• not paying their rent on time
• interfering with the peace and If a resident thinks
quiet of other residents their property is not
• not keeping their room clean and safe, they can contact
clear of health or fire hazards Consumer Affairs
• installing fixtures without the Victoria:
operator’s written permission consumer.vic.gov.au/contact-us
• not notifying or compensating
1300 55 81 81
the owner for any damage caused
by them or their visitors
30When a resident is leaving
31Rooming houses: A guide for residents and operators
When a resident wants to leave
When giving notice, a
the rooming house, they must resident should use the
give the appropriate notice. ‘Notice to Owner of
An operator must also give Rooming House’ form,
the right notice if they want a available from Consumer
resident to vacate. Occupants Affairs Victoria.
who have entered into a valid consumer.vic.gov.au/forms
tenancy agreement are classed
as tenants, and different notice A resident must pay the rent and
periods may apply. In such any other charges up until the day
they told the operator they would be
cases, owners and tenants
leaving.
should refer to Renting a home:
A guide for tenants. If a resident leaves without giving
notice and the room remains empty,
they may have to pay rent for
When a resident wants to leave two days after they leave, unless
A resident must give an operator at another person moves into the
least two days’ notice if they want to room immediately.
leave the rooming house.
However, if the rooming house Abandoning the room
becomes unsafe to live in for any If a resident abandons their room and
reason, the resident may leave it has been 14 days since their last rent
immediately. payment was due, the operator may
The resident can tell the operator rent the room to someone else.
they are leaving in person but, if the The operator may also to apply to
operator asks, the resident must give the Victorian Civil and Administrative
notice in writing. Tribunal (VCAT) to allow them to rent
the room to someone else.
32When a resident is leaving
When an operator asks Table 3: When an operator may
a resident to leave issue a ‘Notice to Leave’
When an operator asks a resident Reason for issuing
to leave the rooming house, they a ‘Notice to Leave’
(must be issued as
must use either a ‘Notice to Leave’ or
soon as possible
‘Notice to Vacate’, depending on the after one of the
situation. These forms are available below has occurred) Notice required
from consumer.vic.gov.au/forms.
The resident or their Immediate
Table 3 (next column) shows when an visitors:
operator may issue a ‘Notice to Leave’. • have committed
The notice bans the resident from a serious act of
the rooming house for two days. The violence
resident may return after two days if • are putting others’
the operator does not apply to VCAT safety in danger.
for a hearing.
33Rooming houses: A guide for residents and operators
Table 4 shows when an operator may issue a resident with a ‘Notice to Vacate’.
Table 4: When an operator may issue a ‘Notice to Vacate’
Reason for issuing a ‘Notice to Vacate’ Notice required
The resident or their visitors are: Same day
• putting others’ safety in danger (unless a ‘Notice to
Leave’ has been given for this reason)
• causing serious disturbance to the peace and quiet of
other residents.
The resident or their visitors cause serious damage to Same day
the house intentionally or recklessly.
The resident owes at least seven days’ rent. 2 days
The room is being used for illegal purposes. 2 days
The resident does not comply with a VCAT 2 days
compliance order or compensation order.
The resident has already been given two ‘Breach of Duty’ 2 days
notices and the same duty is breached again.
The rooming house mortgagee gains possession of the 28 days
rooming house.
The rooming house is to be sold immediately after 60 days
the termination date with vacant possession or other
relevant condition.
The operator is doing maintenance or construction work 60 days
and:
• has received all relevant permits
• needs an empty room to do the works
• does not have an equivalent room available to provide
the resident.
VCAT has made an order requiring the operator to serve At least 120 days (The
the notice. operator must provide the
minimum number of days’
notice that is indicated in
the VCAT order)
The operator has no licence to operate a rooming house. 120 days
No specified reason. 120 days
34When a resident is leaving
Can a resident challenge
An operator cannot a ‘Notice to Vacate’?
give a resident notice
If a resident is given a ‘Notice
to vacate if the
to Vacate’ and they think it is
resident is using their
unreasonable, they may apply
legal rights, or saying
to VCAT within 30 days of getting
that they will.
that notice.
For more information
Sometimes, a rooming about challenging a
house operator rents notice, residents can
the building from contact Consumer
somebody else. In such Affairs Victoria:
cases, the owner of the consumer.vic.gov.au/contact-us
building may give the rooming
house operator a ‘Notice to 1300 55 81 81
Vacate’. If the building owner
wants the residents to leave, How is notice given?
they must give them at least
45 days’ notice. When sending a notice, the minimum
notice period starts the day after the
notice is:
• given by hand or sent via
When a resident’s notice
electronic communication such
period runs out
as email (Note: this requires both
If an operator gives a resident valid parties to give prior consent,
notice and the resident has not left preferably in writing), or
the rooming house by the due date, • calculated to have been given
the operator may apply to VCAT for when sent by ordinary post or
a possession order. registered post.
An operator may also apply to VCAT To calculate the earliest termination
if the resident has given notice of their date, you must allow a total time that
intention to vacate, and they are still includes both:
in the room seven days after the end
• delivery of the notice (delivery is
date on their notice.
the day it is given by hand, or sent
via electronic communication such
as email, or the day it would be
received by post), and
• the required minimum notice.
35Rooming houses: A guide for residents and operators
The date the notice takes effect is Table 5 shows the number of days
the day after the minimum notice residents and operators should allow
period ends. when delivering a notice, with a
minimum notice period of 28 days.
Australia Post has three delivery
speeds for ordinary post – express,
priority and regular. Priority and Can a resident be
regular speeds also apply for forced to leave?
registered post, which must be
Suspending or evicting a
used if sending a notice to vacate.
resident using a ‘Notice to Leave’
Residents and operators who post
If an operator reasonably believes a
notices, such as Notices to vacate,
resident or their visitor has committed
should factor in longer mail delivery
a serious act of violence or put the
times which reflect the chosen
safety of other occupants in danger,
delivery speed. Extra days should
the operator may give an official
also be added for any public holidays
‘Notice to Leave to Resident/s of
that fall within the postal period.
Managed Premises or Resident’s
For more about Australia Post’s mail Visitor’ form. This suspends
delivery options and times, visit the residency.
auspost.com.au
The resident or their visitor must then
To help calculate the total minimum leave the rooming house and are not
days to allow, depending on the notice allowed back for two days. During this
period required and the method of time, the operator may apply to VCAT
postal delivery, visit www.vcat.vic. to ask that the resident or their visitor
gov.au/resources/giving-notices- not be allowed back permanently.
residential-tenancies-list
Table 5: Total number of days to allow if the minimum notice period is 28 days
Posted Posted Posted
Method of delivery Sunday or Monday Tuesday to Friday Saturday
Regular post 34 36 35
Priority post 32 34 33
Given by hand 30 30 30
or sent via email
36When a resident is leaving
If the resident has not left by the date
It is an offence for a given on the ‘Notice to Vacate’, the
resident or their visitor operator may apply to VCAT for an
to return to the ‘Order for Possession’.
rooming house during
the suspension period. This order may instruct the resident to
vacate. It may also allow the operator
to get a ‘Warrant for Possession’,
The resident must continue to pay which may then be carried out by
rent and other charges during the the police to evict the resident.
suspension period. If VCAT decides
that the resident should not have
been suspended, the operator must Important:
let them back into the rooming house. The only legal way to
evict a resident is by
During the suspension period, the applying to VCAT. An
operator may apply to VCAT to evict operator cannot use
the resident. The operator must force or any other method to try
do this within two business days to remove a resident. Only the
of serving the notice. Until VCAT police can carry out an eviction,
decides the matter, the resident and only when they are acting
must stay out of the rooming house. on a ‘Warrant for Possession’
The resident must contact VCAT as issued by VCAT.
soon as possible to find out the date
and time of the hearing.
If the operator does not apply to Facing eviction?
VCAT to permanently evict the
If you are facing
resident, the resident may return
eviction and do not
to the rooming house once the
know what to do,
suspension has finished.
contact Consumer Affairs
Victoria immediately. Consumer
Evicting a resident using Affairs Victoria can provide
a ‘Notice to Vacate’ information, or direct you to
If an operator wishes to evict a other organisations that can
resident, they must first give them help.
an appropriate ‘Notice to Leave’ (as
consumer.vic.gov.au/contact-us
outlined in Suspending or evicting a
resident using a ‘Notice to Leave’ on 1300 55 81 81
page 36) or ‘Notice to Vacate’.
37After a resident has left 38
After a resident has left
After a resident leaves the An operator cannot make a claim
on the bond for fair wear and tear.
rooming house, the resident and
operator must decide what to Residents and operators should try
do with any bond repayments to work out how the bond money is to
be distributed. If they cannot agree,
or goods left behind.
either party may apply to VCAT to
decide the matter.
Repaying the bond
If a resident has left the property in Repaying bonds from
a good condition and paid all their the Director of Housing
rent, then the operator must arrange
If the DoH has provided the bond, a
to repay them their bond, if they
resident cannot agree to release any
paid one.
of the bond to the operator. The RTBA
The operator and resident must will pay out the bond to the DoH at the
complete and sign a ‘Bond claim’ form end of the tenancy, once it receives
(paper form), or accept (online), and the completed ‘Bond claim’ form
send it to the Residential Tenancies signed by the operator.
Bond Authority (RTBA).
If a ‘Bond claim’ form is not lodged,
the DoH may not know that the
‘Bond claim’ forms resident has left the rooming house;
can be generated in these cases, the bond will remain
from the RTBA registered as an outstanding debt
Online website at against the resident.
rentalbonds.vic.gov.au If the ‘Bond claim’ form is never
lodged, the bond remains with the
An operator may apply to the RTBA. If a resident then applies for
Victorian Civil and Administrative another bond, DoH will note that there
Tribunal (VCAT) to make a claim is an outstanding amount from the
on the bond if the resident: previous loan.
• or their visitors have caused If an operator wants to be paid money
damage to the rooming house from a DoH bond, they may apply to
• has not kept their room clean VCAT to make a decision.
• abandons the premises
• leaves unpaid bills
• loses or damages the operator’s
goods
• has not paid all their rent.
39Rooming houses: A guide for residents and operators
Goods left behind
If an operator believes
If a resident leaves any belongings
that the goods may
or personal documents behind, they
have monetary value or
should make arrangements with the
is unsure of their value,
operator to collect them.
they should request an
An operator cannot refuse to give inspection of goods left behind
back a resident’s goods, even if the from Consumer Affairs Victoria.
resident owes rent. If a resident suffers The inspector will examine the
a loss because an operator did not goods and tell the operator what
comply with the law, the resident may to do with them.
apply to VCAT for compensation.
The resident must pay back any
reasonable costs an operator incurred Documents left behind
by storing or moving the goods. The rules for documents left behind
are slightly different, as these must
Belongings left behind be stored for 90 days. Documents
include:
An operator may remove and dispose
of the belongings a resident leaves • marriage and divorce certificates
behind, but only if they are: • educational certificates
• perishable foodstuffs • birth certificates
• dangerous • passports
• of no monetary value. • medical records
• computer hard drives
An operator must:
• USB memory sticks
• take reasonable care of any • CDs and DVDs
other belongings left behind • still and video cameras
• take reasonable steps to notify a • electronic data storage devices
former resident of when and where • photographs
they can collect those goods.
• personal memorabilia.
If a resident does not claim their
An operator must try to notify the
goods after 28 days, the operator may
resident to let them know when
sell the goods. They may then apply
and where the documents can
to VCAT to get back any storage,
be collected.
advertising and sale costs.
40After a resident has left
Leaving a forwarding address
It is a good idea for a resident to leave
Closing down
a postal address and phone number a rooming house
when they leave the rooming house. If an operator wants
to close down their
The resident should leave their rooming house, they must follow
new contact details with: the appropriate notice periods,
• the rooming house operator as given in ‘Table 4: When an
• VCAT operator may issue a ‘Notice
to Vacate’ on page 34.
• the RTBA (via the ‘Bond claim’ form).
An operator should also contact
This will make it easier for these
their local council and tell them
people or organisations to contact
they are closing their rooming
the resident for any reason, especially
house. This will allow the council
if the resident is to receive bond
to contact relevant agencies
money or is scheduled to appear
who may be able to arrange
at a VCAT hearing.
new accommodation and other
support for residents.
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