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Rooming Houses A Guide For Residents and Operators
Rooming Houses A Guide For Residents and Operators
consumer.vic.gov.au
Rooming houses: A guide for residents and operators
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will be out of date.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.
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Rooming houses: A guide for residents and operators
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Rooming houses: A guide for residents and operators
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Rooming houses: A guide for residents and operators
Contents
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Rooming house basics
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Rooming house basics
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Rooming houses: A guide for residents and operators
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.
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Rooming house basics
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Minimum standards
in rooming houses
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Minimum standards in rooming houses
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.
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Rooming houses: A guide for residents and operators
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Minimum standards in rooming houses
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Rooming houses: A guide for residents and operators
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Minimum standards in rooming houses
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).
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Rooming houses: A guide for residents and operators
12m2 or more 2
(add an extra 4m2
for each additional
person)
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Minimum standards in rooming houses
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Rooming houses: A guide for residents and operators
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When a resident moves in
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Rooming houses: A guide for residents and operators
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When a resident moves in
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Rooming houses: A guide for residents and operators
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During a resident’s stay
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Rooming houses: A guide for residents and operators
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
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During a resident’s stay
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Rooming houses: A guide for residents and operators
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During a resident’s stay
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Rooming 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.
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During a resident’s stay
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Rooming houses: A guide for residents and operators
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When a resident is leaving
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Rooming houses: A guide for residents and operators
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When a resident is leaving
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Rooming houses: A guide for residents and operators
Table 4 shows when an operator may issue a resident with a ‘Notice to Vacate’.
The resident has already been given two ‘Breach of Duty’ 2 days
notices and the same duty is breached again.
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)
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When a resident is leaving
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Rooming 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
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When a resident is leaving
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After a resident has left
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After a resident has left
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Rooming houses: A guide for residents and operators
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After a resident has left
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Solving disputes
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Solving disputes
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Rooming houses: A guide for residents and operators
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Useful contacts
Useful contacts
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Rooming houses: A guide for residents and operators
www.legislation.vic.gov.au 1800respect.org.au
Phone 1800 737 732
Residential Tenancies Bond
Authority (RTBA) Registered Accommodation
Association of Victoria (RAAV)
The RTBA holds all residential tenancy
bonds on behalf of rooming house RAAV represents owners and
residents and operators. It can only operators of private rooming houses
repay bonds if all parties to a bond and other registered accommodation
agree, or as directed by VCAT or in Victoria. RAAV can assist its
a court. members with a wide range of
services, including information,
rtba.vic.gov.au support, access to financial advice,
RTBA Online: rentalbonds.vic.gov.au insurance and more.
rtba@justice.vic.gov.au
raav.org.au
Phone 1300 137 164 info@raav.org.au
(local call charge)
Phone 0412 008 996
Locked Bag 007
Wendouree VIC 3355 PO Box 504
North Melbourne VIC 3051
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Useful contacts
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Rooming houses: A guide for residents and operators
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Checklist for operators
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Rooming houses: A guide for residents and operators
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Checklist for residents
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consumer.vic.gov.au
1300 55 81 81 (local call charge)
December 2019
As of 1 July 2020, the information in this guide will be out of date.
TIS
Translating and Interpreting Service 131 450
TTY
Textphone or modem users only, ring the
National Relay Service (NRS) on 133 677,
then quote 1300 55 81 81.
Callers who use Speech to Speech Relay
dial 1300 555 727, then quote 1300 55 81 81.