The Law Handbook 2024

Chapter 6.1: Tenancy 467 Protected renters ‘Protected renters’ are renters who have been living in the same rented premises (known as ‘prescribed premises’) since 1 January 1956 and are covered by the Landlord and Tenant Act 1958 (Vic) (‘ LT Act ’) (pt V) rather than the RT Act. The LT Act has been repealed, but still applies to protected renters (see sch 1 RT Act). This is a complicated area of tenancy law. There are few protected renters left in Victoria. Site tenants In 2010, the RT Act was amended to include people renting in residential parks (called ‘site tenants’). These provisions commenced on 1 September 2011. To be covered by Part 4A of the RT Act: 1 the dwelling must be ‘designed, built or manufactured’ to be transported from one place to another for use as a residence; 2 the dwelling must not be a ‘registrable moveable dwelling’ (a dwelling that could be registered under the Road Safety Act 1986 (Vic)); and 3 the site tenants must live in the dwelling and must own it (partly or wholly) and must be renting the site (which is usually a caravan park). The rights and responsibilities of site tenants and site owners are different from those of renters and rental providers. Supported Residential Services There is other accommodation referred to as ‘Supported Residential Services’ (SRS). SRS are covered by the Supported Residential Services (Private Proprietors) Act 2010 (Vic) (‘ SRS Act ’) and not by the RT Act. SRS must be registered and can be searched for on the Department of Health’s website (see https://providers.dffh.vic.gov.au/supported- residential-services) . For more information about SRS, see www.publicadvocate.vic.gov.au/ your-rights/in-your-home/supported-residential- services-srs. Exclusions The RT Act excludes certain premises from being covered by the RT Act. These exclusions are not always clear-cut and the RT Act is assumed to apply, unless it can be shown that it does not (s 507). If the RT Act does not apply, a person may still have rights under other legislation (e.g. the Australian Consumer Law and Fair Trading Act 2012 (Vic)), under contract, or in common law. The main types of premises excluded from the RT Act are: • Licensed premises: Premises or rooms that are part of a motel or premises licensed under the Liquor Control ReformAct 1998 (Vic) are not covered by the RT Act, subject to certain exceptions (s 20). • Holiday homes: Premises ordinarily used for holiday purposes (s 10) are not covered by the RT Act. • Farms: Premises that are let to a renter for the purposes of agricultural activity or ‘ordinarily’ or ‘for the time being’ used for agricultural grazing or farming (s 11) are not covered by the RT Act. • Schools: Premises used as a school or for education or training purposes, or those situated in such an institution such as a boarding school, are not covered by the RT Act (s 21(1)(a)). Premises formally affiliated with an educational institution are also excluded (s 21(1)(b)). • Crisis accommodation: Premises that are provided as temporary crisis accommodation (s 22) are not covered by the RT Act. Temporary crisis accommodation is: – provided on a non-permanent and non-profit basis; and – provided for people experiencing, or at risk of experiencing, homelessness, or for people who are subjected to, or at risk of being subjected to, family violence; and – provided by a person or body that is funded to provide temporary crisis accommodation (reg 6 Residential Tenancies Regulations 2021 (Vic); reg 5 Residential Tenancies Amendment Regulations 2021 (Vic)). • Business premises: Premises let for the purpose of a trade, profession or business are not covered by the RT Act, even if a renter lives in part of the building (s 8). However, if a renter can show that the premises are used primarily for residential purposes, then the RT Act applies (s 7). Squatters A squatter is a person who occupies a premises without the owner’s consent. The RT Act does not