The Law Handbook 2024

486 Section 6: Houses, communities and the road is entitled to seek a compliance order. A compliance order has two main advantages (as compared to a normal repair order). First, non-compliance with a compliance order may entitle the renter to give a 14-day Notice of Intention to Vacate under section 91ZE of the RT Act. Second, non-compliance with a compliance order is grounds for a rental provider to be listed on the residential rental non-compliance register (s 439P, 439R RT Act). To obtain a repairs compliance order, a renter should give a Breach of Duty Notice under section 68 of the RT Act (and any other relevant sections). If the repairs have not been completed within the relevant time frame, a renter can apply for a compliance order under section 209 of the RT Act. Note that a renter cannot apply in relation to a matter already determined under section 75 of the RT Act (s 75(5)). Owners corporations and repairs to common property It is not uncommon for renters and rental providers to be uncertain about repairs to common property where there is an owners corporation. The Owners Corporations Act 2006 (Vic) (s 163) makes it possible for a renter to bring a claim directly against an owners corporation for repairs to common property or to services (ss 46, 47). If a renter applies to VCAT for a breach of the duty to maintain the premises in good order for damage or defects to common property, the rental provider can join the owners corporation to the application (s 75(2) RT Act). Alternatively, a renter may file an application with VCAT’s Residential Tenancies List and seek to join the owners corporation as an interested party to a dispute (s 60 VCAT Act). The decision to join a party may be made at the applicant’s request or be at VCAT’s initiative. In some cases, it may be appropriate – where there are shared utility services, roof spaces, driveways or delays between the various insurance companies – to apply to VCAT and to join the owners corporation as an interested party. This may be beneficial for both rental providers and renters in complex matters. Repairs and the Director of Housing The Public Housing Policy and Procedure Maintenance Manual contains the Director of Housing’s procedures for repairing and maintaining premises (see www.providers.dffh.vic.gov.au/maintenance- manual-responsive-maintenance-word) . The Director of Housing is a rental provider that is subject to the RT Act in the same way as any other rental provider. The same is true for community housing. Generally, the director’s policies are not a relevant consideration unless the legislation specifically provides for this. Renters of public housing who wish to request maintenance or repairs to their home should phone or email the Office of Housing’s call centre (tel: 13 11 72). Renters should ask for a ‘scheduled contract number’, which is a record of the phone call. Nonetheless, it is still recommended that public renters follow the same repairs process described above, until the repairs are completed. This may include if there are unacceptable delays in attending to the repairs. The use of prescribed notices (as described above) provides an easy and accessible reference for compensation claims, and a record if there is a dispute. Maintenance complaints, including complaints about contractors and trades people used by the director, can be lodged at www.housing.vic.gov.au/ maintenance-complaints. Rental minimum standards There are new rental minimum standards for rented premises where renters move into new properties from 29 March 2021. A rental provider must make sure the premises complies with the rental minimum standards on or before the day the renter takes occupation of the premises. Unfortunately, the minimum standards do not apply to agreements that started prior to 29 March 2021 (see Niblett v Broadbent (Residential Tenancies) [2023] VCAT 1236). A rental provider must also make sure that the premises continues to comply with the rental minimum standards throughout the rental agreement (s 65A RT Act; reg 29, sch 4). If a property does not meet the rental minimum standards, a renter has the option to: • end the agreement if the renter has not taken possession of the premises (s 91L(f) RTAct) – that is, if the renter has not stayed at the property, even if they have already moved in their belongings; or • request urgent repairs (ss 3, 73, 65A).