The Law Handbook 2024

488 Section 6: Houses, communities and the road non-compliance with minimum standards is an urgent repair. So, where an external window or door lock is defective, it is usually appropriate to initiate the urgent repairs process (see ‘Urgent repairs’, above). A rental provider must ensure that all external doors that can be secured with a functioning deadlock (other than screen doors) are secured with a functioning deadlock (s 70(1) RT Act). A rental provider must provide locks (defined as ‘a device for securing a door or a window or other part of the premises’) to secure all windows of the rented premises (s 70). If a renter believes the rental provider has not complied with these requirements, they may serve a Breach of Duty Notice and then apply to VCAT for a compliance order. The renter may require evidence to support their claim that the premises was not secure (e.g. a police report). Note also that a renter can change the locks to their rented premises (s 70(2 RT Act). If a key pertains to a master key system, the rental provider’s consent is required. Consent cannot be unreasonably withheld (s 70(4)). As soon as any lock is changed, the renter must, as soon as practical, give a key to the rental provider (s 70). The exception to this is when a renter is excluded by an intervention order or safety notice. A protected person (whether or not they are on the rental agreement) who primarily resides at the premises can change any lock (including a master key lock). As soon as practicable after the locks are changed, a protected person needs to give a copy of the key and a copy of the verified extract of the intervention order or notice to the rental provider (or their agent), and a copy of the key to any other renters (other than the excluded renter) (s 70A(3)). The agent is prohibited from giving a key to the excluded renter. For more information, see Tenants Victoria’s Family Violence Kit (www.tenantsvic.org. au/advice/during-your-tenancy/family-violence) . Rooming houses What is a rooming house? A rooming house is a building – other than a SDA enrolled dwelling – in which there are one or more rooms available for rent, and at least four people live in the building (s 3(1) RT Act). The most common and distinct characteristic of a rooming house is that the people living in the rooming house have no control over who occupies the rooms in the house. Residents of the same rooming house usually have separate rental agreements and separate bonds. Nothing in the RT Act (s 3(4)) prevents a rooming house from being more than one building (see Boroondara CC v Dugdale (Includes Summary) (Red Dot) [2015] VCAT 721 (14 May 2015)). Note that some rooming houses are ‘gazetted’. This means that regardless of the number of occupants and rooms, the premises is treated as a rooming house for the purposes of the RT Act (ss 3(1), 19). Gazetted rooming houses are usually owned by community housing operators. To check if a rooming house is gazetted, visit www.gazette.vic.gov.au and select the RT Act in the advanced search option. There are still numerous unregistered and unlicensed rooming houses. People living in an unregistered rooming house have done nothing wrong, but they should seek legal advice. People using Centrepay to pay rent should make sure that Centrepay is cancelled and consider not using Centrepay until they are satisfied the rooming house is suitable for them. This will avoid any issues in obtaining refunds for rent paid in advance. Rooming House Operator Licensing Scheme The Rooming House Operators Act 2016 (Vic) (‘ RHO Act ’) came into effect on 24 April 2017. Under the RHO Act, rooming house operators must be licensed (s 7), and rooming house operators (including managers) must satisfy a fit and proper person test (s 18). Not complying with the RHO Act can result in penalties of up to $10 000, conditions being attached to a rooming house licence, and licence disqualification or cancellation. Rooming houses must display – in a conspicuous place inside the rooming house’s front entrance – their licence (including any conditions imposed by VCAT) (s 39 RHO Act). Also, the business licensing registrar must publish online key information about each licensee (s 44). VCAT may make protective orders to limit the adverse effects of non-compliance by operators on residents if an operator is disciplined for non- compliance (s 34 RHO Act). A rental agreement or residency right does not terminate automatically because of the cancellation