The Law Handbook 2024

490 Section 6: Houses, communities and the road residents in the rooming house, whichever is less (reg 12(d)); • a fridge with minimum gross capacity of 80 litres in each room, or 400 litres in a common area (reg 12(e)); and • not less than one cupboard of 0.1 cubic metres for each resident, and this cupboard must be lockable if located in the common area (reg 12(f)). A rooming house must: • at least once every two years, have a gas safety check of all gas installations and fittings performed by a licensed gas fitter (reg 20), and keep a register of the gas fitters who have performed the check (reg 28); • at least once every five years, have an electrical safety check by a licensed electrician of all electrical installations and fittings at the rooming house (reg 21), and keep a register of the electrician who have performed the check (reg 29); • have a compliant electrical safety switch and switch board (reg 17); and • have a lock fitted to each entrance that is operated by a key from the outside and can be unlocked from the inside without a key, and each entry must have a window, peephole or intercom and adequate lighting to allow screening of visitors and safe access to the rooming house (reg 25). Independent investigations of rooming houses by Consumer Affairs Victoria CAV may also independently investigate a rooming house without the need for a complaint or application by a rooming house resident, if they deem it appropriate. Investigations may be conducted where there is a possible breach of duty of the RT Act or of the Minimum Standards (s 131A). A written report must be provided to any resident and rooming house operator affected by any breach or failure to comply. Rooming houses and fixed- term residency agreements From 29 March 2021, a resident (or a proposed resident) and a rooming house operator may enter into a fixed-term residency agreement. If they do, the agreement must be in writing and must be in the prescribed form (s 93A(2) RT Act). In most cases, any other agreements in relation to a room in a rooming house are not considered to be rental agreements covered by Part 2 of the RT Act (s 94) (see ‘Rooming house residents’, above), where an exception applies for self-contained apartments within roominghouses. Thishas significant implications for lease-breaking of fixed-term residency agreements, as liability is more limited than in rental agreements (s 142W, cf s 211A(3)). Liability for breaking fixed-term residency agreements appears to be limited to 14 days after vacating the rooming house (s 142X(2)). This is yet to be confirmed by a published decision. The RT Act is silent on how fixed-term residency and tenancy agreements made before 29 March 2021 are to be treated with respect to early termination and Notices of Intention to Vacate (ss 142X, 142W). Rooming house agreements may contain additional terms. Like rental agreements, residency agreements that include terms that are inconsistent with the RT Act, or are harsh and unconscionable (s 94A–94AE RT Act), or are prohibited terms (s 94AD, reg 39), may be of no effect. Residents may apply to VCAT to challenge terms and rules that are thought to be invalid. Residents living in self-contained apartments may wish to seek advice before signing a fixed-term residency agreement (ss 18, 94(1) RT Act). Rent Introduction Rent is the amount paid by a renter to a rental provider to occupy rented premises and to use the facilities and services. Residential rental properties must be advertised for a fixed price (s 30F RT Act). Advertising a property without a price is an offence (s 30F). Rent is payable in the manner, if any, specified in the rental agreement; rent accrues daily (ss 39, 42 RT Act). A rental provider or agent cannot force a renter to pay rent by a means that would incur additional fees or costs. A rental provider or agent must: • not make a renter pay rent by cheque or other negotiable instrument that is post-dated; • ensure that there is reasonably available to a renter a way to pay rent that has no additional costs (other than the renter’s usual bank or bank account fees);