The Law Handbook 2024

Chapter 6.1: Tenancy 535 SDA agreements must be in the prescribed form (s 498J RT Act) and there are extensive requirements that the agreements (and any notices served) must be explained in a language and mode of communication and terms most likely to be understood by the SDA resident (s 498E). At least seven days before entering into an agreement, a SDA provider must give the resident a prescribed information statement (s 498D). SDA residents or their guardians or administrators should seek legal advice about which agreement works best for them. SDA applications to VCAT are usually free. VCAT provides specific forms and guides to assist SDA residents (see www.vcat.vic.gov.au/documents/ forms/guide-residency-applications-disability- service-provider-or-resident) . For more information about SDA generally, see www.ndis.gov.au. SDA duties Rental providers’ duties The duties for rental providers of SDA under Part 12A of the RT Act are more extensive and onerous than the duties of rental providers of non- SDA premises. It is also important to check the nature of the agreement to determine the applicable rights (s 498C RT Act). The duties of rental providers of SDA include (s 498M): • Respect and privacy : SDA rental providers must take reasonable measures to ensure that SDA residents are treated with dignity and respect and with due regard to their entitlement to privacy (s 498M(a)); • Good repair : SDA rental providers must ensure that the SDA dwelling and any fixtures and fittings are maintained in good repair (s 498M(b)); • Privacy : SDA rental providers must not unreasonably interfere with a SDA resident’s right to privacy (s 498M(c)); • Fixtures : SDA residents also have a right to install any fixtures to assist their daily living and proper use and enjoyment of the premises (s 498M(ca)); • Security : SDA rental providers must take reasonable measures to ensure a SDA dwelling is secure (s 498M(d)); • Convenience : SDA rental providers must minimise any inconvenience or disruption to the SDA resident when undertaking repairs or renovations (s 498M(e)); and • Efficiency : SDA rental providers must take reasonable steps to ensure that any repairs or renovations are completed by a suitably qualified person and in a timely manner (s 498M(f)). Residents’ duties The duties of residents of SDA are set out in section 498N of the RT Act. A SDA resident must: • maintain the SDA dwelling in a manner that does not create a fire, health or safety hazard; • report any damage and give details; • contribute to the cost of repairing damage if the resident caused the damage; • pay the rent on the due date and in the manner specified in the SDA residency agreement; and • permit entry to a person who has a valid right of entry (s 498Y). A SDA resident must not use the premises for an illegal purpose, endanger the safety of other residents or staff, cause serious disruption, damage or destroy part of the dwelling, install any fixtures without first obtaining the written consent of the SDA provider, or keep a pet without the SDA provider’s consent. Compliance orders Breach of Duty Notices under the SDA framework are required to be complied with within 14 days (ss 498ZO, 498ZP RT Act). Unlike for Part 2 rental agreements, a SDA Breach of Duty Notice is time- limited. This means that if a rental provider wants to make an application for a compliance order, the application must be made within 90 days of the last day that compliance was required in the Breach of Duty Notice (s 498ZQ). SDA residents who receive a compliance order should seek legal advice. Repairs The repair process for specialist disability accommodation is the mostly the same as the repair process for standard tenancies (ss 498O–498S RT Act), except the rent special account does not apply to specialist disability accommodation. Rent increases Rent increases under SDA agreements are the same as under normal rental agreements. However, rent increases cannot be more frequent than once