Residential Tenancies Act 1997

to define the rights and duties of residential rental providers and renters of rented premises; and

to define the rights and duties of rooming house operators and residents of rooming houses; and

to define the rights and duties of caravan park owners, caravan owners and residents of caravan parks; and

to provide for the inexpensive and quick resolution of disputes under this Act, including, but not limited to the use of ADR for RDRV proceedings under Division 5A of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998; and

to provide for the establishment of the Rooming House Register; and

to provide for a centralised system for the administration of bonds; and

to provide for the establishment of the Residential Tenancies Bond Authority; and

to provide for the regulation of caravan parks and movable dwellings; and

to provide for the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings; and

to define the rights and duties of SDA providers and SDA residents in respect of SDA dwellings.

Part 1 comes into operation on the day on which this Act receives the Royal Assent.

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day.

clarity and certainty as to the rights and responsibilities of the following—

residential rental providers and renters under residential rental agreements;

rooming house operators and residents in relation to residency rights in rooming houses;

caravan park owners, caravan owners and residents in relation to residency rights and agreements in respect of those rights;

site owners and site tenants under site agreements; and

the provision of appropriate security of tenure and safe and habitable premises to renters, residents of rooming houses and caravan parks and site tenants; and

a regulatory framework that enables residential rental providers, rooming house operators, caravan park owners, caravan owners and site owners to receive a fair return for providing safe and habitable premises, rooms and sites and Part 4A sites; and

the provision to residential rental providers, rooming house operators, caravan park owners, caravan owners, site owners, renters, residents and site tenants of—

effective mechanisms to resolve disputes; and

the ability to enforce rights under residential rental agreements, residency rights, site agreements and under this Act; and

without limiting paragraph (d), the effective and prompt resolution of disputes by use of ADR for RDRV proceedings under Division 5A of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998; and

residential rental providers, rooming house operators, caravan park owners, caravan owners, site owners, renters, residents and site tenants—

to meet their obligations, even if there are changed circumstances; and

to take a responsible approach to their obligations to each other and to visitors and neighbours at premises, rooming houses, caravan parks and Part 4A parks.

For the purposes of this Act—

a reference to a residential rental provider includes a landlord; and

a reference to a renter includes a tenant; and

a reference to a residential rental agreement includes a tenancy agreement or tenancy.

Unless this Act expressly provides or the context otherwise requires, despite the changes in terminology made by the Residential Tenancies Amendment Act 2018—

in relation to rented premises within the meaning of this Act, the law in respect of landlords continues to apply to residential rental providers; and

in relation to rented premises within the meaning of this Act, the law in respect of tenants continues to apply to renters; and

the law in respect of tenancy agreements and tenancies continues to apply to residential rental agreements.

Nothing in this section applies to a tenancy to which the Retail Leases Act 2003 or any other prescribed enactment or law applies.

For the purposes of paragraph (b) of the definition of common area, Homes Victoria, by notice published in the Government Gazette, may specify an area to be a common area if—

the area is on or in land or a building that is owned or controlled by Homes Victoria; and

the area is—

associated with rented premises which are public housing; or

in, on or associated with land on, or a building in, which rented premises which are public housing are situated.

An area may be specified as a common area under subsection (1) whether or not the area can be accessed by members of the public.

The notice must specify the area and the address of the land on, or building in, which the area is located which is specified as a common area.

Homes Victoria must take all reasonable steps to notify any resident of an area to which a notice under subsection (1) applies that the area is a common area for the purposes of this Act.

This Act applies to a person to whom the rights and duties of—

a residential rental provider under a residential rental agreement; or

a renter under a residential rental agreement—

Nothing in subsection (1) operates to confer any rights under this Act on an assignee of a renter if the assignment is not in accordance with this Act.

This Act applies to a residential rental agreement if the rented premises are used primarily for residential purposes even if a trade, profession or business is also carried on by the renter on those premises.

This Act does not apply to an agreement where Homes Victoria, the Secretary to the Department of Families, Fairness and Housing or a registered agency within the meaning of the Housing Act 1983 leases premises to a person or other entity who—

does not reside in the premises; and

uses the premises to provide residential accommodation to any other person.

This Act does not apply to an agreement under which Homes Victoria leases a share in premises to the co-owner of the premises.

immediately before the agreement was entered into, the rented premises were the residential rental provider's principal place of residence; and

the fixed term is less than 60 days; and

the agreement states that—

immediately before the agreement was entered into, the rented premises were the residential rental provider's principal place of residence; and

the residential rental provider intends to resume occupancy of the premises on termination of the residential rental agreement.

grazing, including agistment; or

farming, including dairy farming, pig‑farming, poultry farming, fish-farming, tree-farming, bee-keeping, viticulture, horticulture, fruit growing or the growing of crops of any kind.