Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 114

    (1)     In section 134(2) of the Principal Act—

        (a)     for "may" substitute "must";

        (b)     in paragraphs (a) and (b), for "owner" substitute "operator";

        (c)     in paragraph (b), for "repairs." substitute "repairs; and";

        (d)     after paragraph (b) insert —

    "(c)     the rooming house operator has not demonstrated that the operator—

              (i)     is experiencing financial hardship; or

              (ii)     would experience financial hardship if the rent was paid into the Rent Special Account.".

    (2)     In section 134(3) of the Principal Act—

        (a)     for "owner" (wherever occurring) substitute "operator";

        (b)     in paragraph (b), for "owner's" substitute "operator's".

    (3)     After section 134(3) of the Principal Act insert —

    "(4)     A resident may apply to the Tribunal to order that the whole or any part of the rent paid into the Rent Special Account be paid to the resident if—

        (a)     the Tribunal has made an order under subsection (2) that rent be paid into the Rent Special Account; and

        (b)     the rooming house operator has not effected any required repairs at the room or rooming house by the end of the period stated in that order.

    (5)     In determining whether a rooming house operator has demonstrated that the operator has experienced or would experience financial hardship for the purposes of subsection (2), the Tribunal may have regard to any of the following—

        (a)     an eviction notice given to the rooming house operator;

        (b)     a disconnection notice in respect of a service or utility account held by the rooming house operator;

        (c)     a notice of legal proceedings issued against the rooming house operator;

        (d)     a letter from a non-profit organisation about the rooming house operator's loss of employment or financial hardship;

        (e)     a notice from a lender to the rooming house operator, including—

              (i)     an overdraft call; or

              (ii)     a repossession notice in respect of a mortgaged property;

        (f)     outstanding medical bills of the rooming house operator;

        (g)     a letter from a doctor in respect of the impact of the rooming house operator's illness or carer's responsibility on the ability of the rooming house operator to earn an income;

        (h)     a final notice from a school to the rooming house operator in respect of the payment of mandatory schooling fees;

              (i)     funeral expenses payable by the rooming house operator;

        (j)     a repossession notice served on the rooming house operator in respect of an essential item;

        (k)     a hardship variation, or a written request to vary the terms of an existing loan held by the rooming house operator;

        (l)     any other prescribed document.".