Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 169

    (1)     Insert the following heading to section 193 of the Principal Act—

" Payment of rent or hiring charge into Rent Special Account ".

    (2)     After section 193(1) of the Principal Act insert —

    "(1A)     If a resident has given notice under section 190A requiring repairs to be carried out to a site the resident may apply to the Tribunal for an order authorising the payment of the rent into the Rent Special Account.".

    (3)     In section 193(2) of the Principal Act—

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

        (b)     after paragraph (a) insert —

    "(ab)     the caravan park owner or caravan owner has not demonstrated that the caravan park owner or caravan owner, as the case requires—

              (i)     is experiencing financial hardship; or

              (ii)     would experience financial hardship if the rent or hiring charge was paid into the Rent Special Account; and";

        (c)     after "hiring charge" insert "or rent".

    (4)     After section 193(2) of the Principal Act insert —

    "(2A)     In determining whether a caravan park owner or a caravan owner has demonstrated that the owner 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 owner;

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

        (c)     a notice of legal proceedings issued against the owner;

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

        (e)     a notice from a lender to the owner, including—

              (i)     an overdraft call; or

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

        (f)     outstanding medical bills of the owner;

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

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

              (i)     funeral expenses payable by the owner;

        (j)     a repossession notice served on the owner 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 owner;

        (l)     any other prescribed document.".

    (5)     In section 193(3)(a) of the Principal Act, after "hiring charge" insert "or rent".

    (6)     For section 193(3)(b) of the Principal Act substitute —

    "(b)     on an application by the caravan park owner or the caravan owner, the Tribunal may order that the whole, or such part of the hiring charge or rent as it may determine, be paid to the caravan park owner or caravan owner (as the case requires) before the end of the period—

              (i)     on the agreement of both of the parties; or

              (ii)     if the Tribunal is satisfied that the owner has fulfilled or is fulfilling the owner's duty to carry out the repairs.".

    (7)     After section 193(3) of the Principal Act insert —

    "(4)     A resident may apply to the Tribunal for an order directing that all or part of the amount of a hiring charge or rent be repaid to the resident if—

        (a)     on an order under subsection (2), the hiring charge or rent has been paid into the Rent Special Account in relation to a breach of section 178A or   180; and

        (b)     the caravan park owner or caravan owner has failed to effect repairs by the end of the period stated in the order.".