Minimum Standards for Residential Tenancies

Next month Greg Barber will introduce into Parliament an amendment to the Residential Tenancies Act 1997 which gives the Housing Minister the power to set minimum standards for rental properties and rooming houses. This Bill is intended to offer protection to the most vulnerable Victorians in both public and private housing rental markets. Proper heating, plumbing, security and cooking facilities are just some of the guarantees that could be offered to residents under this Bill. Please have a look at the legislation, below, that has been prepared and contact Greg's office for any feedback or comments.

If you are interested in reading the Explanatory Memorandum to this Bill please also contact Greg's office and we will be happy to send you a copy.

Residential Tenancies Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Section 69 substituted 2
"69 Landlord must ensure replacement water appliances have required rating 2
5 New Division 5A inserted—rented premises 2
"Division 5A—Minimum housing standards—rented premises 2
71A Premises to comply with prescribed minimum housing standards 2
71B Director may investigate of own volition 3
71C Application to Director to investigate whether premises meet standards 3
71D Application to Tribunal in relation to minimum housing standards 4
71E What can the Tribunal order? 4
71F If the tenant has not entered into occupation 5
71G If the tenant has entered into occupation before landlord is given notice or report 6
6 Urgent repairs 7
7 New Division 5A inserted—rooming houses 7
"Division 5A—Minimum housing standards—rooming houses 7
128A Rooming house to comply with prescribed minimum housing standards 7
128B Director may investigate of own volition 7
128C Application to Director to investigate whether rooming house meets standards 8
128D Application to Tribunal in relation to minimum housing standards 9
128E What can the Tribunal order? 9
128F If the resident has not commenced occupancy of the room 10
128G If the resident has commenced occupancy before rooming house owner is given notice or report 10
8 Termination by tenant before possession 12
9 Failure of landlord to comply with Tribunal order 12
10 Rent Special Account 12
11 Regulations 12
12 Transitional provision 14
"533 Transitional—Residential Tenancies Amendment Act
2009 14
_______________
A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to the imposition of certain minimum housing standards and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the Residential Tenancies Act 1997 to enable the prescribing of minimum housing standards by regulation.
2 Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
Fourth Draft
27/3/2009
Residential Tenancies Amendment Bill
2009
3 Definitions
In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—
"prescribed minimum housing standard means a standard prescribed under section 511;".
4 Section 69 substituted
For section 69 of the Residential Tenancies Act
1997 substitute—
"69 Landlord must ensure replacement water appliances have required rating
A landlord must ensure that if an appliance, fitting or fixture provided by the landlord that uses or supplies water at the rented premises needs to be replaced, the replacement has at least—
(a) an A rating; or
(b) a prescribed rating—
whichever is the higher rating.".
5 New Division 5A inserted—rented premises
After Division 5 of Part 2 of the Residential
Tenancies Act 1997 insert—
"Division 5A—Minimum housing standards—rented premises
71A Premises to comply with prescribed minimum housing standards
(1) A landlord must ensure the rented premises comply with any prescribed minimum housing standard.
(2) A tenant may give a written notice to a landlord stating that the rented premises do not comply with a prescribed minimum housing standard.
71B Director may investigate of own volition
(1) The Director, of his or her own volition, may investigate whether a landlord has failed to ensure that rented premises comply with a
prescribed minimum housing standard.
(2) If the Director is satisfied that the rented premises do not comply with the standard, the Director must—
(a) give a written report of his or her investigation to the tenant and landlord;
and
(b) inform the tenant that the tenant may make an application to the Tribunal under section 71D.
71C Application to Director to investigate whether premises meet standards
(1) A tenant may apply in writing to the Director to investigate whether the landlord has failed to ensure that the rented premises comply with a prescribed minimum housing standard if—
(a) the tenant has given the landlord a written notice under section
71A(2); and
(b) the landlord has failed to ensure that the rented premises comply with the relevant prescribed minimum housing standard within
28 days after being given the notice.
(2) On an application under subsection (1),
the Director—
(a) must investigate; and
(b) may negotiate arrangements for ensuring that the rented premises comply with the prescribed minimum housing standard, if the
Director is satisfied that the premises do not comply with the standard; and
(c) must give a written report to the tenant within 28 days.
71D Application to Tribunal in relation to minimum housing standards
(1) Within 60 days after receiving the
report of the Director under section 71B or 71C, a tenant may apply to the Tribunal for an order requiring the landlord to ensure that the rented premises comply with a specific prescribed minimum housing standard if the tenant is of the view that satisfactory   arrangements have not been made for complying with the standard.
(2) A tenant may apply to the Tribunal for an order requiring the landlord to ensure that the rented premises comply with a specified prescribed minimum housing standard without the report of the Director under section 71C if the tenant has not received that report
within 90 days after the tenant made an application under section 71C(1).
71E What can the Tribunal order?
(1) On an application under section 71D, the Tribunal may make an order requiring the landlord to ensure that the rented premises  comply with a specified prescribed minimum housing standard.
(2) An order under subsection (1) must specify the prescribed minimum housing standard and the time within which it must be complied with.
71F If the tenant has not entered into occupation
(1) This section applies if—
(a) the tenant has not entered into occupation of the rented premises;
and
(b) the premises do not comply with a prescribed minimum housing standard; and
(c) a tenant has given the landlord a notice under section 71A(2) or the Director has given the landlord a report under section 71B.
(2) If this section applies, a tenant is not required—
(a) to enter into occupation of the rented premises; and
(b) to pay rent for the rented premises despite the tenancy agreement in respect of the period beginning on the agreed day on which the tenant would otherwise have entered into occupation of the premises and ending on the day on which the tenant actually enters into occupation.
71G If the tenant has entered into occupation before landlord is given notice or report
(1) A tenant may apply to the Tribunal for an order authorising the tenant to pay the rent under the tenancy agreement into the Rent Special Account if the tenant has entered into occupation of the rented premises and—
(a) the tenant has given a notice to the landlord under section 71A(2); or
(b) the Director has given a report to the landlord under section 71B.
(2) The Tribunal may make an order authorising the tenant to pay the rent into the Rent Special Account if it is satisfied that—
(a) the tenant gave the landlord a notice under section 71A(2) or the Director gave a report to the landlord under section 71B; and
(b) the landlord has not ensured that the rented premises comply with the prescribed minimum housing standards within 28 days after
being given the notice or the report.
(3) If an order is made under subsection
(2), on application by the landlord, the Tribunal may order that the whole or such part of the rent as the Tribunal may determine be paid to the landlord if the Tribunal is satisfied that the landlord has ensured or is ensuring that the rented premises comply with the relevant prescribed minimum housing standard.".
6 Urgent repairs
In section 72(3) of the Residential Tenancies Act 1997, after "have an A rating" insert "or a rating prescribed under section 69(b), whichever is the higher rating".
7 New Division 5A inserted—rooming houses
After Division 5 of Part 3 of the Residential Tenancies Act 1997 insert—"Division 5A—Minimum housing standards—rooming houses
128A Rooming house to comply with prescribed minimum housing standards
(1) A rooming house owner must ensure the rooming house and the rooms comply with any prescribed minimum housing standard.
(2) A resident may give a written notice to a rooming house owner stating that the rooming house or a room does not comply with a prescribed minimum housing standard.
128B Director may investigate of own volition
(1) The Director, of his or her own volition, may investigate whether a rooming house owner has failed to ensure that the rooming house or a room complies with a prescribed minimum housing standard.
(2) If the Director is satisfied that the rooming house or a room does not comply with a prescribed minimum housing standard, the
Director must—
(a) give a written report of his or her investigation to the resident and the rooming house owner; and

Residential Tenancies Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Section 69 substituted 2
"69 Landlord must ensure replacement water appliances have required rating 2
5 New Division 5A inserted—rented premises 2
"Division 5A—Minimum housing standards—rented premises 2
71A Premises to comply with prescribed minimum housing standards 2
71B Director may investigate of own volition 3
71C Application to Director to investigate whether premises meet standards 3
71D Application to Tribunal in relation to minimum housing
standards 4
71E What can the Tribunal order? 4
71F If the tenant has not entered into occupation 5
71G If the tenant has entered into occupation before landlord
is given notice or report 6
6 Urgent repairs 7
7 New Division 5A inserted—rooming houses 7
"Division 5A—Minimum housing standards—rooming
houses 7
128A Rooming house to comply with prescribed minimum
housing standards 7
128B Director may investigate of own volition 7
128C Application to Director to investigate whether rooming
house meets standards 8
128D Application to Tribunal in relation to minimum housing
standards 9
128E What can the Tribunal order? 9
128F If the resident has not commenced occupancy of the
room 10
128G If the resident has commenced occupancy before
rooming house owner is given notice or report 10
Clause Page
8 Termination by tenant before possession 12
9 Failure of landlord to comply with Tribunal order 12
10 Rent Special Account 12
11 Regulations 12
12 Transitional provision 14
"533 Transitional—Residential Tenancies Amendment Act
2009 14
A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to the imposition of certain minimum housing standards and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the Residential Tenancies Act 1997 to enable the prescribing of minimum housing standards by regulation.
2 Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
Fourth Draft
27/3/2009
Residential Tenancies Amendment Bill
2009
3 Definitions
In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—
"prescribed minimum housing standard means a standard prescribed under section 511;".
4 Section 69 substituted
For section 69 of the Residential Tenancies Act
1997 substitute—
"69 Landlord must ensure replacement water
appliances have required rating
A landlord must ensure that if an appliance,
fitting or fixture provided by the landlord
that uses or supplies water at the rented
premises needs to be replaced, the
replacement has at least—
(a) an A rating; or
(b) a prescribed rating—
whichever is the higher rating.".
5 New Division 5A inserted—rented premises
After Division 5 of Part 2 of the Residential
Tenancies Act 1997 insert—
"Division 5A—Minimum housing standards—
rented premises
71A Premises to comply with prescribed
minimum housing standards
(1) A landlord must ensure the rented premises
comply with any prescribed minimum
housing standard.
(2) A tenant may give a written notice to a
landlord stating that the rented premises do
See:
Act No.
109/1997.
Reprint No. 5
as at
15 January
2009.
LawToday:
www.
legislation.
vic.gov.au
not comply with a prescribed minimum
housing standard.
71B Director may investigate of own volition
(1) The Director, of his or her own volition, may
investigate whether a landlord has failed to
ensure that rented premises comply with a
prescribed minimum housing standard.
(2) If the Director is satisfied that the rented
premises do not comply with the standard,
the Director must—
(a) give a written report of his or her
investigation to the tenant and landlord;
and
(b) inform the tenant that the tenant may
make an application to the Tribunal
under section 71D.
71C Application to Director to investigate
whether premises meet standards
(1) A tenant may apply in writing to the
Director to investigate whether the
landlord has failed to ensure that the
rented premises comply with a
prescribed minimum housing standard
if—
(a) the tenant has given the landlord a
written notice under section
71A(2); and
(b) the landlord has failed to ensure
that the rented premises comply
with the relevant prescribed
minimum housing standard within
28 days after being given the
notice.
(2) On an application under subsection (1),
the Director—
(a) must investigate; and
(b) may negotiate arrangements for
ensuring that the rented premises
comply with the prescribed
minimum housing standard, if the
Director is satisfied that the
premises do not comply with the
standard; and
(c) must give a written report to the
tenant within 28 days.
71D Application to Tribunal in relation to
minimum housing standards
(1) Within 60 days after receiving the
report of the Director under section 71B
or 71C, a tenant may apply to the
Tribunal for an order requiring the
landlord to ensure that the rented
premises comply with a specific
prescribed minimum housing standard
if the tenant is of the view that
satisfactory arrangements have not been
made for complying with the standard.
(2) A tenant may apply to the Tribunal for
an order requiring the landlord to
ensure that the rented premises comply
with a specified prescribed minimum
housing standard without the report of
the Director under section 71C if the
tenant has not received that report
within 90 days after the tenant made an
application under section 71C(1).
71E What can the Tribunal order?
(1) On an application under section 71D,
the Tribunal may make an order
requiring the landlord to ensure that the
rented premises comply with a
specified prescribed minimum housing
standard.
(2) An order under subsection (1) must
specify the prescribed minimum
housing standard and the time within
which it must be complied with.
71F If the tenant has not entered into
occupation
(1) This section applies if—
(a) the tenant has not entered into
occupation of the rented premises;
and
(b) the premises do not comply with a
prescribed minimum housing
standard; and
(c) a tenant has given the landlord a
notice under section 71A(2) or the
Director has given the landlord a
report under section 71B.
(2) If this section applies, a tenant is not
required—
(a) to enter into occupation of the
rented premises; and
(b) to pay rent for the rented premises
despite the tenancy agreement in
respect of the period beginning on
the agreed day on which the tenant
would otherwise have entered into
occupation of the premises and
ending on the day on which the
tenant actually enters into
occupation.
71G If the tenant has entered into occupation
before landlord is given notice or report
(1) A tenant may apply to the Tribunal for
an order authorising the tenant to pay
the rent under the tenancy agreement
into the Rent Special Account if the
tenant has entered into occupation of
the rented premises and—
(a) the tenant has given a notice to the
landlord under section 71A(2); or
(b) the Director has given a report to
the landlord under section 71B.
(2) The Tribunal may make an order
authorising the tenant to pay the rent
into the Rent Special Account if it is
satisfied that—
(a) the tenant gave the landlord a
notice under section 71A(2) or the
Director gave a report to the
landlord under section 71B; and
(b) the landlord has not ensured that
the rented premises comply with
the prescribed minimum housing
standards within 28 days after
being given the notice or the
report.
(3) If an order is made under subsection
(2), on application by the landlord, the
Tribunal may order that the whole or
such part of the rent as the Tribunal
may determine be paid to the landlord
if the Tribunal is satisfied that the
landlord has ensured or is ensuring that
the rented premises comply with the
relevant prescribed minimum housing
standard.".
6 Urgent repairs
In section 72(3) of the Residential Tenancies Act
1997, after "have an A rating" insert "or a rating
prescribed under section 69(b), whichever is the
higher rating".
7 New Division 5A inserted—rooming houses
After Division 5 of Part 3 of the Residential
Tenancies Act 1997 insert—
"Division 5A—Minimum housing standards—
rooming houses
128A Rooming house to comply with prescribed
minimum housing standards
(1) A rooming house owner must ensure the
rooming house and the rooms comply with
any prescribed minimum housing standard.
(2) A resident may give a written notice to a
rooming house owner stating that the
rooming house or a room does not comply
with a prescribed minimum housing
standard.
128B Director may investigate of own volition
(1) The Director, of his or her own volition, may
investigate whether a rooming house owner
has failed to ensure that the rooming house
or a room complies with a prescribed
minimum housing standard.
(2) If the Director is satisfied that the rooming
house or a room does not comply with a
prescribed minimum housing standard, the
Director must—
(a) give a written report of his or her
investigation to the resident and the
rooming house owner; and
(b) inform the resident that the resident
may make an application to the
Tribunal under section 128D.
128C Application to Director to investigate
whether rooming house meets standards
(1) A resident may apply in writing to the
Director to investigate whether the
rooming house owner has failed to
ensure that the rooming house or a
room complies with a prescribed
minimum housing standard if—
(a) the resident has given the rooming
house owner a written notice
under section 128A(2); and
(b) the rooming house owner has
failed to ensure that the rooming
house or the room complies with
the relevant prescribed minimum
housing standard within 28 days
after being given the notice.
(2) On an application under subsection (1),
the Director—
(a) must investigate; and
(b) may negotiate arrangements for
ensuring that the rooming house
or a room complies with the
prescribed minimum housing
standard, if the Director is
satisfied that the rooming house or
the room does not comply with
the standard; and
(c) must give a written report to the
resident within 28 days.
128D Application to Tribunal in relation to
minimum housing standards
(1) Within 60 days after receiving the
report of the Director under section
128B or 128C, a resident may apply to
the Tribunal for an order requiring the
rooming house owner to ensure that the
rooming house or a room complies with
a specific prescribed minimum housing
standard if the resident is of the view
that satisfactory arrangements have not
been made for complying with the
standard.
(2) A resident may apply to the Tribunal
for an order requiring the rooming
house owner to ensure that the rooming
house or a room complies with a
specified prescribed minimum housing
standard without the report of the
Director under section 128C if the
resident has not received that report
within 90 days after the resident made
an application under section 128C(1).
128E What can the Tribunal order?
(1) On an application under section 128D,
the Tribunal may make an order
requiring the rooming house owner to
ensure that the rooming house or the
room complies with a specified
prescribed minimum housing standard.
(2) An order under subsection (1) must
specify the prescribed minimum
housing standard and the time within
which it must be complied with.
128F If the resident has not commenced
occupancy of the room
(1) This section applies if—
(a) a resident has not commenced
occupancy of the room; and
(b) the rooming house or the room
does not comply with a prescribed
minimum housing standard; and
(c) the resident has given the rooming
house owner a notice under
section 128A(2) or the Director
has given the rooming house
owner a report under section
128B.
(2) If this section applies, the resident is
not required—
(a) to commence occupancy of the
room; and
(b) to pay rent despite section 112 in
respect of the period beginning on
the agreed day on which the
resident would have commenced
occupancy and ending on the day
on which the resident actually
commences occupancy.
128G If the resident has commenced occupancy
before rooming house owner is given
notice or report
(1) A resident may apply to the Tribunal
for an order authorising the resident to
pay the rent into the Rent Special
Account if the resident has commenced
occupancy of the room and—
(a) the resident has given a notice to
the rooming house owner under
section 128A(2); or
(b) the Director has given a report to
the rooming house owner under
section 128B.
(2) The Tribunal may make an order
authorising the resident to pay the rent
into the Rent Special Account if it is
satisfied that—
(a) the resident gave the rooming
house owner a notice under
section 128A(2) or the Director
gave a report to the rooming house
owner under section 128B; and
(b) the rooming house owner has not
ensured that the rooming house or
the room complies with the
prescribed minimum housing
standards within 28 days after
being given the notice or the
report.
(3) If an order is made under subsection
(2), on application by the rooming
house owner, the Tribunal may order
that the whole or such part of the rent
as the Tribunal may determine be paid
to the rooming house owner if the
Tribunal is satisfied that the rooming
house owner has ensured or is ensuring
that the rooming house or the room
complies with the relevant prescribed
minimum housing standard.".
8 Termination by tenant before possession
After section 226(a) of the Residential Tenancies
Act 1997 insert—
"(ab) do not comply with a prescribed minimum
housing standard; or".
9 Failure of landlord to comply with Tribunal order
In section 239(1) of the Residential Tenancies
Act 1997 after "under" insert "section 71E or".
10 Rent Special Account
In section 485(3) of the Residential Tenancies
Act 1997, for "section 77, 134 or 193" substitute
"section 71G, 77, 128G, 134 or 193".
11 Regulations
(1) After section 511(1)(d) of the Residential
Tenancies Act 1997 insert—
(e) minimum housing standards for rented
premises in relation to matters including, but
not limited to—
(i) sanitation, drainage, cleanliness and
repair of premises;
(ii) ventilation, insulation and heating;
(iii) protection from damp;
(iv) construction, condition, structures,
safety and situation of premises;
(v) the dimensions, cubical extent and
height of rooms in the premises;
(vi) security;
(vii) provision of water supply, storage and
sanitary facilities;
(viii) laundry and cooking facilities;
(ix) lighting;
(x) freedom from vermin infestation;
(xi) energy efficiency;
(ea) minimum housing standards for rooming
houses and rooms in relation to matters
including, but not limited to—
(i) sanitation, drainage, cleanliness and
repair of rooming houses;
(ii) ventilation, insulation and heating;
(iii) protection from damp;
(iv) construction, condition, structures,
safety and situation of rooming houses;
(v) the dimensions, cubical extent and
height of rooms in the rooming houses;
(vi) security;
(vii) provision of water supply, storage and
sanitary facilities;
(viii) laundry and cooking facilities;
(ix) lighting;
(x) freedom from vermin infestation;
(xi) energy efficiency;".
(2) After section 511(1) of the Residential Tenancies
Act 1997 insert—
"(2) If a regulation made under subsection (1)(e)
or (1)(ea) makes provision in relation to a
matter and provision is also made in relation
to that matter by, or under, any other Act or
regulation, the regulation made under
subsection (1)(e) or (1)(ea), as the case may
be—
(a) if not inconsistent with that other Act or
regulation, must be observed in
addition to that other Act or regulation;
and
(b) if inconsistent with that other Act or
regulation, is, to the extent of the
inconsistency, of no force or effect and
that other Act or regulation prevails.
(2A) A regulation made under subsection (1)(e) or
(1)(ea) is subject to disallowance by a House
of the Parliament.
Note
See section 23 of the Subordinate Legislation Act
1994.".
12 Transitional provision
After section 532 of the Residential Tenancies
Act 1997 insert—
"533 Transitional—Residential Tenancies
Amendment Act 2009
The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Residential
Tenancies Amendment Act 2009.".
(b) inform the resident that the resident
may make an application to the
Tribunal under section 128D.
128C Application to Director to investigate
whether rooming house meets standards
(1) A resident may apply in writing to the
Director to investigate whether the
rooming house owner has failed to
ensure that the rooming house or a
room complies with a prescribed
minimum housing standard if—
(a) the resident has given the rooming
house owner a written notice
under section 128A(2); and
(b) the rooming house owner has
failed to ensure that the rooming
house or the room complies with
the relevant prescribed minimum
housing standard within 28 days
after being given the notice.
(2) On an application under subsection (1),
the Director—
(a) must investigate; and
(b) may negotiate arrangements for
ensuring that the rooming house
or a room complies with the
prescribed minimum housing
standard, if the Director is
satisfied that the rooming house or
the room does not comply with
the standard; and
(c) must give a written report to the
resident within 28 days.
128D Application to Tribunal in relation to
minimum housing standards
(1) Within 60 days after receiving the
report of the Director under section
128B or 128C, a resident may apply to
the Tribunal for an order requiring the
rooming house owner to ensure that the
rooming house or a room complies with
a specific prescribed minimum housing
standard if the resident is of the view
that satisfactory arrangements have not
been made for complying with the
standard.
(2) A resident may apply to the Tribunal
for an order requiring the rooming
house owner to ensure that the rooming
house or a room complies with a
specified prescribed minimum housing
standard without the report of the
Director under section 128C if the
resident has not received that report
within 90 days after the resident made
an application under section 128C(1).
128E What can the Tribunal order?
(1) On an application under section 128D,
the Tribunal may make an order
requiring the rooming house owner to
ensure that the rooming house or the
room complies with a specified
prescribed minimum housing standard.
(2) An order under subsection (1) must
specify the prescribed minimum
housing standard and the time within
which it must be complied with.
128F If the resident has not commenced
occupancy of the room
(1) This section applies if—
(a) a resident has not commenced
occupancy of the room; and
(b) the rooming house or the room
does not comply with a prescribed
minimum housing standard; and
(c) the resident has given the rooming
house owner a notice under
section 128A(2) or the Director
has given the rooming house
owner a report under section
128B.
(2) If this section applies, the resident is
not required—
(a) to commence occupancy of the
room; and
(b) to pay rent despite section 112 in
respect of the period beginning on
the agreed day on which the
resident would have commenced
occupancy and ending on the day
on which the resident actually
commences occupancy.
128G If the resident has commenced occupancy
before rooming house owner is given
notice or report
(1) A resident may apply to the Tribunal
for an order authorising the resident to
pay the rent into the Rent Special
Account if the resident has commenced
occupancy of the room and—
(a) the resident has given a notice to
the rooming house owner under
section 128A(2); or
(b) the Director has given a report to
the rooming house owner under
section 128B.
(2) The Tribunal may make an order
authorising the resident to pay the rent
into the Rent Special Account if it is
satisfied that—
(a) the resident gave the rooming
house owner a notice under
section 128A(2) or the Director
gave a report to the rooming house
owner under section 128B; and
(b) the rooming house owner has not
ensured that the rooming house or
the room complies with the
prescribed minimum housing
standards within 28 days after
being given the notice or the
report.
(3) If an order is made under subsection
(2), on application by the rooming
house owner, the Tribunal may order
that the whole or such part of the rent
as the Tribunal may determine be paid
to the rooming house owner if the
Tribunal is satisfied that the rooming
house owner has ensured or is ensuring
that the rooming house or the room
complies with the relevant prescribed
minimum housing standard.".
8 Termination by tenant before possession
After section 226(a) of the Residential Tenancies
Act 1997 insert—
"(ab) do not comply with a prescribed minimum
housing standard; or".
9 Failure of landlord to comply with Tribunal order
In section 239(1) of the Residential Tenancies
Act 1997 after "under" insert "section 71E or".
10 Rent Special Account
In section 485(3) of the Residential Tenancies
Act 1997, for "section 77, 134 or 193" substitute
"section 71G, 77, 128G, 134 or 193".
11 Regulations
(1) After section 511(1)(d) of the Residential
Tenancies Act 1997 insert—
(e) minimum housing standards for rented
premises in relation to matters including, but
not limited to—
(i) sanitation, drainage, cleanliness and
repair of premises;
(ii) ventilation, insulation and heating;
(iii) protection from damp;
(iv) construction, condition, structures,
safety and situation of premises;
(v) the dimensions, cubical extent and
height of rooms in the premises;
(vi) security;
(vii) provision of water supply, storage and
sanitary facilities;
(viii) laundry and cooking facilities;
(ix) lighting;
(x) freedom from vermin infestation;
(xi) energy efficiency;
(ea) minimum housing standards for rooming
houses and rooms in relation to matters
including, but not limited to—
(i) sanitation, drainage, cleanliness and
repair of rooming houses;
(ii) ventilation, insulation and heating;
(iii) protection from damp;
(iv) construction, condition, structures,
safety and situation of rooming houses;
(v) the dimensions, cubical extent and
height of rooms in the rooming houses;
(vi) security;
(vii) provision of water supply, storage and
sanitary facilities;
(viii) laundry and cooking facilities;
(ix) lighting;
(x) freedom from vermin infestation;
(xi) energy efficiency;".
(2) After section 511(1) of the Residential Tenancies
Act 1997 insert—
"(2) If a regulation made under subsection (1)(e)
or (1)(ea) makes provision in relation to a
matter and provision is also made in relation
to that matter by, or under, any other Act or
regulation, the regulation made under
subsection (1)(e) or (1)(ea), as the case may
be—
(a) if not inconsistent with that other Act or
regulation, must be observed in
addition to that other Act or regulation;
and
(b) if inconsistent with that other Act or
regulation, is, to the extent of the
inconsistency, of no force or effect and
that other Act or regulation prevails.
(2A) A regulation made under subsection (1)(e) or
(1)(ea) is subject to disallowance by a House
of the Parliament.
Note
See section 23 of the Subordinate Legislation Act
1994.".
12 Transitional provision
After section 532 of the Residential Tenancies
Act 1997 insert—
"533 Transitional—Residential Tenancies
Amendment Act 2009
The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Residential
Tenancies Amendment Act 2009.".
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