Residential Tenancies Amendment (Housing Standards) Bill 2009

This bill attempts to lift the standards for accommodation in boarding and rooming houses in Victoria. According to Greg Barber, the Victorian MLC who introduced this bill, "there are approximately 4500 people living in rooming houses in Victoria, implying between 700 and 900 rooming houses across the state, and over 380,000 of Victoria's households are private rentals. The private rental market is largely an informal sector of small operators. .. We are regularly presented with stories of people living in appalling conditions that offend public standards and expectations. This bill will provide the impetus for the state government to conduct further research so as to determine the standard of housing stock and an appropriate minimum standard that will improve housing at the bottom end."

In his second reading speech, Mr Barber goes on to say, "There are two main functions that are established by this bill. Firstly, it vests in the minister the power to set permanent or temporary quality standards for either rooming houses or regular tenancy agreements or both. The second function that the bill provides for is a series of dispute procedures if the landlord does not voluntarily take steps to bring the premises up to the declared standard. The tenant is able to instigate the process by informing the landlord they have not met the required standard. If there has been no action after 28 days, the tenant can inform the director of consumer affairs, who is then obliged to inspect the premises and file a report within 28 days. If the report declares that the dwelling does not meet that standard, then the aggrieved tenant can seek an order from VCAT that the premises be brought up to that standard. The tenant may also seek an order that they withhold their rent .

Residential Tenancies Amendment (Housing Standards) Bill 2009 and Explanatory Memorandum
Greg Barber Second Reading Speech and Statement of Compatibility in the Victorian Legislative Council

Victorian Acts amended by the bill include:
Residential Tenancies Act 1997

Related Victorian Acts & Regulations:
Landlord and Tenant Act 1958
Housing Act 1983
Residential Tenancies Regulations 2008

The Victorian Department of Human Services has commissioned numerous reports that examine the issues of homelessness and housing affordability for disadvantaged and low-income Victorians. The quarterly rental report for March 2009 can be viewed here .

Consumer Affairs Victoria have a website on rooming houses which includes forms available for rooming house tenants.

Useful Websites

Consumer Affairs Victoria (CAV) advises and educates tenants and landlords on their rights, responsibilities and changes to the law. They are an excellent starting point for tenants who may be experiencing problems with their landlord with regards to maintenance issues.

The Council to Homeless Persons (CHP) represents the views of agencies or organisations that work to assist people experiencing homelessness.

The Victorian Council of Social Service (VCOSS) performs an important lobbying role in representing the position of disadvantaged Victorians.

The Homeless Persons' Legal Clinic (HPLC) is a project of PILCH . The HPLC provides a free and specialist legal service to assist people who are homeless or at risk of becoming homeless. 

The Rural Housing Network is the largest social and community housing organisation within the Hume region of Victoria . They are involved in addressing issues related to housing affordability, homelessness and housing disadvantage.

The Office of Housing funds a specialist women's housing organisation called Women's Housing Limited (WHL). They are specifically concerned with tenancy related issues for homeless women or those at risk of being made homeless due to domestic violence issues. They also have extensive experience assisting women that have recently been released from the corrections system. There are currently 34 registered agencies that assist in the provision of affordable and secure housing for disadvantaged and low-income people.

The Tenants Union of Victoria aims to inform and educate tenants about their rights, to improve the status and conditions of tenants and to represent and speak for the collective interests of tenants in law and policy making. They provide advice, assistance and advocacy for tenants of private and public residential properties and residents of rooming houses and caravan parks in Victoria .

Victoria Legal Aid helps people with their legal problems and protects the rights of socially and economically disadvantaged Victorians.

Housing for the Aged Action Group works towards the alleviation of housing related poverty for older Australians and to provide housing support services to disadvantaged older Victorians.

The Consumer and Tenant Resource Centre (CATRCOE) is a community group funded by Consumer and Business Affairs Victoria to provide free consumer and tenancy information to the people of the Shire of Yarra Ranges and the Cities of Knox and Maroondah.

Residential tenancy legislation around Australia:

South Australia - Housing Improvement Act (1940) and Housing Improvement (Standards) Regulations (2007)
Legislation in the A.C.T contains some provisions regarding the advertisement of energy efficiency ratings in Section 11A of the Residential Tenancies Act (1997).

Tenants of rooming houses and similar types of social accommodation are not currently protected by any similar legislation in New South Wales . A summary of proposed legislative reforms, prepared by the Tenant's Union of NSW can be viewed here .

Queensland – Residential Tenancies and Rooming Accommodation Act (2008)

Queensland – Part 5 of the Residential Tenancies and Rooming Accommodation Regulations (2009) contains provisions for water efficiency requirements.

Tasmania – Residential Tenancy Act (1997)  

Government media releases on rooming houses and residential tenancy

Victorian Greens statements on rooming houses.

Liberal Party opposition media releases:
LABOR ROOMING HOUSE INITIATIVES TOO LITTLE, TOO LATE
WYNNE SHOWS HIS GLASS JAW OVER ROOMING HOUSE FAILURES
BRUMBY GOVERNMENT FAILS HOMELESS

ABC News reports on rooming houses and transcript from ABC's Stateline, 'Rooming houses close doors & homelessness rises'


Last updated 24 July 2009
For further information, contact the Library on 9651 8640.