Rooming houses, also known as boarding houses, are an integral part of affordable housing in Victoria. However, they come with a set of legal requirements and responsibilities for both residents and operators. This guide outlines everything you need to know about living in or managing a rooming house, including compliance, resolving disputes and where to seek assistance.

Rooming Houses and Their Legal Context

A rooming house is a property where one or more rooms are rented to four or more residents, typically sharing kitchens and bathrooms. These properties provide affordable housing, particularly for students, low-income earners, and those transitioning between housing options.

Key legal obligations associated with rooming houses include:

• Responsibilities of operators and residents
• Licensing and registration of operators
• Adherence to minimum standards for the property
• Limitations on room occupancy
• Rent payment procedures
• Enforcement of house rules
• Processes for eviction.

Operators must provide every resident with the Rooming House Residents Guide, as mandated by Consumer Affairs Victoria. This guide must be issued on or before the move-in date.

Exclusive vs. Shared Occupancy

One of the primary considerations for residents moving into a rooming house is whether their occupancy will be exclusive or shared. Operators are required to provide this information before a resident moves in.

For shared rooms, the operator must specify:

• The maximum number of residents allowed
• That the operator will select additional occupants
• That new occupants may move in without prior notification
• Rent for the shared arrangement and the amount for exclusive use.

If an operator wishes to increase the number of occupants in a room, written consent from current residents is required. The agreement is formalized through a Notice to Rooming House Resident – Consent to Increase in Room Capacity, which also details rent reductions for each occupant. Always verify the financial adjustment before consenting.

Operators’ and Residents’ Duties

A well-managed rooming house relies on both operators and residents fulfilling their responsibilities. These duties are designed to maintain a safe, functional, and respectful living environment for all occupants.

Operators Must:

• Maintain the property, rooms, and furniture in good condition
• Respect the privacy and quiet enjoyment of residents
• Ensure 24-hour access to rooms, bathrooms, and toilets
• Protect residents’ belongings from theft or damage.

Residents Must:

• Abide by the house rules
• Keep their rooms clean and undamaged
• Avoid causing harm to the property or others.

If duties are not met, either party may issue a Breach of Duty Notice, detailing the breach and corrective actions.

Inspections and Standards Compliance

To uphold quality and safety, residents and operators must ensure that rooming houses meet legal standards. Residents can request inspections by Consumer Affairs Victoria to ensure compliance with minimum standards, such as:

• Reasonable rent increases align with market trends and must not overly burden residents. Operators are required to justify rent increases with relevant data, adhering to the Residential Tenancies Act 1997.
• Proper property maintenance and timely repairs
• Adherence to safety, privacy, and security standards.

Consumer Affairs Victoria may conduct unannounced inspections and share findings with both operators and residents. Operators must address issues promptly, or residents may escalate to the Victorian Civil and Administrative Tribunal (VCAT) using the report as evidence.

Charges Beyond Rent

In addition to rent, operators may offer optional services like cleaning or meal preparation. However, these services must be communicated with a detailed cost breakdown prior to move-in. Separate charges for utilities, such as electricity or gas, are permitted only if:

• The room has its own meter
• The occupancy is exclusive or not shared

Utility charges cannot exceed the operator’s direct costs from suppliers.

Ensuring Privacy

Privacy is a fundamental right for residents in rooming houses. Victorian law outlines specific conditions under which operators may enter a resident’s room. In cases of privacy violations, residents have avenues to seek redress through Consumer Affairs Victoria or the Victorian Civil and Administrative Tribunal (VCAT).

Notice Requirements for Entry:

• 24 hours for inspections or showing the room to prospective residents
• 48 hours for general inspections, limited to once every four weeks.

Operators may only enter without prior notice in emergencies, with the resident’s consent, or as specified in house rules.

Eviction Process

Evictions in rooming houses must follow strict legal procedures, and every legal eviction action requires the operator to issue a Notice to Vacate. This notice specifies the reason for eviction and the date by which the resident must leave. It is crucial for residents to document all communications and interactions with the operator to protect their rights.

Legal Grounds for Eviction

1. Immediate Notice to Vacate

A Notice to Vacate can be issued immediately if a resident or their visitor:

• Causes severe damage to the rooming house
• Threatens the safety of other residents, the operator, or workers
• Seriously disrupts the quiet enjoyment of other residents.

• Two-Day Notice to Vacate

This notice applies if:

• Rent is overdue by seven days
• Illegal activities are conducted on the premises
• A compliance order from VCAT has been breached.

• Eviction Due to Violence

In cases of violence or severe safety risks:

• A Notice to Leave may be issued, requiring immediate departure, and barring the resident from returning for up to two business days. During this period, the operator may file for permanent eviction at VCAT.
• Alternatively, a Notice to Vacate may be issued for violent behavior, effective immediately or on a specified date. Further action will depend on the operator’s application to VCAT for a possession order if necessary.

What Happens After a Notice to Vacate?

If the resident does not leave by the date in the notice, the operator can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a possession order. VCAT will consider whether the eviction is reasonable and proportionate before deciding.

If a possession order is granted and the resident does not vacate, the operator can obtain a warrant for eviction, which can only be enforced by the police.

Challenging a Notice to Vacate

Residents can challenge a Notice to Vacate if:

• The notice was not issued correctly.
• The grounds for eviction are invalid.

They can also request additional time to move. Support from legal professionals can assist with navigating the VCAT process and advocating for residents’ rights.

Assistance for Residents Facing Eviction

For those struggling to secure housing post-eviction, services like Opening Doors offer referrals to housing assistance programs. Acting promptly and seeking advice is crucial to protecting rights and securing accommodation.

Residents must attend VCAT hearings to dispute eviction notices or request extensions. Failing to appear could result in unfavorable outcomes. Legal services can provide guidance and representation for these hearings.

Dispute Resolution

Resolving disputes between residents and operators can follow these steps:

1. Seek Advice: Begin by contacting Consumer Affairs Victoria, which offers expert advice and can inspect properties to determine compliance with tenancy laws.

• Seek Legal Advice: Residents should consider seeking legal advice early. Legal advice can clarify tenant rights, assist in drafting necessary documentation, and prepare residents for mediation or tribunal hearings.

• Mediation: Attempt informal resolution through direct communication or mediation services provided by Consumer Affairs Victoria.

• Escalate to VCAT: If mediation fails, file a formal complaint with the Victorian Civil and Administrative Tribunal (VCAT), which handles tenancy disputes, rent disagreements, and eviction hearings.

Key Legislation

1. Residential Tenancies Act 1997: Establishes the rights and responsibilities of both rooming house operators and residents, covering areas such as rent, privacy, and eviction processes.

• Consumer Affairs Legislation Amendment Act 2010: Introduced reforms to strengthen protections for residents, including mandatory minimum standards for rooming houses.

• Public Health and Wellbeing Act 2008: Ensures rooming houses meet public health and safety requirements, including sanitation and living conditions standards.

Resources and Support Services

For more information and assistance, contact the following:

1. Victorian Civil and Administrative Tribunal (VCAT): Handles formal dispute resolution, including tenancy disputes, eviction hearings, and rent disagreements, ensuring fair outcomes for both residents and operators.

• Consumer Affairs Victoria: Provides comprehensive guidance on tenancy rights and responsibilities, including support for disputes, property standards, and eviction processes.

• Tenants Victoria: Offers detailed fact sheets and a practical residents’ handbook, covering a wide range of tenancy issues such as house rules and dispute resolution.

• Victoria Legal Aid: Delivers free legal advice and representation for eligible residents dealing with tenancy-related matters.

• Opening Doors: Connects individuals with housing support services, including emergency accommodation and long-term housing solutions. Call 1800 825 955 for referrals.

Conclusion

Rooming houses are vital in Victoria’s housing landscape, offering affordable accommodations for vulnerable populations. Both residents and operators benefit from understanding the legal framework to ensure compliance, uphold rights, and foster peaceful living environments.

For further help, consult or seek professional legal advice from Pentana Stanton Lawyers. With extensive experience in tenancy and housing law, Pentana Stanton Lawyers can assist with resolving disputes, eviction cases, understanding your rights as a resident or operator, and ensuring compliance with housing regulations. Visit our website at Pentana Stanton Lawyers for more information and to book a consultation.