Subdiv 1Rent and other charges

Subdivision 1—Rent and other charges 105E—Permissible consideration and statutory charges (1) A proprietor must not require or receive from a resident or prospective resident a payment, other than rent or a bond (or both), under a rooming house agreement, or as a condition to entering into, renewing or extending a rooming house agreement. (2) It is a term of a rooming house agreement that the proprietor must bear all statutory charges imposed in respect of the accommodation. (3) However, the proprietor may require a resident to make a payment— (a) for rates and charges for water supply; or (b) for the provision of electricity, gas or telephone services at the premises; or (c) for meals or other facilities or services (such as meals, cleaning and laundry of linen) provided by the proprietor, if the proprietor has, before the facilities or services were made available or provided to the resident, informed the resident in writing of the basis on which charges for those facilities or services would be made. (4) A proprietor must, before requiring a resident to make a payment for facilities or services, give the resident an itemised account setting out the resident's proportional use of the facilities or services. 105F—Rent in advance (1) A person must not demand or require another person to pay more than 1 weeks rent under a rooming house agreement before the end of the first week of the period of accommodation under the agreement. (2) If rent has been paid under a rooming house agreement, a person must not require a further payment of rent until the end of the last period for which rent has been paid. (3) A person must not require another person to give a post‑dated cheque or other post‑dated negotiable instrument in payment of rent under a rooming house agreement. 105G—Duty to provide statement or give receipt for payments (1) If a resident makes a payment under a rooming house agreement or an agreement collateral to a rooming house agreement, the proprietor must, at the reasonable request of the resident, give the resident a statement of the relevant information for each payment made during the period specified in the request (and such statement must be given to the resident within 7 days of the making of the request). (2) If a resident makes a payment under a rooming house agreement or an agreement collateral to a rooming house agreement other than into an ADI account, the person who receives the payment must, within 48 hours after receiving the payment, give the resident a receipt setting out the relevant information in respect of the payment. relevant information in respect of a payment means— (a) the date on which the payment was received; and (b) the name of the person making the payment; and (c) the amount paid; and (d) the address of the premises to which the payment relates; and (e) if the payment is for rent—the period of accommodation to which the payment relates; and (f) if the payment is a bond—a statement of that fact; and (g) if the payment is for facilities or services (other than accommodation)—a description of the facilities or services and the period to which the payment relates. 105H—Payment of rent by electronic transaction If a resident pays rent into an ADI account kept by the proprietor or the proprietor's agent, the payment will be taken to have been made when it is credited to the ADI account. 105I—Rent increases (1) A proprietor may increase the rent payable under a rooming house agreement by giving written notice to the resident specifying the date as from which the increase takes effect. (a) the right to increase the rent may be excluded or limited by the terms of the rooming house agreement; and (b) if accommodation at the rooming house is to be provided for a fixed term, the rooming house agreement is taken to exclude an increase in rent during the term unless it specifically allows for an increase in rent; and (c) the date fixed for an increase of rent must be at least 6 months after the date of the agreement or, if there has been a previous increase of rent under this section, the last increase and, subject to subsection (3), at least 4 weeks after the notice is given. (3) If a rent control notice that has applied in respect of the rooming house ceases to be in force, the proprietor may, by notice given under this section within 4 weeks after the rent control notice ceases to be in force, increase the rent for accommodation at the rooming house from a date falling at least 14 days after the notice is given. (4) If the rent payable under a rooming house agreement is increased under this section, the terms of the agreement are varied accordingly. (6) For the purposes of this section, a series of rooming house agreements between the same parties and relating to accommodation at the same rooming house is treated as a single rooming house agreement unless at least 6 months have elapsed since rent for accommodation at the rooming house was fixed or last increased. 105J—Rent decreases (1) The rent payable under a rooming house agreement may be reduced by mutual agreement between the proprietor and the resident. (2) The Tribunal may, on application by a resident, make an order for the reduction of rent payable under the rooming house agreement if satisfied that services or facilities ordinarily provided to the resident under the agreement will not be provided by the proprietor for a period of time. (3) A reduction of rent may be made on a temporary basis so that the rent reverts to the level that would have been otherwise applicable at the end of a specified period. (4) If the rent payable under a rooming house agreement is reduced under this section, the terms of the agreement are varied accordingly. (5) This section does not affect the operation of a provision of a rooming house agreement under which the rent payable under the agreement changes automatically on a basis set out in the agreement. (6) For the purposes of this section, a series of rooming house agreements between the same parties and relating to accommodation at the same rooming house is treated as a single rooming house agreement unless at least 6 months have elapsed since rent for accommodation at the rooming house was fixed or last increased.