Subdiv 3Other obligations of proprietor

Subdivision 3—Other obligations of proprietor 105N—Use and enjoyment of room and facilities (1) It is a term of a rooming house agreement that the proprietor— (a) will not unreasonably restrict, or interfere with— (i) the quiet enjoyment of a room or facilities at the rooming house by the resident; or (ii) the reasonable peace, comfort or privacy of the resident in the resident's use of a room or facilities at the rooming house; and (b) will ensure that the resident has reasonable access (at all times) to the resident's room, and to the toilet and bathroom facilities; and (c) will exercise his or her right of access to the resident's room in a reasonable manner and will not stay in the room longer than is necessary to achieve the purpose of entry without the resident's consent. (2) A proprietor who, without reasonable excuse, contravenes a term of an agreement arising under subsection (1) is guilty of an offence. 105O—Security of premises and personal property (1) It is a term of a rooming house agreement that— (a) the proprietor will take reasonable steps to provide and maintain the locks and other devices that are necessary to ensure each resident of the rooming house may make his or her room reasonably secure; and (b) neither the proprietor nor the resident will alter or remove a lock or security device or add a lock or security device without the consent of the other; and (c) neither the proprietor nor the resident will unreasonably withhold his or her consent to the alteration or removal of a lock or security device by the other; and (d) the proprietor will take reasonable steps to ensure the security of personal property of each resident of the rooming house and, for that purpose, will provide each resident with a cupboard, or other similar facility, capable of being locked so as to enable the resident to keep personal property secure within his or her room. (2) A proprietor or resident who, without reasonable excuse, contravenes a term of an agreement arising under subsection (1) is guilty of an offence. 105P—Obligation to repair and keep room and premises clean (1) It is a term of a rooming house agreement that the proprietor— (a) must ensure that the resident's room and any facilities shared with other residents of the rooming house are in a reasonable state of repair when the resident enters into occupation of the room and must keep them in a reasonable state of repair having regard to their age, character and prospective life; and (b) must ensure that any facilities shared with other residents of the rooming house are kept in a reasonable state of cleanliness; and (c) must comply with statutory requirements affecting the rooming house; and (d) must give the resident not less than 14 days notice of renovations to be carried on at the rooming house; and (e) must, if required to carry out repairs to shared bathroom, toilet or laundry facilities, minimise inconvenience or disruption to the resident and, if necessary, provide temporary substitute facilities. (2) The obligation to repair applies even though the resident had notice of the state of disrepair before entering into occupation. (3) However, the proprietor will not be regarded as being in breach of the obligation to repair unless the proprietor— (a) has notice of the defect requiring repair; and (b) fails to act with reasonable diligence to have the defect repaired. 105PA—Minimum efficiency standards It is a term of a rooming house agreement that the proprietor will ensure that the requirements prescribed by the regulations relating to energy and water efficiency are complied with in relation to appliances, fittings or fixtures installed or replaced on or after the commencement of this section by the proprietor at the rooming house. This requirement does not apply to appliances, fittings and fixtures that were installed by the proprietor in the rooming house before the day on which this section commences (even though those appliances, fittings and fixtures remain in use in the rooming house on and after that day) but will apply when those appliances, fittings and fixtures are replaced on or after that day. 105Q—Sale of rooming house (1) It is a term of a rooming house agreement that— (a) the proprietor will give the resident written notice of the proprietor's intention to sell the rooming house not later than 14 days after the proprietor enters into a sales agency agreement for the sale of the premises; and (b) the rooming house will not be advertised for sale or made available for inspection by prospective purchasers before the day falling 14 days after the resident is notified of the proprietor's intention to sell the rooming house. (2) It is a term of a rooming house agreement that, if the rooming house is sold, the proprietor will give the resident written notice of the name of the purchaser and the date from which rent is to be paid to him or her. (3) A proprietor who, without reasonable excuse, contravenes a term of an agreement arising under this section is guilty of an offence.