83VCAT orders—existing rooming house operator refused licence

83 VCAT orders—existing rooming house operator refused licence

(1) The Director may make an application to VCAT for VCAT to make an order under this section if the Authority refuses to grant a licence to an existing rooming house operator under section 16.

(2) VCAT must hear an application made under subsection (1) as soon as practicable after the period specified in section 42(3) during which the existing rooming house operator may apply to VCAT.

(3) If VCAT considers it appropriate, VCAT may make one or more of the following orders—

(a) an order requiring the existing rooming house operator to comply with a requirement specified by VCAT within, or for, a specified time;

(b) an order requiring the existing rooming house operator to enter into an undertaking to perform, or not to perform, certain tasks specified in the undertaking;

(c) any other order for the purpose of protecting the residents of a rooming house operated by the existing rooming house operator, including an order that requires the existing rooming house operator, within the period specified by VCAT—

(i) to notify each resident of a rooming house operated by the existing rooming house operator that the rooming house is to be closed; or

(ii) to notify each resident of a rooming house operated by the existing rooming house operator that the rooming house is to be operated by a different person from a specified date; or

(iii) to give each resident of a rooming house operated by the existing rooming house operator a notice to vacate under section 268A or 290A of the Residential Tenancies Act 1997 (as the case requires) by the date specified in the notice, being not more than 120 days after the end of the period within which the notice is to be given; or

(iv) to refund to a resident of a rooming house any payment of rent made in advance by that resident.

A notice to vacate under section 268A of the Residential Tenancies Act 1997 terminates any fixed term tenancy agreement under that Act between the rooming house owner and the resident of the rooming house: see section 219(2) of that Act.

Division 2—Consequential amendments