2.3.2 Option 2 (all of option 1 and the following detailed amendments to certain provisions) RAAV suggests that the following amendments be made to underpin the new model. Relevant Provisions: The tenant may change the barrel of a lock device in a lock that complies with RTA’s minimum standards with consent from the owner or operator. If the tenant installs a lock which is not mandated under tenancy or building laws, the operator may notify the tenant that the lock does not meet the minimum standards and can remove the lock. Define a duty for urgent repairs by tenant: This would be applicable where an essential safety item has been tampered with, broken or removed. These items would be defined these items to include: Smoke detectors, fire blankets, fire hoses, fire extinguishers, safety information, mandated rooming house safety provisions. Notice to vacate for urgent repairs: After ignoring three notices of a breach which have been issued by the operator, allow a notice to vacate be served if any essential safety item requires repair. Notice to vacate for damage: Make this provision available, and only require damage be serious, intentional or reckless, but not require it be malicious as under Part 2. Notice to vacate for hoarding: Allow a vacate notice be issued where hoarding exists in the bedroom, the house or the property if it is supported by the MFB or CFA clutter rating scale if it is above point” . “set Notice to vacate for negligent water or utilities usage: Allow a notice to be served if after three warnings, the tenant tampers with cost saving and energy efficient devices. Duty to pay rent (s112): Make the method of rent payment a duty also under Part 2 for rooming houses so that the manager has the option of serving this alternative notice in the case of late payment by repeat offenders, despite the presence of a lease. Notice for breach for interference with (s113): Extend the provision which is available to also protect owners, neighbours and councils.
2.3.2 Option 2 (all of option 1 and the following detailed amendments to certain provisions) RAAV suggests that the following amendments be made to underpin the new model. Relevant Provisions: The tenant may change the barrel of a lock device in a lock that complies with RTA’s minimum standards with consent from the owner or operator. If the tenant installs a lock which is not mandated under tenancy or building laws, the operator may notify the tenant that the lock does not meet the minimum standards and can remove the lock. Define a duty for urgent repairs by tenant: This would be applicable where an essential safety item has been tampered with, broken or removed. These items would be defined these items to include: Smoke detectors, fire blankets, fire hoses, fire extinguishers, safety information, mandated rooming house safety provisions. Notice to vacate for urgent repairs: After ignoring three notices of a breach which have been issued by the operator, allow a notice to vacate be served if any essential safety item requires repair. Notice to vacate for damage: Make this provision available, and only require damage be serious, intentional or reckless, but not require it be malicious as under Part 2. Notice to vacate for hoarding: Allow a vacate notice be issued where hoarding exists in the bedroom, the house or the property if it is supported by the MFB or CFA clutter rating scale if it is above “set point” . Notice to vacate for negligent water or utilities usage: Allow a notice to be served if after three warnings, the tenant tampers with cost saving and energy efficient devices. Duty to pay rent (s112): Make the method of rent payment a duty also under Part 2 for rooming houses so that the manager has the option of serving this alternative notice in the case of late payment by repeat offenders, despite the presence of a lease. Notice for breach for interference with (s113): Extend the provision which is available to also protect owners, neighbours and councils.
RAAV-_submission_to_the_RTA_review_-_Alternate_forms_of_tenure.docx