Notice of breach of duty
If you or the rooming house operator breach any of your duties the other can give a ‘notice of breach of duty’ telling them to fix the problem, and/or pay compensation.
This information is a guide and should not be used as a substitute for professional legal advice.
If you or the rooming house operator breach any of your duties the other can give a ‘notice of breach of duty’ telling them to fix the problem, and/or pay compensation.
Rooming house operator’s duties under Victoria’s rental laws, the Residential Tenancies Act 1997, include those listed below.
The rooming house operator must give you:
The rooming house operator must give you:
If there are any house rules, the rooming house operator must:
The rooming house operator must:
The rooming house operator must make sure your property in your room is secure.
The rooming house operator must make sure the rooming house meets minimum standards under the law.
These include things like locks for resident’s rooms, 2 working and safe power outlets in residents’ rooms, privacy latches for shared bathrooms or toilets and access to cooking facilities.
A full list of the minimum standards is on the Consumer Affairs Victoria (CAV) website.
The rooming house operator must:
The rooming house operator must make sure your privacy or peace and quiet (called ‘quiet enjoyment’ in the law) are not unreasonably affected.
For example, they must not turn up to your room without giving you the correct notice
If the rooming house operator breaches any of their duties, you can give them a ‘notice of breach of duty’. This tells them they must:
You must use the official form for notices of breach of duty to rooming house operators.
For information on how to give a notice of breach of duty, see the section headed ‘Giving a notice (‘service’)’ on our page Landlord breaches.
If, within 3 days of the rooming house operator receiving your notice, they do not fix the problem, and/or pay the compensation, you can:
For more information on how to apply see our page Applying to VCAT.
Your duties under Victoria’s rental laws include those listed below.
You also need to make sure your visitors do not breach any of these duties.
Only use your room to live in. Do not use it for anything illegal.
Keep your room reasonably clean.
Do not add fixtures, such as picture hooks, without written permission.
If you have changed or added a lock, give the rooming house operator a key.
Allow the rooming house operator to come into your room if they have given you the correct written notice for a reason under the law.
Do not keep a pet without permission.
Follow the house rules.
Pay your rent on time.
Do not disturb the peace or privacy of other residents.
Report damage or breakdowns of facilities that need to be fixed.
Report damage caused by you, other than fair wear and tear caused by everyday use, such as worn carpet.
Pay compensation if the damage is your fault. If you do not agree that you should pay compensation, we recommend you do not pay anything until the operator has applied to VCAT, where you can give your side of the story.
Do not interfere with safety devices, such as smoke alarms and fire hoses, unless it is necessary to do so.
If the rooming house operator thinks you have breached any of your duties they can give you a ‘notice of breach of duty’. This tells you that you must:
The notice must also include:
The notice must also tell you that if you do not do what the notice says the rooming house operator may:
A notice of breach of duty must be given in the right way.
It cannot be left pinned to your door, or slipped under it.
It can only be given to you in one of 3 ways:
If you have agreed that the rooming house operator can send you notices electronically, make sure you check your emails and messages regularly.
Also check your post regularly, especially if you get a card from the post office telling you there is mail to collect.
Not getting a notice because you did not check your messages or collect your post will not stop the rooming house operator acting on it and taking it to VCAT
The notice will tell you that you have 3 days to fix the breach. It may also ask you to pay compensation.
If the rooming house operator believes you have not fixed the breach, and/or paid the compensation they asked for, within 3 days of you getting the notice they can:
If you think you have been unfairly given a notice of breach of duty, it’s a good idea to write to the operator explaining why you should not have received the notice. If the rooming house operator makes a VCAT application, you should also tell your side of the story at the VCAT hearing.
If the rooming house operator applies to VCAT they must send you a copy of their application.
VCAT will send you a hearing notice telling you the time, date, and place of the hearing.
At the hearing the rooming house operator will need to convince VCAT that you breached your duty.
You should go to the hearing so you can have your say and tell your side of the story.
For example, you may want to explain that you did not breach your duties and that the notice of breach should not have been given.
Take anything that can help you to the hearing.
For example, take photos or witnesses or witness statements that may help you defend against the rooming house operator’s claims.
You could be given a notice to vacate in 2 days in these situations:
For more information on notices to vacate see our page Notices to vacate (rooming houses).
For more information or help contact us, your local Tenancy Assistance and Advocacy Program (TAAP) service or Tenancy Plus provider for people in public and community housing.
Call our rooming-house phone line on 1800 068 860.
See the list below for links to the laws on duties and breaches for operators and residents in rooming houses.
Applying to VCAT
Compensation for renters
Living in a rooming house
Moving out (rooming houses)
Notices to vacate (rooming houses)
Evictions (rooming houses)