Duties and breaches (rooming houses)
This information is a guide and should not be used as a substitute for professional legal advice.
Rental Dispute Resolution Victoria now deals with some rental disputes instead of VCAT. While we update our website see more info at: www.rdrv.vic.gov.au
Both you as a resident and the rooming house operator have duties that need to be followed under Victoria’s rental laws. If a duty is not followed, this is called a breach.
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.
Rooming house operator’s duties
The rooming house operator’s duties under Victoria’s rental laws, the Residential Tenancies Act 1997, include:
Access
The rooming house operator must give you:
- 24-hour access to your room
- 24-hour access to the toilet and bathroom
- Access to other facilities during reasonable hours
Contact details
The rooming house operator must give you:
- Their full name and address or their agent’s full name and address
- An emergency contact number
House rules
If there are any house rules, the rooming house operator must:
- Make sure they are reasonable
- Make sure they are followed and interpreted fairly
- Give you a copy, and put a copy up in your room
- Give you 7 days written notice if they want to change the rules
Statement of your rights and duties
The rooming house operator must:
- Give you a written statement of your rights and duties
- Put a copy of this statement up in your room
Security
The rooming house operator must make sure your property in your room is secure.
Minimum standards
The rooming house operator must make sure the rooming house meets minimum standards under the law.
These include things like a lock for your room, 2 working and safe power outlets in your room, privacy latches on the doors of shared bathrooms and toilets, and access to cooking facilities.
The full list of the minimum standards is on the Consumer Affairs Victoria (CAV) website.
Repairs
The rooming house operator must:
- Keep the rooming house in good repair
- Keep any inconvenience during repairs to a minimum
- Provide alternative facilities during repairs, if needed
- Pay charges for excessive usage caused by faults
Find out more on our page about repairs and maintenance.
Privacy, peace and quiet
The rooming house operator must make sure your privacy and 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
Giving a notice of breach of duty
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:
- Fix the problem and not do the same, or something similar, again, and/or
- Pay you compensation if you have suffered a loss because of their breach
You must use the official Consumer Affairs Victoria 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 about landlord breaches.
What happens next
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:
- Give them another notice of breach, and/or
- Apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that they must fix the breach and/or pay compensation
For more information, see our pages about:
Resident's duties
You also have duties under Victoria’s rental laws. As well as following these duties, you need to make sure your visitors do not breach any of them. Your duties include:
Your room
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.
Allowing access to your room
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.
Pets
Do not keep a pet without permission.
House rules
Follow the house rules.
Rent
Pay your rent on time.
Peace and quiet (‘quiet enjoyment’)
Do not disturb the peace or privacy of other residents.
Damage
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. Find out more on our page about disputing bond and compensation claims.
Safety devices
Do not interfere with safety devices, such as smoke alarms and fire hoses, unless it is necessary to do so.
Getting a notice of breach of duty
f 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:
- Fix the problem and not do the same, or something similar, again, and/or
- Pay compensation if they have suffered a loss because of your breach
The notice must also include:
- The duty they said you have breached
- Details of their loss or damage because of the breach
The notice must also say that if you do not do what the notice says, the rooming house operator may:
- Apply to VCAT for a compliance order and/or a compensation order
- Give you a notice to vacate if it is your third breach of the same duty, and you have been given breach notices for each previous breach
Notice must be given in the right way
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:
- In person
- By post – including extra time for delivery
- Electronically, such as by email or text – but only if you have agreed to receive notices this way
Check your mail, emails and messages
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.
What happens next
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:
- Give you another notice of breach of duty, and/or
- Apply to VCAT for an order that you must fix the breach and/or pay compensation
If you think you have been unfairly given a notice of breach of duty, it is a good idea to write to the rooming house 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.
VCAT hearings
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.
Repeated breaches – 2-day notice to vacate
You could be given a notice to vacate in 2 days in these situations:
- Successive breaches – if you have repeatedly breached your duties under the law and have already been given 2 breach notices for the same duty
- Failure to comply with a VCAT order – if VCAT has made a compliance order about you breaching your duties and you have not followed that order
For more information, see our page about notices to vacate and eviction.
More help
If you need more information or advice, see the ‘Useful contacts’ list on our main page about rooming houses.
Resources
View our handy pocket guide on moving into, living in, and moving out of, a rooming house.
The law
The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords (like rooming house operators) in numbered sections. See Part 3 of the Act for laws that specifically relate to rooming houses.
The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.
The Residential Tenancies (Rooming House Standards) Regulations 2023 set out the privacy, safety, security and amenity standards in rooming houses.
Related pages
Rooming houses
Applying to VCAT
Claiming compensation
Disputing bond and compensation claims
Notices to vacate and eviction
Repairs and maintenance