Sharing rooms (rooming houses)
This information is a guide and should not be used as a substitute for professional legal advice.
Rental Dispute Resolution Victoria (RDRV) now handles some rental disputes instead of VCAT. Until we roll out more information, see our RDRV overview: tenantsvic.org.au/rdrv/
In rooming houses some rooms are shared by 2 or more people. There are two kinds of shared rooms – sharing with people you choose or sharing with people the rooming house operator chooses.
Room type
Before you move in the rooming house operator must give you a notice telling you if you will be renting a room by yourself or a shared room.
The operator must use the official Consumer Affairs Victoria (CAV) forms.
Room to yourself
If you are the only person renting your room, you will have an ‘exclusive occupancy right’.
When you have an exclusive occupancy right, the rooming house operator cannot move anyone else into your room.
Sharing with someone you choose
If you are sharing a room with someone you have chosen, like your partner, but no-one else, you will also have ‘an exclusive occupancy right’.
The rooming house operator cannot move anyone else into your room.
Moving a partner in – increased costs
If you start out renting a room by yourself, but later want your partner to move in, your own rent will be reduced, but the amount you pay together could be more than what you were paying on your own.
Rents in rooming houses are based not only on renting the room but also on using shared facilities and utilities such as electricity.
Having someone move into your room will increase the use of facilities and utilities in the house, so you could end up paying more together than you would if you were renting the room on your own.
If you have had someone move in with you, and think the rent being charged is too high, you can challenge this by writing to Consumer Affairs Victoria and asking them to investigate.
You must do this within 30 days of your partner moving in and the new rent being charged. Find out more about challenging a rent increase on our page about rent increases.
Other shared rooms
The other type of shared room is where the rooming house operator decides who will share your room with you.
There are laws the rooming house operator must follow for these types of shared rooms.
How many can share?
The number of people who can legally share a room is called the ‘room capacity’ and depends on the size of the room.
For example, only one person can live in a bedroom with a floor area of less than 12 square metres.
Two people can share a bedroom with a floor area of 12 square metres or more. An additional person is permitted in rooms larger than that for every extra 4 square metres.
Increasing the capacity
If the number of people sharing your room is not already at capacity, the rooming house operator can ask to add an extra person, or people.
If they want to do this, they must give all the residents in your room an official notice asking for everyone’s permission.
The notice needs to say how many people they want to share the room.
You do not have to agree to having your room capacity increased. It cannot be increased unless all the residents in your room agree.
Do not sign the form if you do not agree.
If you agree, but later change your mind, you have 3 days from the time you signed the form to take back your permission.
To do this you need to sign and date the second page of the form and give it back to the rooming house operator.
Reducing the rent
If the rooming house operator wants to increase the room capacity, they must also reduce your rent – even if no extra residents end up moving in.
The notice asking for permission to increase the capacity needs to say what the new rent will be.
The new rent will start 7 days after all the residents in your room have given their permission.
If you think the rent has not been reduced enough, you can write to Consumer Affairs Victoria and ask them to investigate.
You must do this within 30 days of getting the notice asking for your permission to increase the capacity.
We recommend you use the form for requesting a rent assessment on the Consumer Affairs Victoria (CAV) website.
Extra residents in room without permission
The rooming house operator is breaking the law if they increase the room capacity without first getting written permission from all the residents in the room.
If your room was offered to you as a room for your use only, and the rooming house operator moves an extra person in without getting your permission and giving you the correct notice, we recommend you report this to Consumer Affairs Victoria. It can fine the operator.
You do not have to agree to the increase in the number of people. However, if the operator does move an extra person into your room without your permission, you may be entitled to claim compensation.
We recommend you apply to the Victorian Civil and Administrative Tribunal (VCAT) for a restraining order to stop the room from being shared, or for compensation. Claims for compensation may include a rent reduction if the rooming house operator did not follow the correct legal steps to move the extra person into the room.
If you moved into a room that was offered as shared, and you are currently the only occupant, the operator can move someone in without your permission.
Shared rooms general rights
Electricity, gas, and water bills
If you have a shared room, you do not have to pay for electricity, gas, or water, even if there is a separate meter to measure usage of these for your room.
Peace and quiet
All residents are required to respect each other’s right to peace and quiet. This applies to residents in your room, in other rooms and in common areas.
The rooming house operator also has to respect the right of all residents to live in peace and quiet.
If your peace and quiet is disturbed, you can give the rooming house operator a breach of duty notice. For more information, see our page about duties and breaches (rooming houses).
Operator entering your room
The rooming house operator also needs to respect your right to privacy. However, they can enter your room in these situations:
- Every resident in your room agrees
- There is an emergency, and they need to save someone’s life or valuable property
- They need to provide a service you have paid for, such as delivering clean sheets, and they only enter during the hours in the house rules
- They have given a reason allowed under Victorian rental laws and the correct written notice under the law
For more information, see the ‘Privacy and entry to your room’ section on our page about living in a rooming house.
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
Duties and breaches (rooming houses)
Living in a rooming house
Moving in (rooming houses)