The
Residential Services (Accommodation) Act 2002 and the
Residential Services (Accommodation) Regulation 2002 commenced on the 23 August 2002 and was amended to include the coverage of rooming style student accommodation in 2003.
The Act and Regulation apply to the residential services sector comprising of boarding houses, aged care rental complexes, hostels and rooming style student accommodation.
The legislation was introduced in tandem with the
Residential Services (Accreditation) Act 2002 as part of an integrated strategy of legislation, resident support measures and industry assistance aimed at improving standards in the residential services sector. This sector is one of few parts of the rental market which did not have legislative protection.
The aim of the Accommodation Act is to strike a fair balance between the interests of residents and service providers. It does this by setting out the rights and responsibilities of both parties in regard to the accommodation provided. It is administered by the Residential Tenancies Authority.
The Accreditation Act, administered by the
Office of Fair Trading, sets up a mandatory accreditation and standards system.
Key features of the Accommodation Act include:
- the provision for written residential services agreements between service providers and residents so that each party is clearly aware of their rights and responsibilities.
- inclusion of standard terms and house rules in residential services agreements, as well as the amount of rent payable and the components of the rent attributable to accommodation, any food service, personal care service or other service.
- provision for rules to be made by a service provider in specific areas such as the use of shared facilities, parking, or noise. Any house rules must be given to residents and displayed prominently.
- processes for residents to dispute rule changes.
- requirements to maintain rent receipts and records.
- procedures for rent increases and decreases.
- prohibition of the seizure of a resident's goods in lieu of rent or another amount due
- requirements for the handling and lodgement of rental bonds with the Residential Tenancies Authority
- grounds for entry to rooms by service providers and procedures which must be followed
- procedures to deal with disputes between residents and service providers including a three-stage dispute resolution process involving self-resolution, conciliation, and if necessary, arbitration by the Small Claims Tribunal
- notice periods for the termination of residential services agreements either by providers or residents.
