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VIC: Residential Tenancies Act Section 109A Director of Housing or registered housing agency may imp

Writer: David WoolfallDavid Woolfall

Updated: Sep 14, 2022

Director of Housing or registered housing agency may impose service charge on resident

(1) The Director of Housing or a registered housing agency may impose a service charge on a resident in a rooming house which has been declared to be a rooming house under section 19(2) or (3) for any water, central heating, laundry or utility services or facilities made available to the resident.

(2) Subsection (1) only applies if it is not possible or practicable to accurately measure the use by the resident of that service or facility.

(2A) A service charge must not exceed the cost of providing the service or facility to the resident. (3) A service charge may be increased or decreased by an amount in line with changes in the cost of providing the services or facilities.

(3A) If Homes Victoria or a registered housing agency imposes or varies a service charge on a resident, Homes Victoria or the registered housing agency, as the case requires, must give written notice to the resident of—

(a) the imposition of the service charge; or

(b) the increase or decrease made to the service charge, including particulars of the change in the cost of providing the services or facilities referred to in subsection (3).

(3B) A resident may apply to the Tribunal for an order requiring Homes Victoria or the registered housing agency, as the case requires, to withdraw or vary the amount of a service charge imposed under subsection (1).

(3C) On an application under subsection (3B), the Tribunal may order Homes Victoria or the registered housing agency, as the case requires, to—

(a) withdraw the service charge; or

(b) vary the amount of the service charge; or

(c) otherwise vary the service charge as the Tribunal thinks fit.

(4) In this section Homes Victoria includes any incorporated body that receives financial assistance from Homes Victoria for the purposes of providing non-profit housing.

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