Residential Tenancies Tribunal

Full description

The Residential Tenancies Tribunal commenced operation in November 1981 following proclamation of the Residential Tenancies Act, 1980. The Tribunal was established to adjudicate in disputes between landlords and tenants engaged in a tenancy agreement. Under the Residential Tenancies Act either party in a tenancy agreement could, if a dispute arose, apply to the Registrar of the Tribunal for the matter to be heard by the Tribunal and a ruling made. The Act also established laws relating to a range of tenancy matters including procedures for the payment of rent and bonds, rent increases, the entering into and termination of tenancy agreements and the rights and duties of landlords and tenants. These laws provide the basis for all determinations made by the Tribunal.

Prior to 1980 most of the law relating to residential tenancy was embodied in the Landlord and Tenant Act, 1958. Most of the provisions of this Act related to premises known as prescribed (or controlled) premises. These were premises subject to special tenancy conditions, including rent control. The Fair Rents Boards were responsible for rent determination of prescribed premises until 1982 when responsibility was transferred to the Residential Tenancies Tribunal. From that time the Residential Tenancies Tribunal has sat as the Fair Rents Board to determine applications regarding prescribed premises under Part V of the Landlord and Tenant Act and took on the powers and responsibilities of Magistrates Courts relating to the making of orders for the recovery of possession of prescribed premises by landlords.

Although applications for the recovery of possession of prescribed premises were still made to and heard by Magistrates Courts, such applications were usually determined by the Residential Tenancies Tribunal. (For a more detailed description of the administration of prescribed premises see VA 2586, Fair Rents Board.)

Two further jurisdictions have been added to the responsibilities of the Residential Tenancies Tribunal. The Caravan Parks and Moveable Dwellings Act (No.51 of 1988) assigned rights and responsibilities to owners of caravan parks or caravans, on the one hand, and residents who rent caravans or caravan sites on the other. The Residential Tenancies Tribunal determined disputes between owners and residents. The Rooming Houses Act (No.33 of 1990) similarly assigned rights and responsibilities to rooming house owners (and mortgagees) and to residents and the Tribunal similarly determined disputes between owners and residents.

A hearing of the Tribunal could take place anywhere in Victoria, as necessary. Members of the Tribunal are appointed by the Governor-in-Council and had to be (or eligible to be), a barrister and solicitor of the Supreme Court or a stipendiary magistrate. An application to the Tribunal was heard by one member of the Tribunal.

The Tribunal operated closely with the Ministry of Consumer Affairs and its successors in administering the Residential Tenancies Act, in particular in raising awareness of disputes and in further developing policy and legislation in relation to residential tenancy.

Administrative support to the Tribunal was provided by the Ministry of Consumer Affairs to 1992 and was since provided by the Department of Justice through its Courts, Tribunals and Registries Division. The Director of Consumer Affairs (later the Director of Fair Trading and Business Affairs) could request that certain applications made to the Tribunal be referred to him or her and the Tribunal may request the Director to investigate certain applications and report back to it. Responsibility for making determinations, however, lay with the Tribunal, which reported upon its operations to the Minister of Consumer Affairs.

Establishment of VCAT and the abolition of the Residential Tenancies Tribunal

The Victorian Civil and Administrative Tribunal was established under the Victorian Civil and Administrative Tribunal Act 1998. It was created as part of a package of reforms to improve the operation of the justice system in Victoria by amalgamating a number of tribunals.

The Residential Tenancies Tribunal was abolished under section 235 of the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998. VCAT subsequently assumed the jurisdiction that was exercised by the Residential Tenancies Tribunal.

Location of Records

See listing below and List of Holdings 1985, section 3.7.4.