Teacher Tenancy Guidelines for tenants

Teacher Tenancy
Guidelines for
renting a Teacher
House
Published by the
Communications Division
for Infrastructure and Sustainability Division
Department of Education and Training
Melbourne
December 2015
©State of Victoria (Department of Education and Training) 2015
The copyright in this document is owned by the State of Victoria
(Department of Education and Training), or in the case of some
materials, by third parties (third party materials). No part may be
reproduced by any process except in accordance with the provisions of
the Copyright Act 1968, the National Education Access Licence for
Schools (NEALS) (see below) or with permission.
An educational institution situated in Australia which is not conducted
for profit, or a body responsible for administering such an institution
may copy and communicate the materials, other than third party
materials, for the educational purposes of the institution.
Authorised by the Department of Education
and Training,
2 Treasury Place, East Melbourne, Victoria, 3002.
This document is also available on the internet at
http://www,education.vic.gov.au/teacherhousing
Contents
Welcome to your tenancy
3
1.
Beginning a Tenancy
4
Eligibility for a teacher house
4
Allocation of housing
4
Teacher Tenancy Agreement (lease)
4
Sharing arrangements (non-family or non-spouse/partner
2.
3.
relationship)
6
Contact details
6
Property condition reports
7
Security deposit
7
Rent
8
During the Tenancy
9
Landlord’s responsibilities
9
Checklist of
10
tenant’s responsibilities
10
Repairs
12
When can the agent or landlord enter the residence?
13
General Information
13
Care of your garden
13
Pets and animals
14
Pests and vermin
14
Security
15
Content insurance
15
Property improvements, modifications or inclusions
16
Energy requirements
16
Satellite/pay TV installation
16
Garbage bins
17
Contents continued
4.
Smoke detectors
17
Telephone line connection fees for new dwellings
17
Septic systems
17
Ending a Tenancy
18
How can the tenancy be ended?
18
Personal information
18
Complaint resolution
18
Applicable law
19
What do I need to do when I move out?
19
Welcome to your tenancy
Dear tenant
The information contained in these guidelines has been developed to assist you in
settling into your new home and as an important resource to provide you with
information when tenanting a Department of Education and Training teacher housing
residence.
The Department provides a number of residences for lease as an incentive to attract
new teachers to remote rural areas. They are not subsidised or provided as
permanent accommodation and are not part of an employment condition. The
residences are attached to the host school employing you and managed by a property
manager, who may be the school’s principal, business manager or, in some cases, a
local real estate agent.
These guidelines provide advice and information about your responsibilities as a
tenant and the landlord’s responsibilities. The responsibility for the teacher housing
portfolio resides with the Department’s Infrastructure and Sustainability Division’s
designated officers. Under the Education, Training and Reform Act 2006 (Vic), the
Minister is defined as the landlord and the landlord’s authorised officer has the
delegated authority to act on the landlord’s behalf.
While a teacher house is exempt from the Residential Tenancy Act 1997 (RTA), these
guidelines reflect the Act’s intentions.
Please take time to familiarise yourself with these guidelines and your Teacher
Tenancy Agreement. All inquiries should be directed to the property manager listed on
the agreement.
The Department trusts you will enjoy living in your new home and wishes you every
success in your appointment.
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1. Beginning a Tenancy
Eligibility for a teacher house
You must be currently employed by the Department to be eligible for a teacher house.
The host school’s principal or business manager is usually the teacher residence property
manager. The school will direct you to this person, who is the first point of contact regarding
the availability and tenancy arrangements. In some areas, a local estate agent may manage
the tenancies in consultation with the host school principal and the Department.
If you or your partner own residential accommodation within 40 kilometers of your place of
employment where you might reasonably live, you are only eligible for departmental housing
if, after granting housing for those teachers who have no other alternative, there is
accommodation available. You will be required to move out of the property immediately to
allow access to any new teacher tenants at a future date.
If you cease to be employed by the Department you will be required to vacate the property.
Allocation of housing
Allocation of teacher housing is administered by the host schools at the Department’s
direction and by its authorised officers. Properties may be re-allocated at any time to tenants
with a higher priority; for example, when a teacher with a family needs a three-bedroom home
currently occupied by a single teacher tenant. In some cases, tenants will be offered a shared
tenancy when availability is in short supply.
Sundry tenants (non-staff) will only be permitted to rent a teacher residence in
extenuating circumstances and only following written agreement with the
landlord or the landlord’s authorised officer within the Infrastructure and
Sustainability Division.
Sundry tenants leasing a teacher house are subject to the Residential
Tenancies Act 1997 and must by law be supplied with a copy of Renting a
Home: A guide for Tenants and Landlords published by Consumer Affairs
Victoria. This excludes sundry tenants in housing located on school grounds.
Teacher Tenancy Agreement (lease)
The Department is required to enter into a lease named a Teacher Tenancy Agreement
(agreement) with each teacher tenant. It is a legally binding document, which establishes the
rights and obligations of the tenant and landlord. As the tenant, you will be provided with a
copy of the agreement and these guidelines before entering into the lease.
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The school’s property manager or designated agent will arrange for the tenant to sign two
copies of the agreement, witnessed by them. They then forward both copies to the
Infrastructure and Sustainability Division to be signed by the landlord’s delegated officer. After
scanning a copy for its records, the Infrastructure and Sustainability Division will return both
copies of the agreement to the school, which will forward one copy to you, the tenant, and
retain the other. Agreement documents are available on the Teacher Housing website at
http://www,education.vic.gov.au/teacherhousing
Parties to the agreement
The parties to the agreement are the Minister (the landlord) and you as the approved teacher
tenant. The agreement is not transferable. If you share a dwelling with another teacher tenant,
you will each have a separate agreement.
Period of lease
The period of lease can be as the parties agree in weeks or months up to a maximum of five
years with an annual review every 12 months.
Duration of the agreement
An initial probationary period of three months will apply from the agreement commencement
date. If you comply with the terms of the agreement during that period, a monthly tenancy will
ensue, unless terminated by either party providing 21 days’ notice.
Probationary period
If you do not comply with the terms of the agreement during the probationary period, the
landlord or officer with delegated authority may give written notice requesting that you vacate
the premises immediately.
Contract teachers
If you are a contract teacher and your agreement expires at the end of a semester, but you
anticipate being awarded a new contract and want to remain in the residence, it is your
responsibility to make arrangements with the landlord’s officer within the Infrastructure and
Sustainability Division of the Department for an alternative method to pay rent during that
period or give notice to vacate. The host school must notify the division that the contract has
ended.
Notice
The landlord or the landlord’s officer may give the tenant 21 days’ notice of termination of the
agreement if:
1. The teacher has been on leave from employment at the host school for a period of
13 weeks or more.
2. The teacher’s employment at the host school ceased. (If the teacher’s effective date
of retirement of resignation is on or after 30 November only five business days’
written notice of termination is required.)
The Department retains the right to sue the teacher tenant for unpaid money or for damages
for breaches of its obligations under this agreement after its termination.
If the tenant continues to occupy the premises beyond the lease term, the lease will continue
on a monthly holding-over basis on the same terms and conditions. The agreement can then
be terminated by either party giving 21 days’ notice in writing to the other party.
In the event of your death while a tenant (and consequent end of employment at the school),
your domestic partner can continue to occupy the premises for a maximum period of three
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months after your death, upon request to the landlord or the landlord’s officer. The terms and
conditions (and rent payable) of the agreement entered into by the teacher will still apply.
Breach of agreement
The landlord or the landlord’s officer may terminate the agreement by 14 days’ notice in
writing or re-entry, if:


The rent is unpaid for 14 days after becoming due for payment.
The teacher does not meet its obligations under the agreement.
If a tenant is in breach of the Teacher Tenancy Agreement, the landlord’s officer within the
Infrastructure and Sustainability Division of the Department can serve a breach notice to the
tenant referring the dispute to an expert appointed by the President of the Law Institute of
Victoria for determination. The expert’s decision in relation to such a dispute is binding on all
parties.
Sharing arrangements (non-family or non-spouse/partner relationship)
Where teachers share accommodation, the rent and security deposit will be divided equally
between the numbers of teacher tenants.
You will be requested to vacate the premises if you make the living arrangements untenable
for other tenants. This will be adjudicated between the school and the landlord’s officer.
When a sharing arrangement ceases, or the number of teachers sharing decreases, the full
rental or appropriate proportion of the rental will be payable by the remaining tenant(s). You
will have the ability to terminate the lease in this event.
There may be some exceptions to this arrangement and they will be dealt with on a case-bycase basis adjudicated by the Department.
If you originally indicated a willingness to share accommodation with another teacher (and pay
a security deposit on that basis) but later decide against it, the full security deposit and rent for
the dwelling will be immediately payable by you.
Teacher tenants must not allow additional persons to reside in the premises (unless
immediate family or a partner of the lessee) or sub-let the whole premises without the prior
written consent of the Department.
The Department is entitled to withhold its consent if the proposed assignment or sub-lease is
contrary to its eligibility criteria for teacher housing accommodation.
Contact details
Landlord and agent contact details
The principal of the host school will usually be the first point of contact. If a property manager
has been appointed to manage the residence, you will be provided with their details on the
agreement schedule. A property manager can be the principal, business manager,
Infrastructure and Sustainability Division representative or a designated real estate agent.
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The Department’s Infrastructure and Sustainability Division has the overall responsibility for
the portfolio. The Division’s Teacher Housing Property Manager is the appointed property
manager over all teacher residences, and is the landlord’s designated officer.
The manager’s contact details are as follows:
Teacher Housing Property Manager
Infrastructure and Sustainability Division
Level 2, 2 Treasury Place
East Melbourne Victoria 3002
Phone: 96373082 (office hours)
Fax: 96372650
Your contact details
You should immediately advise the school, agent and or the landlord’s officer at the
Department if your contact details change during the tenancy.
Property condition reports
It is the property manager’s responsibility as an agent of the landlord to ensure that the
premises are reasonably clean on the day you move in. You are not required to pay rent while
waiting for the premises to be vacated or cleaned.
The property manager will prepare a Condition Report (see page 27, 28 or the website) on the
premises at the beginning of the tenancy, noting its general condition and cleanliness,
including fittings and fixtures.
As Tenant, you must sign the report (with comments if applicable) and return it within three
business days to the property manager who will return a copy to you. If a report is not
returned, the unsigned report will be taken as true and correct description of the property’s
condition at the time of your occupation.
Note: It is important that you keep a copy of the Condition Report in case of any
disputes at the end of your tenancy, as it may be used as evidence of damage at
the termination of the agreement.
It is suggested that either party should take a visual record of the residence using a digital
camera, storing the images on a CD-Rom, and giving the other party a copy.
The property manager will forward a copy of the Condition Report (not the CD-Rom) to the
Infrastructure and Sustainability Division along with the signed agreement.
Security deposit
The Department requires the payment of a security deposit from every tenant, an amount
equivalent to four weeks’ rent. This policy applies to all teacher tenants residing in dwellings
owned or managed by the landlord’s officer at the Department.
The security deposit and the rent are separate payments. Tenants are not permitted to use
the security deposit in lieu of rent.
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Payment methods
The security deposit is to be paid in full by bank cheque or money order and forwarded with
the signed Teacher Tenancy Agreement.
Refunds
All security deposits are lodged with the Department in a suspense account until cessation of
the tenancy agreement. There is no interest accrued on the deposit, but it is transferable from
one Department dwelling to another, and will be adjusted for the difference in rent for the new
property if applicable.
If you have complied with your obligations under the agreement, including leaving the dwelling
in a clean and habitable state and in accordance with the original condition report, the deposit
will be refunded to you at the end of the tenancy.
In order to receive the refund you must supply the Department with a Notice of Intention to
Vacate form (available from www.education.vic.gov.au), which includes your current bank
account details (BSB), a forwarding address and future contact details. It is your responsibility
to ensure that all information is provided before you leave. A minimum of two weeks’ notice is
required for the security deposit to be credited to your bank account.
Any dispute regarding the refund that cannot be resolved by negotiation between you and the
Department (or managing agent) can be referred to the Victorian Civil & Administrative
Tribunal (VCAT) – Civil Claims List, as per section 10 of the Fair Trades Act 1999 (not the
Residential Tenancy Act 1997).
Rent
Assessment and review
Rent will be increased periodically by the Department’s Infrastructure and Sustainability
Division in consultation with the host school; with due consideration given to local market
rents.
Payment
Rent payable starts from the date you collect the keys to the dwelling. All enquiries
concerning commencement, variation or cessation of rent should be directed to the host
school’s property manager.
The Department is authorised to deduct fortnightly rental payments from your salary under the
provisions of the Education and Training Reform Act 2006, as stated in the agreement. You
are required to sign the agreement and the property manager sends it to the landlord’s
delegated officer at the Department in order for deductions to be made before collecting the
keys to the residence.
Note: Access will not be provided to the residence until the agreement
has been received by the landlord or the landlord’s delegated officer.
It is your responsibility as tenant to ensure that your rent is up-to-date. If you are on a contract
and expect to be reinstated the following year, you must ensure that your contract is renewed
and details are forwarded to the Department by the end of the school year or arrangements
made to continue paying rent.
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Rental arrears
If you are in rental arrears of more than 14 days and fail to pay these arrears after being
advised by the landlord’s officer at the Department, the tenancy may be terminated with 14
days’ notice in writing.
Permanent and contract teachers
As a number of weeks may elapse between the start of your tenancy and the first rental
deduction from your salary, the rental account will initially be in arrears. For this reason, rental
deductions generally commence at twice the normal rate until your account is up-to-date. You
should ensure that you allow for these additional deductions by setting aside an appropriate
amount during the initial period for living expenses.
Note: Permanent and contract teachers can only pay rent by salary deduction
and cannot pay it directly to the host school’s property manager.
Casual teachers
If you are a casual teacher in a short-term rental arrangement of less than three months and
not on the Departmental salary system, you must remit rental payments directly to the
landlord’s officer at the Department by cheque or by a Quick Rent card provided at the start
of the tenancy. (Rent cards can be arranged with the property manager.)
Casual teachers are required to pay two weeks’ rent in advance before occupying the
dwelling, and then maintain the account two weeks in advance by regular payments
thereafter. The payments must be paid using the rental payment card, via BPAY through
telephone, internet banking or any Australia Post outlet. It is not possible for the Department
to set up a direct debit from your bank or financial institution.
2. During the Tenancy
The teacher tenancy agreement specifies that maintenance of the dwelling is a shared
responsibility between you and the Department.
Landlord’s responsibilities
The landlord, through an authorised officer, will:
•
•
•

ensure the dwelling is reasonably clean and habitable at the commencement of your
tenancy
allow you ‘quiet enjoyment of the dwelling
pay all statutory charges.
Note: If the dwelling is destroyed or damaged, by natural or other means, neither the
landlord nor his authorised officer at the Department is responsible for providing alternative
housing and the agreement may be brought to an end by five business days’ notice in
writing. However, if alternative suitable accommodation is available, you will receive priority
allocation.
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Checklist of tenant’s responsibilities
As a tenant, you must do the following.
•
Sign and return both copies of the Teacher Tenancy Agreement and the completed
Condition Report as instructed, within three business days of receipt.
•
Pay all charges in respect of the supply or use of services (except for installation costs and
charges for the initial connection of the service to the premises) including:
•
•
•
the cost of water consumption at the premises
all charges in connection with the consumption of bottled gas at the premises
(excluding the cost of the supply of the gas bottle)
alerting the local water authority and paying for water usage.
The Department is only responsible for the sewerage service and fees.
•
Ensure your rent is paid on time and kept up-to-date. Rent is paid through salary deduction
with authorisation provided via the agreement for permanent and contract teachers. Casual
teachers remit payment directly (see previous section).
•
Notify the Department immediately of any change in circumstances that may affect the way
you pay rent; for example, if your contract ceases over the Christmas period and you are no
longer being paid or you are going on unpaid leave.
•
If you are residing in flats or units you should cooperate with neighbouring tenants to keep
the common areas clean and tidy and adhere to any requests from the body corporate.
•
Provide your own contents insurance if required because the landlord does not insure the
tenant’s furniture and belongings.
•
Subject to fair wear and tear, you must keep the dwelling in a clean, good and substantial
condition and carry out all necessary repairs, having regard to the condition of the premises
as described in the Condition Report. Without limitation, the tenant must:
•
•
•
•
•
maintain the dwelling in a clean state, including removing cobwebs, dirt and mould,
disposing of rubbish, etc.
clean carpets and curtains (where soiling is not due to fair wear and tear)
clearing blockages caused by you or other persons on the premises with your
consent, through placing items causing obstruction down any sink, toilet or drain
maintain the garden, including arranging and paying for any lawn mowing.
Meet the cost of repairing any damage (excluding fair wear and tear) caused by you or any
visitor you invite or allow on to the premises. This damage repair includes:
•
replacing broken glass, where the breakage is caused by you, or other persons on
the premises with your consent
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•
•
•
damage to walls and doors by furniture, wall posters or careless picture hanging
(i.e. not fair wear and tear)
damage to floor coverings, window treatments or furnishings by burns, stains, etc.
any other repair or maintenance necessary because of your negligence or that of
other persons on the premises with your consent.
However, you not required to carry out structural or capital repairs unless you have caused
the damage giving rise to the need for them.
•
Allow access to authorised contractors and agents of the landlord or the landlord’s officer to
carry out necessary repairs and other services (subject to you receiving appropriate notice).
•
While the cleaning of gutters will be organised by the landlord, it is the tenant’s responsibility
to report if the gutters are full or overflowing.
•
Hanging of pictures or paintings must be carried out in a trades-like manner. On walls of
solid construction (brick or concrete block) a suitable plug must be used. Angle hooks,
screws, toggle bolts or similar devices may be used on walls of timber frame and
plasterboard construction.
•
You must not:
•
•
•
install fixtures without the prior consent of the landlord’s officer.
change locks without the prior consent of the landlord’s officer, who will arrange to
replace the keys or re-key existing locks where keys have been lost or stolen at
you cost.
use an adhesive method (e.g. Blu-Tack or velcro) for hanging pictures, as it will
eventually tear away paint or plaster. Stickers should not be placed on walls,
ceilings or doors. You must make good any damage to the walls caused by you
before vacating the dwelling. Should you not do so, you will be charged for the
necessary repairs.
•
Not interfere with the reasonable peace, comfort and privacy of other tenants or your
neighbours.
•
Not sub-let the dwelling or otherwise permit additional occupants into the dwelling.
•
Not operate any business enterprise from the dwelling.
•
Not allow any illegal activity to be carried out of the premises.
•
Keep or use chemicals, inflammable liquids, acids or other hazardous things on the
premises or create fire hazards.
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Repairs
Who do I contact?
You should contact the host school or property manager nominated in the agreement using
the Maintenance Request Form (see page 24) available online at:
http://www,education.vic.gov.au/teacherhousing
It’s important to communicate all information regarding repairs in writing and to keep all copies
of letters, forms and reports for future reference.
Repairs are organised either through the host school’s property manager or the landlord’s
officer at the Department. If you caused the damage, the landlord’s officer can ask you to
arrange and/or pay for the repairs.
The property manager will prioritise the works as urgent (within 24 hours) or non-urgent.
When you request repairs, you should ask the property manager for an indication of when the
repairs will be carried out. If the work has not been attended to within the period indicated,
you should contact them and ascertain the reasons for the delay.
Note: It is not always possible for the property manager to arrange for non-urgent repair
work to be undertaken quickly. Difficulties in securing contractors or obtaining materials in
some remote localities may delay work.
Urgent repairs
If the issue is urgent and it is impossible at the time to contact either your school
principal/property manager or the Teacher Housing Property Manager in the Infrastructure
and Sustainability Division (see contact details on page 7) then a tenant can organise a local
service contractor to secure the property. It is your responsibility to make contact with a
department representative as soon as possible to discuss the repairs undertaken. Payment
will only be made if approved by the landlord’s officer.
Note: If possible, seek advice from the property manager or the landlord’s officer at the
Department on whether your repair is urgent or non-urgent.
Repairs are considered to be urgent and the responsibility of the Department if they are
needed to fix:
•
•
•
•
•
•
•
•
•
•
•
a burst water service
a blocked or broken toilet system
a serious roof leak
a gas leak
a dangerous electrical fault
flooding or serious flood damage
serious storm or fire damage
a failure or breakdown of any essential service or appliance provided by the landlord
or agent for hot water, water, cooking, heating or laundering
a failure or breakdown of the gas, electricity or water supply
any fault or damage in the premises that makes the premises unsafe or insecure
an appliance, fitting, or fixture that is not working properly and which causes a
substantial amount of water to be wasted.
When is programmed maintenance undertaken?
Maintenance includes works such as internal/external painting, gutter and roof repairs, recarpeting and kitchen or bathroom renovations. Every attempt will be made to carry out this
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maintenance when residences are untenanted. Regular Planned maintenance includes the
servicing of air conditioners and heaters once a year and the clearing of gutters.
If your dwelling is programmed for any major maintenance, you will be notified of the
proposed time schedule. Depending on the extent of the work to be undertaken, some
disruption to the household will inevitably occur during the work. Every effort will be made to
minimise the disruption. Requests for meeting alternative accommodation costs will not be
considered and rent is payable during the program.
You can choose to terminate your agreement and vacate all belongings with the minimum of
two weeks’ notice if you are unwilling to provide full access for the building program.
Note: If a tenant refuses access for booked contractors despite notification, the tenant will
be liable for any call-out fee billed to the Department. Remote localities can also incur travel
costs in such instances.
When can the agent or landlord enter the residence?
As previously stated, the tenancy is exempt from the requirement of Residential Tenancy Act
1997; however, the following rights are based on the Act’s requirements. The property
manager or the Department’s designated representative has the right to enter the premises by
providing a minimum of 24 hours written, faxed or emailed notice to the tenant to do any of
the following:
•
•
•
•
•
•
to carry out any works that may be required to comply with any applicable law
to create any registered or unregistered easement or other right over the premises
as long as it does not adversely affect the tenant’s rights under this agreement
to carry out its obligations under this agreement
to inspect the premises
to value the premises
to show prospective tenants though the premises.
If you are at home you must provide access to the landlord’s officer or property manager. If
you are not home, provided the requirements for notice have been met, the property manager
may have access to the premises for such purposes.
Premises can only be accessed by the property manager between 8.00 am and 6.00 pm and
not on public holidays.
3. General Information
Care of your garden
Tenants occupying houses are responsible for maintaining the lawns and grounds at their
own expense. This includes the mowing of a lawn, removal of rubbish and weeds; reasonable
care of the grounds; and keeping plants and lawns watered, taking into account any current
water restrictions.
In flats/unit type accommodation, the landlord will meet the cost of lawn and ground
maintenance in common areas. Tenants are responsible for the area within the confines of
their dwelling that are not common areas.
Any costs incurred by you in maintaining the garden – including the purchase of shrubs,
flowers, soil, bark chips, etc. – will be at your own expense.
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Pets and animals
There is no objection to you keeping domestic pets; however, permission to keep them must
first be sought in writing from the property manager and the following conditions have to be
met. Note, that if you live in a flat or unit without an enclosed separate yard, dogs and cats are
not allowed.
The landlord’s policy on the keeping of pets and animals on his property must be observed at
all times. The main features are as follows:
The pet must be appropriate to the type of property; you must control over its activities; it must
not cause a nuisance; and animal excreta is to be disposed of appropriately on a daily basis.
The property must have a separate yard and the animal is to be properly enclosed in
accordance with local authority by-laws. The landlord will not be responsible for the supply of
gates and fencing to allow pets to be kept.
Pets are not permitted inside the main residential building forming part of the property.
Stock animals (e.g. cattle, horses, goats, sheep or hens) must not be kept on the property
without the prior written approval.
Wild animals (e.g. kangaroos, emus or pigs) are not permitted to be kept as pets on the
property under any circumstances.
Domestic pets and stock animals must not create a nuisance or cause damage to the
property.
The property must be kept in a clean and hygienic condition at all times.
If it is necessary to carry out repairs to the property (including lawns and yard) or to clean
and/or replace items because of your pet or other animal, the full cost of such work will be
recovered from you.
The landlord’s officer has the sole discretion to direct you to remove a pet or other animal
from the property by giving seven days’ written notice.
Pests and vermin
The Department considers that pest treatment should be undertaken ‘as required’, with
responsibility for the cost being determined on a case-by-case basis.
Your responsibilities
•
•
•
You are expected to take all reasonable precautions to prevent the presence of an
infestation of rats, cockroaches, fleas or other pests in the dwelling.
You must promptly notify the property manager of any infestation of rats,
cockroaches, fleas or other pests in the dwelling.
If you are responsible for an infestation of rats, cockroaches, fleas or other pests you
are required to promptly fumigate the premises and otherwise eradicate the pests,
and meet the full cost of such fumigation or eradication.
If an infestation of pests is attributable to the activities or neglect of the landlord, the landlord
will meet the full cost of rectifying the problem.
Where an infestation of pests (excluding white ants/termites) cannot be attributed to either the
landlord or you, the landlord will refund half the amount incurred by you for fumigation or
eradication. This arrangement is subject to the prior approval of the landlord before the work
is carried out.
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White ant/termites
Do not disturb white ant/termite infestations or attempt eradication yourself. The presence of
white ants/termites should be promptly reported to the property manager. In order to reduce
the opportunity for white ant/ termite damage, you should take the following precautions:
•
•
•
don’t store firewood or boxes on verandas, against or under the building
don’t enclose foundations, and keep them clear of rubbish and leaves
don’t fill in foundations for rockeries, gardens or trellis work.
The landlord will meet the full cost of eradicating white ant/termite infestations; however, no
responsibility be will be accepted for any damage by white ants/termites to your personal
property.
Security
In all teacher dwellings, the following standard security provisions will be supplied:
•
•
•
solid core external doors
deadlocks on all external doors (keyed alike)
security screen doors (keyed alike).
Where these security measures are not a feature of your dwelling, they will be provided on
your request, or at the time the dwelling undergoes maintenance during the property
refurbishment.
Additional security provisions
Security measures in excess of the standard provision will be considered by the Department
on receipt of written substantiation from you outlining the problems being experienced. This
substantiation should include:
•
•
•
•
•
details of the extent and frequency of the incidents
evidence that the incidents have been reported to the police, with an indication of the
results of any action taken by the police
evidence that the social conditions in the locality increase the likelihood of security
breaches (e.g. difficulty in obtaining contents insurance)
photographs of any property damage
formal support from the Department’s school principal or property manager in the
locality.
Coordinated requests for additional security measures to all dwellings in a locality will also be
considered, subject to provision of the same supporting documentation. If a need is
demonstrated and funds are available, the landlord will provide one or more of the following
additional security measures:
•
•
sensor lighting to the front and rear of the dwelling
photo-electric cells for lighting in villa unit common areas.
Content insurance
Departmental insurance does not extend to the loss, damage or theft of your personal
possessions (including furniture, clothing or motor vehicles), and you are strongly advised to
arrange suitable contents/other insurance for these items.
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You are responsible for all glass breakages, except where this is caused by persons on the
property without your permission. Glass insurance can be written into most household
contents insurance policies, if requested.
Property improvements, modifications or inclusions
You are not permitted to make any improvements, modifications or add inclusions to the
dwelling or grounds (e.g. pergolas, shade cloth, air conditioning units and basketball hoops)
without the prior written approval of the landlord or landlord’s officer. Any approved
improvements will be at the tenant’s cost.
Energy requirements
Air cooling
The landlord may have installed air cooling equipment in the dwelling you occupy (although it
is not mandatory). You should notify the property manager if any malfunction of the air cooling
system becomes evident. It is your responsibility to arrange for refrigerated air-conditioner
filters to be kept clean (remove and rinse with water every two weeks during operation).
Heating
Heating is provided in the living room of each dwelling. The heater is generally a gas
appliance operating on LPG (liquefied petroleum gas) or natural gas or wood heater. Some
dwellings may have a split system or slow combustion heater. The school can generally direct
you to local wood suppliers. It is your responsibility to provide fire guards.
LPG
LPG installation is already completed, with external connections and two cylinders and the
annual rental cost of the cylinders is met by the landlord. However, you need to arrange the
commencement of the service, filling of the cylinders and payment of the gas consumed.
Accordingly, at the commencement of your tenancy, you should open an account for the
consumption of gas in your own name.
The contact details for the LPG provider in your locality should appear on the gas cylinders.
Any invoices received for the rental of gas cylinders should be forwarded to the landlord’s
officer /host school for payment. If you receive an invoice that includes both gas consumption
and cylinder rental charges, please pay the consumption charge and promptly forward the
original invoice to the property manager for payment of the cylinder rental charge. The cost of
unused gas when you vacate the dwelling is not refunded.
Satellite/pay TV installation
The landlord has no objection to you arranging the connection of a satellite or pay TV
installation, subject to you agreeing to:
•
•
meet all costs associated with the service
make good any damage to the property caused by the installation and/or dismantling of
the satellite dish or cabling.
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Garbage bins
The landlord will meet the cost of providing bins where the local council has arranged a
garbage collection service for residential dwellings. If a bin is damaged or stolen due to your
negligence, you will be charged the replacement cost. Where there is no collection of
garbage, you are responsible for arranging and paying for rubbish disposal.
Smoke detectors
Smoke detectors have been installed in all dwellings. The number and type of this equipment
installed in each dwelling comply with the requirements of the Building Code of Australia. For
your own safety, these items should not be tampered with. Apart from annual replacement by
the tenant (usually at the end of Victorian Daylight Saving), batteries should never be
removed.
Telephone line connection fees for new dwellings
When you are the first tenant in a new dwelling, there are initial ‘one-off’ costs related to
telephone line connections. In such situations, the landlord will reimburse these associated
costs for one telephone access point, less the standard fee payable by all telephone
subscribers incorporated into the line connection fee. An application to the Department’s
landlord officer for reimbursement must be in writing and include the landlord’s telephone
account (see page7 for contact details). The cost of the telephone handset rental and
associated fittings is not reimbursed.
Septic systems
In un-sewered areas, septic systems have been installed on teacher residences. The septic
system consists of a septic tank combined with a soil absorption system and/or transpiration
beds or pump-out connections. The effectiveness of the system will, in part, depend on how it
is operated and maintained. The following is a guide on how to maximise the efficiency of the
system.
Do

Learn the location and layout of the septic system and land application area.

Check household products are suitable for septic tank. Use three-ply or less toilet tissue.

Use biodegradable liquid detergents, such as concentrates with low phosphorous.

Keep food waste out of the system.

Conserve water.
Don’t
×
Put large quantities of bleaches, disinfectants, whiteners, nappy soakers and spot removers into the
septic tank via the sink, washing machine or toilet.
×
Allow any foreign materials, such as nappies, sanitary napkins, tampons, condoms and other personal
hygiene products, to enter the system.
×
Use more than the recommended amounts of detergents.
×
Put fats and oils down the drain.
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4. Ending a Tenancy
How can the tenancy be ended?
The tenant must give notice 21 days’ notice of an intention to vacate the premises on the
expiry date. Should the notice not be given the rent for the last two weeks will be withheld. If
the tenancy has reverted to a monthly tenancy either party may provide 21 days’ notice in
writing by using the Notice of Intention to Vacate (see page 25). If there is a breach of the
agreement by the tenant, the tenancy may be terminated by 14 days’ notice in writing from the
landlord.
The last day of occupancy will be the date by which:
•
all furniture and belongings are removed from the residence
•
cleaning is completed to a satisfactory standard
•
the keys of the dwelling are returned to an authorised officer.
Note: If you leave the teaching service, you relinquish the right to tenure in
the teacher residence.
Personal information
Under the Privacy and Personal Information Protection Act 1998, the Department is obliged to
notify you about how, why and when we will use your personal information. This information
includes your name as listed on your Teaching Housing Tenancy Application and Teacher
Tenancy Agreement.
The Department will ensure that your personal information is protected. We may, however, be
required by law to release your personal information, in specific circumstances, to government
agencies, including those involved in child protection, health and law enforcement.
You have a right of access to, and correction of, your personal information. The Department
complies with the relevant procedures under the Act in this regard. If you want to make
changes to your personal information, write to the Department care of the Teacher Housing
Property Manager, Infrastructure Division.
Complaint resolution
The Department welcomes suggestions for improving services and the opportunity to address
any problems. If you have a concern relating to service quality, or the work or conduct of any
staff member, including the property manager, it is hoped that, as far as possible, it can be
resolved through discussion with the person concerned. If this is not possible or appropriate,
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your complaint should be directed, in writing, to the Executive Director, Infrastructure and
Sustainability Division, Infrastructure and Finance Services Group.
Applicable law
The lease of residential premises by teacher staff is exempt from the provisions of the
Residential Tenancies Act 1997 (RTA). Leases are governed by the Fair Trading Act 1999,
the Property Law Act 1958 and the Landlord and Tenant Act 1958.
Landlord applications for breach and recovery of possessions may be brought before the
Victorian Civil and Administrative Tribunal (VCAT), the Magistrate’s Court, or the Supreme
Court (the appropriate jurisdiction will be determined on a case-by-case basis).
What do I need to do when I move out?
Fill out the Notice of Intention to Vacate

Provide a Vacating Notice with all details to be sent to the landlord’s officer in the
Department’s Infrastructure and Sustainability Division at central office.
 Provide the school with a copy (forms are available at
http://www,education.vic.gov.au/teacherhousing
Finalise the rent
The Teacher Housing Property Manager in the Department’s Infrastructure and
Sustainability Division will arrange for Human Resources Division to cease the rental
payment deduction at the appropriate time. This depends on you providing accurate and
timely information (minimum of two weeks required). Rent will be continued to be charged
until this occurs and will not be reimbursed.
Organise an outgoing inspection
It is in your interest for you and the property manager to jointly carry out an outgoing
inspection of the dwelling. You should arrange a mutually convenient time with the property
manager.
Although you are not responsible for fair wear and tear, you will be charged for the cost of
repairing any other damage that was not identified at the commencement of your tenancy.
Similarly, you will be charged for cleaning costs if the dwelling is not left (as much as
possible) in the same condition as set out in the Condition Report completed at the
commencement of your tenancy. The Vacating Cleaning Checklist (see page 26) will assist
you in preparing for the outgoing inspection.
Return all keys
When you vacate the dwelling, you must return all copies of the keys to the host school or
property manager. It is requested that you ‘tag’ the keys with the building number and
address. If you fail to return the keys, you will be charged for the cost of ‘re-keying’ locks to
the dwelling and this cost will be deducted from your refunded security deposit.
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Disconnect services
It is your responsibility to disconnect and pay the outstanding balances for utility services
(e.g. electricity, gas, water usage and telephone). You will not be reimbursed for any gas
remaining in storage tanks. You should also notify relevant persons and organisations of
your change of address.
Refund of security deposit
If you have complied with your obligations under the agreement (see page XX) and provided
your details on the Vacating Notice, the funds will be credited to your bank account.
Belongings left behind
The Department may on re-entry or termination remove from the premises any property of
the teacher, including any fixtures, fittings or chattels not the Department’s property and
place them outside the dwelling or store them at the teacher’s cost for 21 days. The
Department will not be liable for any loss or damage caused.
Provide a forwarding address
Please leave a forwarding address or contact addresses and phone number when leaving a
tenancy.
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Appendices
All forms are available on the DET website under Teacher Housing at:
http://www,education.vic.gov.au/teacherhousing
Checklist for a tenant
Checklist for host school property manager
Maintenance Request Form
Notice of Intention to Vacate
Vacating Cleaning Checklist
Condition Report
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Checklist for a tenant
At the beginning of a tenancy

Seek advice if any tenancy issue is unclear.

Read these guidelines before signing the Teacher’s Tenancy Agreement.

Read and sign the Teacher Tenancy Agreement. (Two copies of the Agreement will be witnessed by the
host school representative and sent to the Infrastructure and Sustainability Division for signing by the
delegated officer. One copy will be returned to you.

Thoroughly check that the premises are safe and clean.

Complete and sign the Condition Report and keep a copy.

Comply with all parts of the Teacher Tenancy Agreement.

To rectify any situation, contact your property manager before taking further action.

Notify all relevant parties of your changes of address, and organise service connections. This can be done
by using the online forms available through Australia Post (at www.movingservices.com.au).
At the end of a tenancy

The tenant must give 21 days’ notice of an intention to vacate the premises on the expiry date; should the
notice not be given then the rent for the last two weeks will be withheld. If the tenancy has reverted to a
monthly tenancy, notice must be given within 21 days in writing by using the Notice of Intention to Vacate
or, in the event of a breach of the Agreement by you, at the end of 14 days’ notice from the Department

Ensure enough funds are in your account to pay the final month’s rent (the security deposit cannot be
used).

Contact utility providers to get the telephone, gas, water and electricity disconnected and pay the final bills.

Leave the premises in good order and in the condition in which you found them, fair wear and tear
excepted.

Take all your belongings with you.

Keep the Condition Report in case any disputes arise.

Reach Agreement with the property manager regarding the amount and return of the security deposit.

Leave a forwarding address with the school and the landlord’s officer within the Infrastructure and
Sustainability Division. Provide details on the Notice of Intention to Vacate form available from the property
manager or online at: http://www.education.vic.gov.au/teacherhousing

Notify all relevant parties of your new address, and organise service disconnections. This can be done by
using the online forms available through Australia Post (at www.movingservices.com.au).
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Checklist for a host school property manager
At the beginning of a tenancy

Give the tenant a copy of these guidelines or direct them to the website for an online version.

Witness the tenant signing two copies of the Teacher Tenancy Agreement. Return both copies to the
Infrastructure and Sustainability Division for signing by a designated officer. Both copies will be
returned to you, with one copy to be forwarded to the tenant and the school keeping the second
copy.

Comply with all parts of the Teacher Tenancy Agreement.

Thoroughly check that the premises are completely safe and clean.

Complete and sign the Condition Report, give the tenant a copy to comment and sign and have
them keep a copy and return one to you. Take photos of the residence to include with the report.

To rectify any situation, contact your tenant before taking further action.
At the end of a tenancy

Keep the Condition Report in case any disputes arise.

Reach Agreement with the tenant regarding the security deposit money.

Discuss any disputes with the Infrastructure and Sustainability Division.
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Teacher Housing
Maintenance Request Form
Date:
/
/20
Name:
Contact Phone Number(s) Work:
Home:
Mobile:
Email Address:
Address:
Town:
Post Code:
Description of Problem/Maintenance Required:
Urgent Repairs: Contact School to organise a local contractor.
Tenant has permission to organise a contractor for emergency maintenance out of hours if the school cannot be
contacted (see Tenancy Guide under "Urgent Repairs").
Please forward this form and invoice to the school. Request that the contractor invoices the school and ensure the
address of the Teacher House is included.
Non Urgent Repairs: 2-4 Week Timeframe
Pets
Are there dogs or other animals on the property that the contractor / maintenance agent should be aware of? Y / N
Please circle
Additional information relating to pets on the premises:
Please fax or send this form for any non-urgent maintenance issues to the Infrastructure and Sustainability Division
(see Tenancy Guide under Contact Details).
Your requests will be reviewed and the appropriate action taken.
Department of Education and Training
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Teacher Housing
Notice of Intention to Vacate
Please check the vacating advice in the Teacher Tenant Handbook on the Teacher Housing website at:
http://www,education.vic.gov.au/teacherhousing
Please complete this Notice as soon as you know the date you are going to vacate the dwelling and forward one copy to
your host school and one to the department by fax on (03) 9637 2650.
The Tenancy Agreement requires a minimum of 21 days’ notice to vacate the premises.
Payroll deductions can only be ceased with the minimum of two weeks' notice.
Return keys to the host school or Property Manager with the building number and address noted on the key ring.
TEACHER TENANT DETAILS
Surname:
Given Name:
Address of TH Property:
Payroll Number:
Host School/ Agent:
VACATING DATE
Declaration:
I hereby give notice of my intention to vacate the Teacher Housing residence on the
day of
20
Signature of Occupant:
Date:
/
/20
Forwarding Address:
(Note forwarding address cannot be a Post Office Box Number.)
Contact Phone Number(s) Work:
Home:
Mobile:
Bank Name:
Account No:
BSB No:
Account Holders Name:
OFFICE USE ONLY
Current Deductions: $
Date to Cease Payroll Deductions:
Membership ID:
(Region and SAMS Property Numbers)
Security Deposit Refund:
Host School/ Agent:
Claim Form Processed:
/
/
/20
/20
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Teacher Housing
Vacating Cleaning Checklist
KITCHEN
Clean bench tops, cupboards, splashbacks, stove tops, hotplates, grill range hood and filters
Remove burnt on deposits, grease and oil from oven (we suggest using a good quality commercial oven cleaner)
Sweep and mop floor
LAUNDRY
Clean bench tops, splashbacks and wash laundry tub
Sweep and mop floor (including underneath washing machine when removed)
BATHROOM(S)
Clean toilets
Remove soap scum/mould from shower screen, grout and tiled surfaces
Remove personal effects
Clean exhaust fan
Sweep / vacuum and mop floor
LIVING AREAS & BEDROOMS
Mop / vacuum floors / carpets professionally cleaned
Remove all stains and marks from floors and walls
Remove rubbish/personal belongings
Remove cobwebs and dust
Clean built-in robes
GARAGE & CARPORT
Remove all household rubbish
Wash and disinfect rubbish bins and secure in garage or garden shed
KEYS
Front/back door and screen door keys return to Host School/Agent
Ensure all external windows and doors are locked (including roller doors)
OUTSIDE
Weed garden beds
Repair pet damage
Mow lawns and trim edges
Remove garden rubbish and any dead vegetation, undergrowth, leaves and lawn clippings (excluding normal build up of
mulch material)
Remove all rubbish, furniture, spare parts, toys, cars, etc
Ensure all services have been notified to provide final readings and disconnection date i.e. electricity, water, telephone and gas
(please note bottle gas will not be reimbursed).
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Teacher Housing
Condition Report
Address:
Tenant(s) Name:
Move in Date:
ROOM
Exterior
General
Living Room
Dining Room
Kitchen
Bathroom/s
Move Out Date:
ITEM
Garden / lawn
Driveway/mailbox
Garage/carport
Roof
Gutters / spouting /downpipes
Garbage Bins
Fencing/gates
Clothes line
Stairs
Smoke Detectors
Switches / power points/aerial
Hot water service
Air Con / Heating
Fans
Fly Screens
Ceiling
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds/curtains
Doors
Fireplace
Ceiling
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds/curtains
Doors
Ceiling / exhaust fan
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds/curtains
Doors
Stove
Sink
Bench Tops
Pantry
Cupboards
Ceiling / exhaust fan
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds
Doors
Bath/ shower/screen/taps
Vanity/basin/ mirror/taps
Toilet
Tiling / towel rails
Department of Education and Training
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Move In Conditions
COMMENTS
CODE
Move Out Conditions
COMMENTS
27
Move In Conditions
Laundry
Bedroom 1
Bedroom 2
Bedroom 3
Porch
Move Out Conditions
Ceiling
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds
Doors
Trough/taps
Ceiling
Light fittings/power points
Walls
Floor coverings
Windows/screen/blinds/curtains
Doors
Wardrobes/drawers
Ceiling
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds/curtains
Doors
Wardrobes/ drawers
Ceiling
Light fittings/power points
Walls
Floor coverings
Windows/screens/blinds/curtains
Doors
Wardrobes/drawers
Roofing
Steps
Notes
Condition Codes: G = Good B = Broken D = Dirty M = Missing X = Not Applicable
I have noted the condition of the premises at the commencement of tenancy:
Landlord(s) or Agent(s) Signature:
Date:
/
/20
Tenant(s) Signature:
Date:
/
/20
Landlord(s) or Agent(s) Signature:
Date:
/
/20
Tenant(s) Signature:
Date:
/
/20
I have noted the condition of the premises at the termination of the tenancy:
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