teacher tenancy guidelines for renting a teacher house · eligibility for a teacher house you must...

Teacher Tenancy Guidelines for Renting a Teacher House

Published by the Communications Division for Infrastructure and Sustainability Division Department of Education and Early Childhood Development

Melbourne November 2012

© State of Victoria (Department of Education and Early Childhood Development) 2012

The copyright in this document is owned by the State of Victoria (Department of Education and Early Childhood Development), 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) 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 Early Childhood Development, 2 Treasury Place, East Melbourne, Victoria, 3002. ISBN 978-0-7594-0711-4

Accessibility If you would like to receive this publication in an accessible format, such as audio, please telephone 1800 809 834, or email [email protected]

This document is also available on the internet at http://www.education.vic.gov.au/teacherhousing

Content 1. Beginning a Tenancy 3

Eligibility for a teacher house 3

Allocation of housing 3

Teacher Tenancy Agreement (lease) 4

Sharing arrangements (non-family or non-spouse/partner relationship) 5

Contact details 6

Your contact details 6

Property condition reports 6

Security deposit 6

Rent 7

2. During the Tenancy 9

Landlord’s responsibilities 9

Checklist of your responsibilities 10

Repairs 12

When can the agent or landlord enter the residence? 13

3. General Information 14

Care of your garden 14

Pets and animals 14

Pests and vermin 15

Security 15

Content insurance 16

Property improvements, modifications or inclusions 16

Energy requirements 16

Satellite/pay TV installation 16

Garbage bins 17

Smoke detectors 17

Telephone line connection fees for new dwellings 17

Septic systems 17

4. Ending a Tenancy 18

How can the tenancy be ended? 18

Complaint resolution 18

Applicable law 19

What do I need to do when I move out? 19

Appendices 20

Checklist for a tenant 21

Checklist for a host school property manager 22

1Teacher Tenancy Guidelines for Renting a Teacher House

Preface

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 Early Childhood Development 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 Tenancies 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.

2 Teacher Tenancy Guidelines for Renting a Teacher House

1. Beginning a Tenancy

Eligibility for a teacher house

You must be currently employed by the Department to be eligible for a teacher house. Teachers include employees in Early Childhood Development.

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.

Application forms

A Teacher Housing Tenancy Application form is available from the property manager or online at: http://www.education.vic.gov.au/teacherhousing

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 available at http://www.education.vic.gov.au/teacherhousing. It’s 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.

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.

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 ceases. (If the teacher’s effective date of retirement or 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 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 their 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 number 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-by-case 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 or part of the 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. When 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.

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 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 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.


Payment methods

The security deposit is to be paid in full by bank cheque or money order made out to the ‘Department of Education’ 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 http://www.education.vic.gov.au/teacherhousing), 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 Tenancies Act 1997).

Rent

Assessment and review

Rent will be reviewed 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.


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 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.


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.

2. During the Tenancy


Checklist of your 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:

• all charges in connection with the consumption of bottled gas at the premises (excluding the cost of the supply of the gas bottle)

• telephone line rental • electricity usage • the cost of water usage at the premises

The Department is only responsible for the water service and sewerage charges. Contact local utility providers of your tenancy.

£ 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 • 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 are 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 • 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.


Repairs

Who do I contact?

You should contact the host school or property manager nominated in the Agreement using the Maintenance Request Form 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 or the Teacher Housing Property Manager in the Infrastructure and Sustainability Division 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, re-carpeting and kitchen or bathroom renovations. Every attempt will be made to carry out this 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 Tenancies 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.


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.

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 the 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.

3. General Information


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

1. 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.

2. You must promptly notify the property manager of any infestation of rats, cockroaches, fleas or other pests in the dwelling.

3. 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.

4. 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.

5. Where an infestation of pests (excluding white ants/termites) cannot be attributed to either the landlord or you, the landlord will refund 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.

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.

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, 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 wood heater or gas appliance operating on LPG (liquefied petroleum gas) or natural gas. 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.


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. The cost of the telephone handset rental and associated fittings is not reimbursed.

Septic systems

In unsewered areas, septic systems have been installed at 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.


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. 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 and Sustainability 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, your complaint should be directed, in writing, to the Executive Director, Infrastructure and Sustainability Division, Infrastructure and Finance Services Group.

4. Ending a Tenancy


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 Notice of Intention to Vacate 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 rentThe 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 inspectionIt 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 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 security deposit.

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 and provided your details on the Notice of Intention to Vacate, 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 and phone numbers when leaving a tenancy.


Appendices

Available at: http://www.education.vic.gov.au/teacherhousing

Checklist for a tenant

Checklist for host school property managers

Teacher Housing Tenancy Application Form

Maintenance Request Form

Notice of Intention to Vacate

Vacating Cleaning Checklist

Condition Report


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).

Checklist for a tenant


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.


Teacher Housing Tenancy Application Form

PROPERTY: Suburb: Postcode: Rent per Fortnight: $ (Weekly): $ Commencement Date: / /20 Lease Term: Security Deposit: $ (Four weeks rent payable by cheque)

EMPLOYEE DETAILS Title: Mrs/Ms/Mr/Miss/Dr Surname: Given Names: ID No: Gender:

Telephone (Home): (Work): (Mobile):

Email Address:

Family Details (family who will permanently reside with you):

Do you have any Pets: Yes / No Type / Breed: Number:

Own Motor Vehicle: Yes / No Make / Model: Registration No:

Family Details (family who will permanently reside with you): Bank Name: Account No: BSB No: Account Holders Name:

Present Address:

How long at this address: Years: Months: If Rented, Rent Paid: $

Agent Landlord: Telephone:

Reason for Leaving:

EMPLOYMENT Occupation: Employment Type: Full-time / Part-time / Casual

Current Employer: Years: Months:

Address: Telephone:

Contact Name: Position Held: References:

Name: Relationship to Agent: Telephone: EMERGENCY NEXT OF KIN Name: Address: Telephone: Relationship: I declare that the above information is true and correct to the best of my knowledge and agree that the property manager may conduct independent evaluation checks and use the information supplied in assessing this application. This application is accepted subject to the availability of the premises on the due date. APPLICANTS SIGNATURE:


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.


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: / /20 Membership ID: (Region and SAMS Property Numbers) Security Deposit Refund: Host School/ Agent:

Claim Form Processed: / /20


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).


Teacher Housing Condition Report

Address: Tenant(s) Name: Move in Date: Move Out Date:

Move In Conditions Move Out Conditions ROOM ITEM CODE COMMENTS CODE COMMENTS Exterior Garden / Lawn Driveway/mailbox Garage/carport Roof Gutters / Spouting Garbage Bins Fencing/gates Clothes line General Stairs Smoke Detectors Switches / power points/aerial Hot water service Air Con / Heating Fans Fly Screens Living Room

Ceiling

Light fittings/power points Walls Floor coverings Windows/screens/blinds/curtains Doors Fireplace Dining Room

Ceiling

Light fittings/power points Walls Floor coverings Windows/screens/blinds/curtains Doors Kitchen Ceiling / Exhaust Fan Light fittings/power points Walls Floor coverings Windows/screens/blinds/curtains Doors Stove Sink Bench Tops Pantry Cupboards Bathroom/s 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

Condition Codes: G = Good B = Broken D = Dirty M = Missing X = Not Applicable


Move In Conditions Move Out Conditions ROOM ITEM CODE COMMENTS CODE COMMENTS Laundry Ceiling Light fittings/power points Walls Floor coverings Windows/screens/blinds Doors Trough/taps Bedroom 1 Ceiling Light fittings/power points Walls Floor coverings Windows/screen/,blinds/curtains Doors Wardrobes/drawers Bedroom 2 Ceiling Light fittings/power points Walls Floor coverings Windows/screens/blinds/curtains Doors Wardrobes/ drawers Bedroom 3 Ceiling Light fittings/power points Walls Floor coverings Windows/screens/blinds/curtains Doors Wardrobes/drawers Porch 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

I have noted the condition of the premises at the termination of the tenancy: Landlord(s) or Agent(s) Signature: Date: / /20 Tenant(s) Signature: Date: / /20


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