SDA covered by the Residential Tenancies Act
In 2019, the laws regulating SDA changed from the Disability Act 2006 to the Residential Tenancies Act 1997. However, the Disability Act still covered some SDA homes and residences.
This was a short-term arrangement to allow some providers and residents to prepare for the transition to the Residential Tenancies Act, and it protected residents' rights during the change-over.
The change-over from the Disability Act to the Residential Tenancies Act has finished. From 1 July 2024, the Residential Tenancies Act covers all SDA agreements.
If your SDA is changing over from the Disability Act to the Residential Tenancies Act, your SDA provider must follow the Residential Tenancies Act’s rules.
Your provider must either:
- enter into or establish an SDA residency agreement with you, or
- enter into a:
- Residential tenancy agreement for a short-term lease with you, or
- Residential tenancy agreement for a long-term lease with you.
Your provider must also give you the information statement that matches your agreement, at least 7 days before forming the agreement. Either the:
- Information statement for an SDA residency agreement, or
- Information statement for a Residential rental agreement.
To download these documents, including Easy Read versions, go to Resources for residents.
Explain certain information
Your provider must explain the following information to you in a way you can understand:
- the information statement for an SDA residency agreement or
- the information statement for a Residential rental agreement (short-term or long-term lease)
- any notice you receive under Part 12A – for example, a Notice of rent increase or a Breach of duty notice
- any order or direction from the Victorian Civil and Administrative Tribunal (VCAT).
This explanation can be verbal or in writing.
Appoint a support person
Your provider must ask someone to support you if:
- you do not have a support person, and
- your disability makes it difficult to understand the agreement or information statement.
This support person cannot work for your provider.
Other responsibilities
Your provider:
- collects your rent
- fixes any issues in your housing
- tells you about any changes to your agreement
- handles any complaints you have about your housing.