Changes to the law
In 2019, the laws regulating SDA changed from the Disability Act 2006 (Disability Act) to the Residential Tenancies Act 1997 (Residential Tenancies Act). However, the Disability Act still covered some SDA homes and residences.
This was a short-term arrangement to allow some SDA providers and residents to prepare for the transition to the Residential Tenancies Act. It ensured that residents' rights were still protected during the change-over.
The transition from the Disability Act to the Residential Tenancies Act is now complete. From 1 July 2024, the Residential Tenancies Act regulates all SDA agreements. Providers and residents must follow the rules and duties in the Residential Tenancies Act.
Residential agreements
Providers and residents must do one of the following:
- enter into or establish an SDA residency agreement, or
- enter into a:
- Residential rental agreement for a short-term lease, or
- Residential rental agreement for a long-term lease.
The provider must also give the resident the information statement that matches 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 support people.
Explain certain information
The provider must explain the following information to you and the resident. This can verbal or written:
- the information statement for an SDA residency agreement
- the information statement for a Residential rental agreement (short-term or long-term lease)
- any notice the resident receive under Part 12A – for example, a Notice of rent increase or a Breach of duty notice
- any order or direction from VCAT.
Obligations of SDA providers
SDA providers are responsible for:
- setting and collecting rent
- fixing and maintaining the homes
- telling residents about any changes to the residency agreement
- addressing complaints about the SDA.