Vic lot owners are wondering: Is there a maximum number of tenants allowed in apartments in Victoria?
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- QUESTION: New tenants moved into the small one bedroom unit above mine. There are five adults and two children. This has substantially increased noise and I’m concerned about overcrowding. What do I do when the owners corporation is unconcerned?
- QUESTION: Could you please advise – is there a maximum number of tenants/occupiers allowed in units in Victoria? What is the law around this? In this particular case, a 2 bedroom unit.
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Question: New tenants moved into the small one bedroom unit above mine. There are five adults and two children. This has substantially increased noise and I’m concerned about overcrowding. What do I do when the owners corporation is unconcerned?
I live in a 33sqm one-bedroom unit in Glen Iris. A few months ago new tenants moved into the one-bedroom unit above mine. There are 7 people in total living in this tiny apartment – five adults and two children.
The increase in tenants seriously impacts the noise level above me, increases our water bill and creates a greater strain on the bin capacity.
The landlord of this unit and the owners corporation have advised that there are no laws against how many tenants may occupy the unit, but this surely comes under the concern of overcrowding.
How do I go about reporting this problem when the owners corporation is unconcerned?
Answer: The only point where the Owners Corporation may get involved is regarding the noise levels if they are causing a disturbance to your peaceful enjoyment.
This is a tricky one. The only point where the Owners Corporation may get involved is regarding the noise levels if they are causing a disturbance to your peaceful enjoyment. Refer 6.2 of the Model Rules. You could lodge a complaint with your Owners Corporation on this matter.
In terms of overcrowding, this is difficult, but if you have concerns, you should refer this to the local council officers in your municipality. They are your best bet at investigating, but it may not be a straight forward process.
Strain on services such as water and waste is always a frustrating cost for others to bear. But can, unfortunately, be one of the negatives of apartment living with limited controls in situations such as this.
Joel Chamberlain
Horizon Strata Management Group
E: [email protected]
P: 03 9687 7788
This post appears in Strata News #383.
Question: Could you please advise – is there a maximum number of tenants/occupiers allowed in units in Victoria? What is the law around this? In this particular case, a 2 bedroom unit.
Answer: The Act does not stipulate whether there is a maximum number of tenants/occupiers allowed in units, however, all occupants must be listed on the tenancy agreement.
Sharing a property: Is there a maximum number of tenants allowed?
There are generally two types of arrangements when tenants are sharing a property.
In a co-tenancy, every tenant signs the tenancy agreement and all names appear on the bond lodgement form. Usually, the bond amount is divided equally among all tenants. However, each tenant is responsible for the full amount of the bond, not just their share. Remember: In a co-tenancy, any one individual can be held responsible for the actions of all the tenants if, for example, rent is owing or the property has been damaged.
The Residential Tenancies Act 1997 does not stipulate whether there is a maximum number of tenants / occupiers allowed in units, however, all occupants must be listed on the tenancy agreement.
In the case of sub-letting, one or more existing tenants will rent out part or all of the property to other people. The tenants who signed the initial tenancy agreement are the ‘head tenants’ and those tenants renting from them are called ‘sub-tenants’. A tenant must not sub-let without the landlord’s written approval. A landlord must give permission unless there is a good reason to refuse. It is illegal to charge a fee for giving permission. If you sub-let, you will become the landlord to your tenant and must take on those responsibilities.*
In regards to Owners Corporations, normally two adults per bedroom is realistic for normal living conditions. Anything above this number raises the question of overcrowding and could be an Occupational Health and Safety risk in the event of a fire or evacuation. The issue of overcrowding in apartments is a very serious and complex issue that the Victorian Government and local councils have been struggling to find an appropriate solution.
Many cases have been brought before VCAT with varying results and it is an area that needs to be thoroughly explored by the government in the future.
*Source: Consumer Affairs Victoria website
Daniel Hunt
General Manager
Ace Body Corporate Management
03 9239 5403
[email protected]
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
About Ace Body Corporate Management
Ace Body Corporate Management (Ace) is the largest 100% Australian owned strata management company with franchises and their support staff managing property worth an estimated replacement value of $20 billion. All franchisees are members of Strata Community Association; the peak national body that looks after the interests of the community by liaising with Government on strata legislative requirements to keep up with industry change.
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Related Articles
- VIC: The Auditor and Your Owners Corporation
- NSW: Q&A Overcrowding and Number of Occupants in NSW Apartments
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Hi my landlord did not sign any agreement with me nor did he take any of my id .I live in his share house with 3 other girls.for the past 7 months and this is my first share house. I asked my landlord if he could temporarily accomodate my boyfriend for a two months since he is coming from overseas just for holidays.He said that he can live here for a few weeks .I looked for accommodation for him but couldn’t find any so hes been living with me for a month . i paid extra rent for him. and now my landlord is telling both of us to move out
what should i do
Hi kiara
We specifically deal with strata issues. As this is a tenancy issue between you and your landlord, you may wish to speak with someone at a tenancy help organisation such as Tenants Victoria. Their contact page is located here: Contact Us.
Hi team,
I contacted you earlier this year and was directed back to the blog entry.
However this does not fully answer my query and I am looking for advice.
I live in a one bedroom unit (33sqm) in Glen Iris. In March of this year new tenants moved into the one bedroom unit above mine. There are 7 people in total living in this tiny apartment. Five adults and two children.
The increase in tenants seriously impacts the noise level above me, increases our water bill and creates greater strain on the bin capacity.
The landlord of this unit and the body corporate have advised that there are no laws against how many tenants may occupy the unit, but this surely comes under the concern of overcrowding.
My question is, how do I go about reporting this problem when the body corporate is unconcerned?
This is a tricky one. The only point where the Owners Corporation may get involved is regarding the noise levels if they are causing a disturbance to your peaceful enjoyment. Refer 6.2 of the Model Rules. You could lodge a complaint with your Owners Corporation on this matter.
In terms of overcrowding, this is difficult, but if you have concerns, you should refer this to the local council officers in your municipality. They are your best bet at investigating, but it may not be a straight forward process.
Strain on services such as water and waste is always a frustrating cost for others to bear. But, can unfortunately be one of the negatives of apartment living with limited controls in situations such as this.
Hi
Thanks for your strata info, but my query is
I have a normal residential house that I have rented as a share house to backpackers. These guys pack fruit in the local fruit packing sheds.
My question is, would the be a local council minimum/maximum allowed number of tenants in the home?
The home is a standard 4 bedroom 2 bathroom home.
I have 1 couple in each bedroom, 2 people in each bedroom so a total of 8 tenants, Is this allowable or not?
The home is a stand alone home, nothing to do with strata
Thanks
Cos
Sorry Cos. We only answer questions about strata properties. For your query regarding a residential house, I’d suggest you contact your Local Council for more information.
The Residential Tenancies Act 1997 does not stipulate whether there is a maximum number of tenants / occupiers allowed in units, however, all occupants must be listed on the tenancy agreement. In regards to Owners Corporations, normally two adults per bedroom is realistic for normal living conditions.
Thanks, but query is regarding a normal home not a unit or strata type building.
I need to know if there is a council regulated minimum/ maximum number of tenants allowed in a normal 4 bedroom, 2 bathroom residential house
Thanks
Cos
Hi Cos
Sorry. We deal specifically with strata. I’d suggest starting with the Local Council.