SDA is covered by the Residential Tenancies Act
In 2019, the laws regulating SDA changed from the Disability Act 2006 to the Residential Tenancies Act 1997 for most SDA. From 1 July 2024, the Residential Tenancies Act covers all SDA agreements.
Agreements
Before you move into an SDA dwelling, you and your SDA provider must either:
or, if you choose, enter into a residential rental agreement:
It’s important you understand the difference between the types of agreement and the protections the SDA residency agreement offers before you choose a residential rental agreement.
Your provider must also give you the information statement that matches your agreement, at least 7 days before forming the agreement. Either the:
If your SDA provider doesn’t give you the required information statement, you may be able to end the agreement.
Note: There may be some circumstances where meeting the requirements for entering into or establishing an SDA agreement may not be possible before you move in (for example, if you are already living in another room in the SDA dwelling). If such circumstance arise, an application can be made to VCAT for an Exceptional Agreement Order. To find out more, go to Exceptional agreement orders.
To download these documents, including Easy Read versions, go to Resources for residents.
Explain certain information
Your SDA provider must explain the following to you in a way you can easily understand. This communication can be verbal or in writing:
- the information statement
- the agreement
- any notice they give you (for example, a Notice of rent increase or a Breach of duty notice)
- any order or direction from VCAT - if you are not represented.
Your SDA provider can use the Easy Read versions designed to help explain agreements, information statements, and notices to the resident.
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 is responsible for:
- collecting your rent
- fixing any issues in your housing
- telling you about any changes to your agreement
- handling any complaints you have about your housing.