SDA is covered by the Residential Tenancies Act
In 2019, the laws regulating SDA changed from the Disability Act 2006 (Disability Act) to the Residential Tenancies Act 1997 for most SDA. Further changes were made in July 2024, and the Residential Tenancies Act regulates all SDA agreements.
Agreements
Before an SDA resident moves into an SDA dwelling, the resident and the SDA provider must either:
or, if the resident chooses, enter into a residential rental agreement:
It’s important the resident understands the difference between the types of agreement and the protections the SDA agreement offers before they choose a residential rental agreement.
The SDA provider must also give the resident the information statement that matches the chosen agreement, at least 7 days before forming the agreement. Either the:
If the SDA provider doesn’t give the resident the required information statement, the resident 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 possible before the resident moves in (for example, if the resident is already living in another room in the SDA dwelling). If such a circumstance arises, an application can be made to VCAT for an exceptional agreement order. Find out more about exceptional agreement orders.
To download these documents, including Easy Read versions, go to Resources for support people.
Explain certain information
The SDA provider must explain the following to the resident in a way they can easily understand. This communication can be orally or in writing if this is helpful for the resident:
- the relevant information statement
- the agreement
- any notice they give the resident
- any order or direction from VCAT - if the resident is not represented.
The SDA provider can use the Easy Read versions designed to help explain agreements, information statements, and notices to the resident.
Notifying CAV of SDA residency agreements and other notices
The SDA provider must notify us when they:
- enter into or establish an SDA residency agreement. They do not need to notify us if they and the resident sign a residential rental agreement
- give the resident certain notices
- receive certain notices from the resident.
For more information, go to Notifying us of SDA agreements and notices.
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.