Teacher Housing

Policy

This policy sets out schools’ responsibilities for teacher housing allocation, eligibility and management.

Summary

• Teachers may contact the principal or business manager to enquire about availability of teacher housing or apply for tenancy.
• The Department is required to enter a Teacher Tenancy Agreement (lease) with each teacher per property.
• Principals, in consultation with the Victorian School Building Authority (VSBA), are responsible for allocating teacher housing.
• Teachers must be employed by the Department to be eligible for teacher housing.
• This policy falls within the 'Manage' stage of the School Asset Lifecycle.

Details

The Department owns teacher houses that it uses to help attract teachers to particular remote locations. These houses are provided at market rents for a limited tenure only and do not form part of a teacher’s employment conditions.

The VSBA is required to enter a Teacher Tenancy Agreement (lease) with each teacher per property, and tenants are required to provide a security deposit.

Teachers may contact the principal or business manager to enquire about availability of teacher housing or apply for tenancy.

Allocation of teacher housing

Principals (in consultation with the VSBA) are responsible for allocating teacher housing to teachers who meet the eligibility criteria.

To enter a lease, the allocated teacher must complete a Teacher Housing Tenancy Agreement endorsed by the principal and VSBA property manager.

A tenant may expect to share the property with another tenant, depending on the availability of rental accommodation in the area.

Eligibility for teacher housing

Teachers must be employed by the Department to be eligible for teacher housing.

Priority will be given to teachers who do not own residential accommodation within 40km of their school.

If a teacher ceases to be employed by the Department, they will be required to vacate the property.

Teacher housing is not available to non-teacher (sundry) tenants without written approval from the VSBA.

Managing the property

The tenant, principal and Department share responsibility for managing the property. The lease specifies these responsibilities. For more detailed information, refer to the Teacher Housing Property Management Guidelines in the Guidance tab and the Teacher Tenancy Guidelines for Renting a Teacher House also available in the Resources tab.

Length of lease

The parties may agree on the period of the lease up to a maximum of 5 years, with an annual review.

An initial probationary period of 3 months will apply from the agreement commencement date. If the tenant complies with all terms of the agreement during that period, a monthly tenancy will ensue unless terminated by either party by providing 21 days notice.

Definitions

Parties of a lease
The parties of a Teacher Tenancy Agreement (lease) are:

• the tenant (teacher)
• the property manager (principal or business manager)
• the landlord (the VSBA as delegate for the Minister for Education)

Teacher Housing Property Management Guidelines

Overview and table of contents

The Teacher Housing portfolio is supported by the Department, primarily as an incentive to attract Teachers to take up positions at particular remote locations.

As a result of Teacher Housing being exempt from the Residential Tenancies Act (RTA) 1997 (Vic), these guidelines were developed to cover the rights and responsibilities of Teacher Tenants and the Landlord and delegated officers in the Department.

This document aims to assist and support Host Schools in the allocation and maintenance of employee housing stock attached to their school.

The Teacher Housing Property Management Guidelines contain the following chapters:

1. Definitions for the Teacher Housing Portfolio
2. Introduction
3. Legislative background
4. Budget and Maintenance
5. Allocation of Premises
6. Entering into an Agreement
7. Assignment and Sub-letting
8. Condition of Property
9. Rent
10. Tenant and Landlord Obligations during the Lease
11. Repairs — Urgent and Non–Urgent
12. Right of Entry
13. Change in Employment Conditions
14. Breach of Tenancy Agreement
15. Vacating the Premises

1 Definitions for the Teacher Housing Portfolio

In this document, unless the context otherwise requires:

ACL
ACL means the Australian Consumer Law and Fair Trading Act 2012 (Vic)

Agreement
Agreement means a lease between the Department and a Teacher Tenant in the form approved by the Department from time to time.

Business Day
Business Day means any day that is not a Saturday, Sunday or a public holiday in Melbourne, Victoria.

Department
Department means the Department of Education and Training in the State of Victoria.

Host School
Host School means the school designated as having responsibility for a residence.

Landlord
Landlord means the Minister.

Minister
Minister means the Minister for Education in Victoria.

Premises
Premises means Teacher Housing assigned to a Teacher Tenant pursuant to the terms of an Agreement.

Property Condition Report
Property Condition Report means a condition report in the form required by the Department.

RTA
RTA means the Residential Tenancies Act 1997.

RTBA
RTBA means the Residential Tenancies Bond Authority.

Teacher Housing
Teacher Housing means residential properties owned by the Minister for Education in Victoria.

Teacher
Teacher means any person employed by the Department in a permanent, temporary, casual or non-school based education teaching service position.

Teacher Housing Handbook
Teacher Housing Handbook means the Teacher Tenancy Guidelines for Renting a Teacher House issued by the Department, available in the Resources tab.

Teacher Tenant
Teacher Tenant means a teacher occupying Teacher Housing, pursuant to the Agreement.

Tenant
Tenant means a Teacher Tenant.

VCAT
VCAT means the Victorian Civil and Administrative Tribunal.

VSBA
VSBA means the Victorian Schools Building Authority.

Summary of key terms in the Teacher Tenancy Agreement

1. Landlord's/ Landlord's agent's contact details
   The full name and central office address of the VSBA — Property Unit, as the delegated representative of the Landlord — the Education Minister, must be provided. Where an agent is managing the property the following must be provided:
   • the agent's name
   • address
   • telephone, and
   • email address
   • together with an emergency telephone number that can be used outside of business hours
2. Tenant's contact details
   The Tenant's full name and all contact details must be inserted in the Agreement. As Teacher Housing properties are tenanted in accordance with the Teacher Housing portfolio’s eligibility criteria for use as a private residence, a Tenant must be an individual and not a company.
3. Property being leased
   The full street address of the Premises is required. If the Premises to be leased are only part of the property then, in addition to the street address, a plan of the property highlighting the part to be leased should be attached to the lease.
4. Service and utility charge
   Tenants in separately metered properties are responsible for the payment of all utility usage charges, including water, gas and electricity, telephone and internet. Tenants are responsible for handset and subsequent telephone line rental and internet connection. Tenants are responsible for arranging connections with relevant local providers. The VSBA is responsible for:
   • payment of municipal rates
   • gas cylinder, not the filing
   • water service and sewerage charge, but not usage of it except where multiple dwellings are served by a single meter.
5. Period of lease
   The term of the Agreement will be a monthly periodic tenancy. Where the premises is part of a body corporate — such as, a villa unit, apartment, flat, and so on — the VSBA will supply the Tenant with a copy of the rules of the body corporate before signing the tenancy Agreement.
6. Duration of the Agreement
   An initial probationary period of 3 months will apply from the commencement date.
7. Probationary period
   If the tenant does not comply with the terms of the Agreement during the probationary period, the Landlord or VSBA officer with delegated authority may give written notice requesting that the Teacher Tenant vacate the Premises on no less than 21 days’ notice in writing.

2 Introduction

2.1

The Minister (the Landlord) owns a portfolio of residential properties in remote localities across five rural regions in Victoria. The Minister assumed ownership and the Department the management of the portfolio in 1996 when the Government Employee Housing Association ceased operation.

2.2

The Teacher Housing portfolio is supported by the Department, primarily as an incentive to attract Teachers to take up positions at particular remote locations.

2.3

As a result of Teacher Housing being exempt from the RTA, these guidelines were developed to cover the rights and responsibilities of Teacher Tenants and the Landlord and delegated officers in the Department.

2.4

This document aims to assist and support Host Schools in the allocation and maintenance of employee housing stock attached to their school.

2.5

The Department’s handbook Teacher Tenancy Guidelines for Renting a Teacher House, which outlines both the Landlord’s and Tenants’ responsibilities in further detail, should be referred to alongside this policy, in the Resources tab.

2.6

Historically, Teacher Housing has been provided in locations where private rental accommodation has been limited; however, changing government policy has separated housing from employment conditions. This has resulted in properties no longer being connected to teaching positions at particular schools and a move from subsidised rents.

2.7

Rents from Teacher Housing stock assists in supporting the ongoing maintenance and payment of land rates and water service and sewerage charges.

2.8

Rent will be reviewed periodically by the Department in consultation with the Host School and supported by considerations of the school community in attracting or retaining school staff.

2.9

The Department is not obliged to provide employee accommodation. Accommodation is provided on a short term basis until Teachers eventually obtain accommodation through the private rental or sales market. Leases are granted on a periodic month by month basis, and may be terminated by either party at any time on 21 days notice, and by the Landlord on 14 days notice in the event of a breach of the Agreement.

2.10

Teachers owning a home within 40 kilometres of the Host School will only be eligible as Tenants as long as there are no other Teachers requiring accommodation.

2.11

Where Teacher Housing is available and where there is a local demand for its use by Teachers, Teacher Housing will normally remain as part of the Department’s housing portfolio. However, in cases where the Teacher Housing is no longer required for accommodation or it is not cost effective to maintain specific properties, the Department may include such properties on its asset disposal program. This will be done in consultation with the Host School and the regional office.

2.12

Non-Tenanted houses retained at the request of the Host School for future use by the school and not placed on the disposal program will be the responsibility of the Host School to ensure the house is secure and maintained to a condition acceptable to the VSBA. This will be financed at the discretion of, and by, the VSBA.

3 Legislative background

3.1

Leases of most residential Premises in Victoria are governed by the provisions of the RTA. If a lease is subject to the RTA, the written lease Agreement must be in the form prescribed by the RTA and otherwise comply with the RTA.

3.2

However, Teacher Housing owned by the Minister and leased to staff of a school are exempt from the provisions of the RTA by virtue of section 21 of the RTA, which provides that the RTA does not apply to residential leases if the Premises are, or situated in:

1. any Premises used as a school or for education and training purposes, or
2. any residential Premises ancillary to a school or an institution which provides education and training if those Premises
   1. are owned or leased by the school or the institution or formally affiliated with the school or institution, and
   2. are used to accommodate students or staff using the Premises referred to in paragraph (a)

3.3

The exemptions under section 21 of the RTA do not apply if:

1. the Premises are located outside a school, and
2. the Tenant is not a staff member at a school

Australian Consumer Law

3.4

Lease Agreements for residential Premises that are exempt from the RTA may still be a consumer contract within the meaning of the ACL.

3.5

A consumer contract includes any right (including rights in relation to real or personal property) granted or conferred in trade or commerce, where the services are of a kind ordinarily acquired for personal, domestic or household use or consumption.

Where the ACL applies, the Tenant has the benefit of a number of consumer guarantees, including that the service will be provided with due care and skill; that the service will be fit for a particular purpose and that the service will be supplied within a reasonable period of time.

Applicable Legislation

3.6

In summary, Premises owned by the Minister that are tenanted to staff or students of the Host School are exempt from the RTA, regardless of where the accommodation is located.

4 Budget and maintenance

The Department currently manages the budget and maintenance of the Teacher Housing.

The Department has implemented an industry, standard Property Management IT system, to assist in the management of the portfolio.

All tenancy details will be stored in Atrium for easy access and used by the Department to better assist it and Host Schools to deliver the Teacher Housing.

The Department will provide all documents online required for the management of tenancies by the Host School in the Resources tab

The Department makes all budgetary decisions regarding work to be carried out on the Teacher Housing.

5 Allocation of Premises

5.1

Principals of the Host School are usually the first contact by teaching staff in regard to availability of housing. The Host School’s principal or business manager must consult with the VSBA Property Unit, to determine availability of Teacher Housing. Host School teaching staff have the highest priority for any available Teaching Housing.

5.2

A Teacher Tenancy Application form (Form) is available in the Resources tab for the school’s use, in line with RTA practice. The Form must remain confidential and may be used for a rental history check. The Form must be used by the Host School for all applications for Teacher Housing.

5.3

The rent payable for any new Agreement must be determined by the Property Unit of the VSBA. Once the Host School is advised of the rent, it may notify the Tenant.

5.4

In general, in allocating Teacher Housing, the VSBA will have regard to the following:

• applicants with dependents will have priority over individual applicants
• priority will be given to Teachers requiring Teacher Housing in the town in which their Host School is located
• the number of dependents reliant on an applicant will be considered
• the standard and size of the applicant’s existing accommodation, together with security of tenure and distance from the locality in which they teach
• the suitability of available Teacher Housing to the applicant’s needs
• special circumstances indicating a need for Teacher Housing, as determined by the VSBA and
• status of employment, i.e. permanent, temporary, part time, casual Teacher; staff are not eligible for a tenancy if they own residential property within 40 kilometers of the Host School unless there are surplus available residences. These staff will be the first to be required to vacate for incoming staff

The Host School or the VSBA may transfer Teacher Tenants to alternative properties within towns if this results in more effective management of the Department’s property assets — for example, single Tenants to one-bedroom dwellings.

5.5

Principals of Host Schools may consult other Principals to determine availability of Teacher Housing. If suitable Teacher Housing is located, the Principal of the Host School should consult with the VSBA to obtain approval of any proposed Agreement for Teacher Housing.

5.6

Teachers will remain eligible for Tenant Teacher Housing for as long as:

• they remain members of the teaching service of the Department, and
• teach at the Host School or at the discretion of the Host School principal, at other nearby Department schools

5.7

Sundry Tenants — Tenants not employed by the Department — are not permitted tenancies unless extenuating circumstances apply and the written consent is obtained from the VSBA.

6 Entering into an Agreement

6.1

The Agreement must be used for all leases of Teacher Housing to Teacher Tenants. Refer to the Teacher Housing Handbook for more detail in the Resources tab.

6.2

Prior to signing the Agreement, the VSBA’s Property Unit will provide the Teacher Tenant with an unsigned copy of the Agreement to review, together with a copy of the Teacher Housing Handbook both are available in the Resources tab.

6.3

Teacher Housing accommodation is not intended to be a long term arrangement. The length of the tenancy will reflect the need to continue to attract new Teachers to the area.

6.4

The Agreement must specify the required notice for either party to provide written notification to the other in relation to ending the tenancy Agreement.

7 Assignment and Sub-letting

7.1

Tenants must not allow anyone other than their spouse, domestic partners and/or dependent person (under the age of 18) to reside in the Premises. The Tenant must not or sub-let, assign or licence the whole or part of the Premises.

Shared Accommodation

7.2

The Department may grant co-tenancy rights to two or more Teacher Tenants in respect of Teacher Housing.

7.3

Individual Teacher Tenants who share Premises with another Teacher Tenant are required to pay rental charges on a proportional basis according to the number of Tenants. Co-Tenants must make their own arrangements with respect to the payment of utilities in accordance with chapter 1, paragraph (d) Service and Utility Charge.

7.3

The Department reserves the right at any time, to require an existing Teacher Tenant to share Teacher Housing with another Teacher Tenant, should the need arise.

8 Condition of Property

Commencement of Lease

8.1

Except in the case of a co-tenancy, the Host School must ensure the Premises are vacant and reasonably clean on the day the Teacher Tenant is due to take possession.

If the Premises are not vacant or reasonably clean, the Tenant may seek to end the tenancy before moving in, or refuse to move in until the Premises are vacated or reasonably cleaned.

8.2

The Teacher Tenant is not required to pay rent while waiting for the Premises to be vacated or cleaned

8.3

If a residence requires major refurbishment to bring it up to a reasonable letting standard, it must not be let and the Host School representative must discuss its future use with the VSBA

8.4

Where a Teacher Tenant is entering a co-tenancy arrangement, the Host School will consult with the existing Teacher Tenant to ensure the Premises are reasonably clean on the day the new co-Tenant is due to take possession.

If the existing Teacher Tenant does not provide the Premises in a reasonably clean standard, the Department and the Host School may engage a cleaner, and deduct the cost of the cleaner from the existing Teacher Tenant in the same manner as rent.

Condition Report

8.5

A Property Condition Report must be completed by the Tenant before taking possession of the Premises and provided to the VSBA’s Property Unit.

The Property Condition Report is an extremely important document, which may be used as evidence if there is any future dispute between the parties in relation to the condition of the Premises at the commencement of the lease term.

A Property Condition Report must be completed by a Tenant at the commencement of any Agreement and by all Tenants when any new co-Tenant enters occupation of a Premises.

8.6

Property Condition Report forms are available from VSBA.

8.7

The Host School must prepare a Property Condition Report at the beginning of each tenancy, noting the general condition of the Premises, including fittings and fixtures contained in the Premises.

8.8

Two copies of the Property Condition Report signed by the Host School must be given to the Tenant before the Premises are occupied.

The Tenant must complete and return the Property Condition Report to the Host School within three Business Days after moving in to the Premises.

Each party should retain a copy of the Property Condition Report for their reference.

8.9

For Teacher Tenants, a copy of the Property Condition Report must be included with the Agreement

8.10

Host schools must ensure that they retain copies of keys to the Premises and must provide a copy to the VSBA.

During the Lease

8.11

All Teacher Housing must be inspected annually by a maintenance contractor authorised by VSBA (whether tenanted or not) and a Property Condition Report completed by the Host School. A copy of each Property Condition Report must be provided to the VSBA.

Expiry of Lease

8.12

On the expiration or sooner determination of the lease, the Teacher Tenant must ensure the Premises are vacant and in a clean and tidy condition — fair wear and tear excepted.

The Tenant must remove all personal belongings from the Premises and must provide a forwarding address to the Host School.

8.13

If any personal documents or goods are left behind (Abandoned Goods), the Host School must use reasonable endeavours to arrange collection of the Abandoned Goods by the Teacher Tenant. The Department and Host School is not responsible for any Abandoned Goods.

9 Rent

9.1

Rent will be reviewed periodically and between tenancies by the Department in consultation with the Host School; with due consideration given to local market rents. The Department’s final determination regarding any rent review is final.

9.2

Rents are not subsidised for Teacher Tenants, and tenancies are not part of the Teacher contract of employment.

Payment

9.3

Rent payable commences from the commencement date of the lease. All enquiries concerning commencement, variation or cessation of rent should be directed to the Host School.

9.4

Under the Education and Training Reform Act 2006 the Department is authorised to deduct fortnightly rental payments from staff salary. Rent will be paid by the Teacher Tenant in accordance with this provision and the signed Agreement constitutes the Teacher Tenant’s Agreement for the deduction.

9.5

Access to the Premises must not be provided until the signed Agreement has been received by the Host School and the VSBA.

9.6

Teachers are only eligible to occupy a Teacher House for so long as they teach at the Host School or another local school approved by the Principal of the Host School and/or the VSBA and remain a member of the teaching service of the Department.

9.7

The Teacher Tenant must ensure that rent is paid up to date at all times.

9.8

If rent is in arrears for 14 days or more, and the Tenant fails to pay arrears after receiving notice in writing, the Landlord through the VSBA, may terminate the Agreement on 14 days’ notice.

Permanent Teachers

9.9

As a number of weeks may elapse between the commencement of a tenancy and the first rental deduction from a salary, the rental account will initially be in arrears. For this reason, rental deductions generally commence at twice the standard rate until the account is up-to-date. Teacher Tenants should ensure that they allow for these additional deductions by setting aside an appropriate amount for living expenses during the initial period.

Contract Teachers

9.10

If a Teacher Tenant’s employment contract is concluded at the end of a semester and they wish to remain in the accommodation in anticipation of being awarded a new staff contract, it is the Teacher Tenant’s responsibility to make arrangements with the VSBA for an alternative method to pay rent during that period or give notice to vacate. The Host School must notify the VSBA that the contract has ceased.

Casual Teachers

9.11

Casual Teachers in short-term rental arrangements (of less than three months and not on the Department’s salary system) must enter a lease Agreement in the form required by the VSBA and remit rent as directed by the VSBA.

9.12

Casual Teachers are required to pay two weeks’ rent in advance before occupying the Premises, and must maintain the rent payments 2 weeks in advance by regular payments thereafter.

10 Tenant and Landlord Obligations during the Lease

Obligation of the Host School/Department

10.1

The Host School is required to:

1. ensure the Premises are reasonably clean and habitable at the commencement of the tenancy
2. maintain the Premises in a reasonable state of repair in consultation with the Department
3. organise the cleaning of gutters and grease traps yearly or more often as needed
4. organise the service of heating and cooling units each year
5. organise the removal of dead trees and bushes, as needed
6. maintain all smoke detectors (Tenants to ensure live batteries are installed), and
7. pay the costs for connection and services charges for electricity, gas, water, sewerage and telephone and internet line to the Premises (but not usage)

Obligations of the Teacher Tenant

10.2

The Teacher Tenant must:

1. ensure rent is paid on time and kept up to date
2. immediately notify the Department of any change in circumstances that may affect the Agreement
3. maintain the Premises in a clean condition, including common areas where applicable
4. avoid damage to the Premises or common areas
5. ensure gardens are maintained in a reasonable order within the limits of water restrictions, including the mowing of lawns and limiting rubbish left in the grounds
6. meet the cost of repairing any damage to the Premises or common areas where applicable, caused by the Teacher Tenant or any visitor, guest or invitee of the Teacher Tenant
7. allow access to the Host School and its authorised contractors, employees or delegates and to carry out necessary repairs and other services (subject to receiving notice in accordance with the terms of the Agreement)
8. not install fixtures without the written consent of the Department, which may be given or withheld in the Department's absolute discretion
9. not change locks to the Premises without the written consent of the Department
10. not interfere with the reasonable peace, comfort and privacy of neighbouring occupants
11. not use the Premises for any illegal purpose
12. not sub-let, licence or assign the Teacher Tenant's interest in the Premises or otherwise part with possession of the Premises or permit additional occupants into the Premises without prior written approval of the Department, which may be given or withheld in the Department's absolute discretion and
13. not operate any business enterprise from the Premises without the prior written approval of the Department, which may be given or withheld in the Department's absolute discretion

11 Repairs — Urgent and Non-Urgent

Non-urgent Repairs

11.1

For non-urgent repairs, the Teacher Tenant should in the first instance email the VSBA’s Property Unit on vsba.teacher.housing@education.vic.gov.au advising of what repairs are required. The VSBA will not be obliged to make any such repairs but will consider each request on a case by case basis, acting reasonably.

11.2

The Tenant must continue to pay rent even if the repairs have not yet been undertaken.

11.3

If the Tenant caused the damage, the Department may require the Tenant to arrange and/or reimburse the cost of the repairs.

11.4

The Host School will contact the the VSBA who will prioritise the works if applicable. Alternatively, the Host School may organise the repairs after first obtaining permission from the VSBA.

11.5

All requests for repairs must be communicated in writing and copies of all letters, forms, and reports must be retained by the Host School and forwarded to the VSBA’s Property Unit.

11.6

When Tenants request repairs, the VSBA will provide an indication of when the repairs will be carried out. If the work has not been attended to within a period indicated the Tenant should contact the Property Unit (on the email address above) and ascertain the reasons for the delay.

Note: It is not always possible for the VSBA to arrange for non-urgent repair work to be undertaken quickly. Difficulties in securing contractors or obtaining materials in some remote localities may delay work.

Urgent Repairs

11.8

If the request is urgent (as defined in 12.12 Right of Entry), and it is not possible for the Tenant to contact the Host School, the Tenant should contact the VSBA’s Property Unit at vsba.teacher.housing@education.vic.gov.au

11.9

If the VSBA are not available (such as during the weekend or on a public holiday) and the repair is urgent, the Tenant has permission to contact a local contractor to carry out the repair (acting reasonably). The Tenant may be liable if the VSBA does not agree that it fitted the criteria.

11.10

Host Schools have permission to organise emergency repairs.

11.11

The following scenarios are considered to be urgent repairs:

1. burst water service
2. blocked or broken toilet system
3. serious roof leak
4. gas leak or a dangerous electrical fault
5. flooding or serious flood damage
6. serious storm or fire damage
7. failure or breakdown of any essential service or appliance provided by the Department for hot water, water, cooking, heating, or laundry
8. failure or breakdown of the gas, electricity or water supply
9. any fault or damage in the Premises that makes the Premises unsafe or insecure
10. appliance, fitting, or fixture that is not working properly and which causes substantial water to be wasted
    
    Serious means that the damage is such that it presents a risk of further damage to the Premises or surrounding properties or presents a risk to the Tenant

Programmed Maintenance

11.12

Programmed maintenance may include works such as internal/external painting, gutter and roof repairs, re-carpeting and kitchen or bathroom renovations. The VSBA will use reasonable endeavours to attend to programmed maintenance when the Teacher Housing is untenanted, but reserves the right to complete any programmed maintenance during the term of an Agreement if the Department determines it is reasonably necessary or desirable.

11.13

If the Premises is programmed for any major maintenance, the Tenant will be notified of the proposed time schedule. Depending on the extent of the work to be undertaken, some disruption to the household will inevitably occur during the work. Every effort will be made to minimise the disruption.

11.14

Requests for meeting alternative accommodation costs will not be considered and rent is payable during the program.

Planned maintenance also includes the servicing of air conditioners and heaters once a year and the clearing of gutters. The Host School is responsible for planning and arranging this maintenance work to be carried out.

If a Tenant refuses access for booked contractors for planned maintenance of which the Tenant has been provided notice, the Tenant will be liable for any call out fee billed to the Department or Host School. This includes charges for any travel costs charged by a contractor to the Department or Host School.

12 Right of Entry

12.1

A lease is the grant of exclusive possession by the Department to the Tenant during the lease term, which enables the Tenant to exclude all others from the Premises, including the Department, for the term of the lease. The Department may enter the Premises on reasonable notice in writing to the Tenant, to inspect the Premises or to comply with any of the Department’s obligations under the Lease.

12.2

Subject to clause 12.5 the Host School, Department has the right to enter the Premises with no less than 24 hours written notice to the Tenant in the following circumstances:

• to carry out duties under the Agreement, or as required under any legislation
• to value the Premises
• to show prospective buyers through the Premises
• to show prospective Tenants through the Premises
  • Note: this can only be done within 14 days of the termination date specified in a termination notice from either the Tenant regarding vacating the Premises
• to verify a reasonable belief that the Tenant has not met their duties as a Tenant
• to conduct a general inspection in any six-month period, but not within the first three months of the term, and
• the notice may be hand delivered, or emailed. If the notice is to be hand delivered, then it must only be delivered between 8am and 6pm and must not be delivered on public holidays

12.3

In exercising its rights to enter the Premises for the purpose(s) specified in the notice to the Tenant, the Host School, Department must use reasonable endeavours to exercise the rights at reasonable times and to minimise interference with the Tenant when doing so.

12.4

The Tenant must provide the Department or Host School with access to the Premises in accordance with the notice served. The Department or Host School is allowed to enter the Premises if the Tenant is not home, provided that such information was included in the notice to the Tenant, and that the requirements regarding written notices outlined above have been met.

12.5

In the event of an emergency, as determined by the Department in its absolute discretion, the Department may enter the Premises at any time to take action the Department considers necessary to minimise risk or harm to the Tenant or other persons, or to minimise damage to the Premises or any property adjoining or surrounding the Premises.

13 Change in Employment Conditions

Change of Appointment

13.1

A Teacher Tenant appointed to a school in a different location may remain in occupation of the Premises, subject to approval by the principal of the Host School and the VSBA.

13.2

A Teacher Tenant may be required to vacate the Premises, if the Premises is required for local accommodation.

Retirement or Resignation

13.3

Teacher Tenants who retire or resign may remain in occupation of a property for up to one month after the expiration of the Agreement.

Contract Teachers

13.4

Subject to the approval of the VSBA, Teacher Tenants on contracts that expire at the end of the school year may continue to occupy the property during December and January, provided that the renewed contract for the following year is expected to be renewed prior to the new school year.

13.5

If the contract is not renewed by December of the current year but the expectation is that it will be in the New Year the school and Tenant must both notify the VSBA and arrangements made for payment of rent during that time.

14 Breach of Tenancy Agreement

14.1

When the Teacher Tenant is in breach of Agreement, the Department may terminate the Agreement and institute proceedings to recover possession as follows:

1. the Department must serve a notice on the Tenant, setting out details of the Teacher Tenant’s breach, and requiring the breach to be rectified — if the breach can be rectified — or requiring payment of compensation if the breach cannot be rectified within 14 days, or
2. if the breach is not rectified or compensation is not paid within 14 days of the date of the notice, the Agreement will be immediately at an end, and the Teacher Tenant must vacate the Premises and leave it in the condition required by the Agreement

15 Vacating the Premises

15.1

The Teacher Tenant may end the Agreement by giving a minimum of 21 days’ notice in writing to the School or Department. In special circumstances (e.g. the Teacher Tenant is transferred at short notice), consideration will be given to a shorter notice period.

15.2

The Department can give notice:

• by providing 21 days written notice — without any grounds — after the probationary period has expired
• by providing 21 days written notice on exchange of a sale contract that requires vacant possession, or
• by providing 14 days written notice if the Tenant materially or consistently breaches a term — or terms, of the Agreement or if rent is more than 14 days in arrears, and
• during the probationary period, either party can end the Agreement by providing 21 days written notice

15.3

The Agreement will end on the date specified on the notice served by the Teacher Tenant or Department.

However, notwithstanding the Agreement has ended, the Teacher Tenant

• will remain responsible for payment of rent and other money under the Agreement, and
• is not released from the Teacher Tenant’s obligations with respect to vacating and cleaning the Premises until the last to occur of the:
  • date specified in a termination notice served by the Teacher Tenant
  • date specified in a termination notice served by the Department
  • date the Teacher Tenant has removed all furniture and belongings from the residence
  • date the Teacher Tenant has cleaned the Premises to the satisfaction of the Department; and
  • date the Teacher Tenant returns the keys of the Premises are returned to an approved person

15.4

Forward a signed Notice of Intention to Vacate to the Department via, email to: vsba.teacher.housing@edumail.vic.gov.au

or post to:

VSBA Teacher Housing Property Unit
Department of Education and Training
Level 2, 33 St Andrews Place, East Melbourne, VIC 3002

Finalise the Rent

15.5

The VSBA will arrange for Human Resources Division to cease the rental payment deductions from the Teacher Tenant’s salary at the appropriate time. This requires at least two weeks’ notice to take effect. It is the Tenant’s responsibility to ensure that they notify the Department of the vacating date. There will be no refunds if less than two weeks’ notice is provided.

Organise an Outgoing Inspection Condition Report

15.6

At the expiration or sooner determination of the Agreement, the Teacher Tenant and Host School must jointly carry out an inspection of the Premises and complete a Property Condition Report. The Teacher Tenant should arrange a mutually convenient time with the Host School.

15.7

The Teacher Tenant is responsible for the cost of repairing any damage to the Premises during the Term of the Agreement (excluding fair wear and tear).

15.8

The Teacher Tenant will be charged for cleaning costs if the Premises is not left in the same condition as at the commencement date of the Agreement, as evidenced by the Condition Report.

Return of Keys

15.9

The Teacher Tenant must return all keys (including all copies of the keys) to the Host School on vacating the Premises. When returning the keys the Teacher Tenant should ensure the keys are ‘tagged’ with the building’s number and address. If the Teacher Tenant does not return the keys, the Teacher Tenant will be charged the cost of ‘re-keying’ locks to the Premises.

Disconnecting Services

15.10

It is the Teacher Tenant’s responsibility to disconnect and pay the outstanding balances for utility services (e.g. electricity, gas, water usage and internet). The Teacher Tenant will not be reimbursed for any gas remaining in storage tanks.

15.11

The Teacher Tenant should also make any necessary arrangements to change and update their address and/or make arrangements for a redirection of mail.

Belongings Left Behind

15.12

The Department may on re-entry or termination remove from the Premises any property of the Teacher Tenant, including any fixtures, fittings or chattels which are not the Department’s property, and place them outside the Premises or store them at the Teacher’s cost for 28 days. The Department will not be liable for any loss or damage caused.

15.13

Tenants must leave a forwarding address or contact addresses and phone number when leaving a tenancy.

Resources

• Teacher Tenancy Guidelines for Renting a Teacher House (formerly the Teacher Housing Handbook) — further information for teachers when renting a Teacher House.
• Teacher Housing Tenancy Agreement template — an agreement that must be completed and endorsed by the principal and the VSBA property manager.