The Law Handbook 2024

Chapter 6.1: Tenancy 495 letter, or on a Notice of Intention to Vacate Rented Premises by Renter form, which can be downloaded from CAV’s website. If the rental agreement is for a fixed term, the renter may only give a valid Notice of Intention to Vacate that expires on or after the last day of the fixed term. The notice should be delivered personally, or by post (registered mail is preferable), or by email (if the rental provider or agent has consented to electronic service) (s 506 RT Act). The renter must ensure that the rental provider receives 28 days clear notice (i.e. if the notice is sent by mail, the renter should allow extra time for delivery). It is good practice to contact the agent or rental provider shortly after sending the Notice of Intention to Vacate to confirm receipt of the notice. Reduced Notice of Intention to Vacate In some circumstances, renters with fixed-term rental agreements can give a Notice of Intention to Vacate that expires before the end of the fixed term and renters with periodic rental agreements can give less than 28 days’ notice. A renter can serve the rental provider with a 14-day Notice of Intention to Vacate (s 91ZB RT Act) if the rental provider has: • given the renter a notice of intention to sell and they were not told of the proposed sale before they entered into the rental agreement; • refused the renter’s request to make reasonable modifications so the property is suitable for their disability; • had their registration as an NDIS-registered provider revoked; or • given the renter a Notice to Vacate for one of these reasons: – repairs, renovations, reconstruction (s 91ZX), – demolition (s 91ZY), – property to be used as a business (s 91ZZ); – rental provider, or dependent family member, to move in (s 91ZZA); – property is sold or for sale (s 91ZZB); – property is required for a public purpose (s 91ZZC); – it is the end of a fixed-term agreement (s 91ZZD, 91ZZDA); or – the renter is a public housing renter and is no longer eligible for public housing (s 91ZZE). A renter can serve the rental provider with a 14-day Notice of Intention to Vacate (s 91ZB RT Act) if the renter: • requires special or personal care that they cannot get at the premises; • has a written offer of public housing or a registered community housing provider; or • is going into temporary crisis accommodation (s 91ZB(1)(b,c,d)). The renter also has to provide documentary evidence as proof if they are giving a Notice of Intention to Vacate for one of the three reasons above (s 91ZB(4) RT Act). For example, the written offer of public housing or attaching a doctor’s letter detailing the special or personal care and why they cannot access it at the rented premises. If the renter gives the rental provider a Notice of Intention to Vacate for any of the above reasons other than in response to a Notice to Vacate, then the renter is not liable for any form of lease breaking fee (s 91ZB(5) RT Act). If the Notice of Intention to Vacate was given in response to a Notice to Vacate, VCAT cannot award compensation for loss of future rent to the rental provider (s 211A(3)(d) RT Act). However, it is unclear from the RT Act whether the rental provider can claim some other kind of compensation for the renter ending the rental agreement early. Premises unfit for human habitation or does not meet minimum standards A renter can serve a rental provider with an immediate Notice of Intention to Vacate if the rental premises are unfit for human habitation or have been destroyed totally, or to such an extent as to be rendered unsafe (s 91ZD RT Act). In general, there need to be serious problems for a premises to be considered unfit for human habitation. A renter can notify the rental provider before they take possession of the premises or during the rental agreement (s 91L, 91ZD RT Act). This notice can be served regardless of whether the rental agreement is fixed term or periodic. A renter can serve a rental provider with an immediate Notice to Vacate if the premises does not meet any rental minimum standard and the renter has not entered into possession (s 91L RT Act).