The Law Handbook 2024

Chapter 6.1: Tenancy 507 • by a person who normally lives with the rental provider and is substantially or wholly dependent on the rental provider (s 91ZZA RT Act). The Notice to Vacate should specify the relationship of the family member or dependent person. The rental provider or their family member must intend to occupy the premises immediately after the termination date in the Notice to Vacate. The notice is likely not valid if a delay is planned between the termination date and the date the family member or rental provider will take occupation of the premises. If there is a fixed-term rental agreement, the notice must not specify a termination date that is earlier than the last day of a fixed-term rental agreement (s 91ZZI(1)(b) RT Act). A rental provider who obtains possession of the premises after serving a notice under this section must not re-let the premises to another person within six months of giving this notice (s 91ZZH(1)). This prohibition does not apply to the rental provider renting the premises to the person referred to in the notice (s 91ZZH (2)). The notice must include documentary evidence to support the reason for giving the notice (s 91ZZO RT Act). The documentary evidence required is a statutory declaration signed by the rental provider stating either: • that they intend to reside at the rented premises; or • the name of the person who will occupy the premises, their relationship to the rental provider and a declaration of whether the person is a dependent. The statutory declaration must also include a statement that the rental provider understands that they must not re-let the premises to any person other than the person named to be moving into the rented premises in the statutory declaration for use primarily as a residence before the end of six months after the date on which notice was given, unless approved by VCAT. Premises to be sold The rental provider may give a 60-day Notice to Vacate if the premises is to be sold or offered for sale with vacant possession (s 91ZZB RT Act). The rental provider must intend to sell the premises or offer it for sale immediately after the termination date in the Notice to Vacate. If the contract of sale contains conditions that, if not satisfied, entitle a party to terminate a contract, the rental provider may, within 14 days after the last of these conditions is satisfied, give the renter a Notice to Vacate (s 91ZZB(2) RT Act). If the contract is not conditional, the rental provider may, within 14 days after the contract of sale was entered into, give the renter a Notice to Vacate (s 91ZZ(3)). If the property has been sold, the contract of sale must be attached to the Notice to Vacate. Renters should check when the sale became unconditional and compare this to the date of the Notice to Vacate. If the Notice to Vacate was not given within 14 days of the unconditional sale date, the notice is invalid. If there is a fixed-term rental agreement, the notice must not specify a termination date that is earlier than the last day of a fixed-term rental agreement (s 91ZZI(1)(b) RT Act). A rental provider who obtains possession of the premises after serving a notice under this section must not re-let the premises to another person within six months of giving this notice (s 91ZZH(1)). The notice must include documentary evidence to support the reason for giving the notice (s 91ZZO RT Act). The documentary evidence required is: • contract of sale, signed by the vendor and purchaser and dated; • contract of engagement or authority to sell with a licensed estate agent; or • preparation of a contract of sale prepared by a conveyancer or lawyer. Premises to be repaired, renovated or reconstructed The rental provider may give the renter a 60-day Notice to Vacate if the rental provider intends to immediately repair, renovate or reconstruct the premises, and the work cannot be carried out without vacant possession (s 91ZX RT Act). The rental provider must have obtained all necessary permits and consents to do the work prior to issuing the Notice to Vacate (s 91ZX(1)(b) RT Act). The renter can challenge the notice if they believe that the renovations do not necessitate them moving out. The renter must provide evidence to that effect (e.g. statements from tradespeople, photographs and witness statements). The key question may be whether such work is so extensive as to require vacant possession. The rental