The Law Handbook 2024

536 Section 6: Houses, communities and the road every six months (s 498ZB RT Act). The factors a CAV inspector must consider are set out in section 498ZI(2) of the RT Act. Applications to challenge a notice of rent increase may be made (see s 498ZH; see also Manning v Secretary, Department of Families, Fairness and Housing (Residential Tenancies) [2023] VCAT 86 (27 January 2023)). Entry to specialist disability accommodation Entry to SDA is regulated by sections 498T–498Z of the RT Act. The following notice periods apply to entering a SDA dwelling: • at least 24 hours’ notice for maintenance or repair work (s 498U(b)(ii), 498V(1)(f)); • at least 24 hours’ notice to allow a duty under the RT Act or any other Act to be carried out (s 498U(b)(ii), 498V(1)(c)); • at least 48 hours’ notice to show a prospective resident or a prospective buyer the premises (s 498U(b)(i), 498V(1)(a)–(b)); and • at least seven days’ notice for a valuation or a general inspection (and not more frequently than once every six months and not within the first three months of the tenancy) (s 498U(b)(iii), 498V(1)(d)–(e)). A SDA provider can enter the SDA without giving notice if all the residents have given consent to the entry not more than seven days prior to entry (s 498U(a)(i), 498V(2)(a)). SDA can be entered without consent if: • there is an emergency; • the SDA provider believes, on reasonable grounds, that entry is necessary for the health and safety of the SDA resident(s); • the SDA resident(s) abandoned the premises; or • entry is necessary to undertake urgent repairs (s 498V(2)). SDA temporary relocations SDA residents can be given a temporary relocation notice (TRN) (s 498ZV RT Act). Specifically, TRNs can be given to residents who are living in rented premises under Part 2 or Part 12A of the RT Act and who are funded to live in a SDA dwelling. A TRN is not a Notice to Vacate (see AVW v Nadrasca Ltd (Residential Tenancies) [2017] VCAT 1462 (13 September 2017)). Note that SDA residents cannot get a TRN for rent arrears. Several bodies must be notified of a TRN: the CEO of NDIA, the Public Advocate and CAV (s 498ZV(4) RT Act). A TRN is effective immediately and cannot specify a relocation period of more than 90 days (s 498ZV(2) RT Act). During the relocation period, the SDA resident is excluded from the SDA dwelling. It is the SDA provider’s responsibility to provide the resident with suitable alternative accommodation (s 498ZV(7)). At the end of the relocation period, the resident is entitled to return to the dwelling (s 498ZV(10) RT Act). The SDA provider has an obligation to resolve the matter that caused the need for the resident to be relocated as soon as reasonably possible (s 498ZV(12)). While it appears that aTRNcannot bemeaningfully enforced, the SDA provider can issue a Notice to Vacate 24 hours after issuing a TRN (s 498ZX(3)). SDA residents who receive a TRNshould immediately seek legal advice and should consider challenging the notice under section 498ZZC of the RT Act. Grounds for temporary relocation notices The grounds for temporary relocation include serious disruption, danger, the SDA can no longer provide appropriate support, the relocation is for the resident’s safety or wellbeing, the resident has caused serious damage to the dwelling, the resident has used the premises illegally, SDA is no longer being provided at the premises, the dwelling is no longer suitable for SDA, or so that repairs, renovation or reconstruction to the premises can be made (s 498ZV(1) RT Act). Many of the grounds for temporary relocation mirror the grounds for issuing a Notice to Vacate in the RT Act. Similar arguments can be made (see Reubenhom Pty Ltd v Unger (Residential Tenancies) [2018] VCAT 1582 (11 October 2018) at [41]). SDA Notice to Vacate For SDA, the list of the types of Notices to Vacate and the procedures to follow to seek possession are set out in section 498ZX of the RT Act. Residents may apply to VCAT to review a Notice to Vacate