•Refer to the Act to ensure you are able to give a Notice to Vacate
•This form is used for the giving of notice to a Tenant to vacate the Premises. (The minimum notice period starts the day after this notice is given).
•The earliest Termination Date will be the day after the minimum notice period expires.
•The Tenant is to receive one copy of this notice and the Landlord is to keep 2 copies of this notice.
•Section 264 of the Act prohibits renting the Premises primarily as a residence before the end of 6 months after service of notice in respect of Section 256 and Section 259.
•Notice given under Section 255 to Section 263 inclusive in respect to a Fixed Term Tenancy Agreement is of no effect:
|(a) ||where a period of notice is less than any period of notice previously agreed to by the parties; or|
|(b)||where the Termination Date specified in the notice is a date earlier than the end date of the tenancy agreement.|
•Notice under Section 244(1) is not to be given if notice under Section 368 has been given in respect of the same Act or omission.
•Service of Notice – Section 506(3):
Notice must be given:
|(a) ||by delivering it personally to the Tenant or Resident |
|(b) ||by registered post to the Tenant or Resident at the rented Premises|
|(c)||electronically in accordance with the Electronic Transactions (Victoria) Act 2000 or as otherwise provided in the Residential Tenancy Agreement.|
•For assistance in calculating the effective date to vacate taking into account postage delivery time see, ‘giving notices and applications’ page (www.vcat.vic.gov.au/disputes/rt-notices).
•To help you calculate when you need to send or deliver this notice, allowing for delivery time, refer to the 'Giving notices – Residential Tenancies List’ webpage at the ‘Victorian Civil and Administrative Tribunal’ website (vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).
•The Landlord should retain evidence as to the method relied on to send this notice.