Form 9 - Notice to Vacate - AUVICREPM006

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

03 Apr 2019 v1.9

Additions / Changes:

 

Form Header

NOTICE TO VACATE

To the Tenant of the rented Premises

Residential Tenancies Act 1997(the Act) Section 319(a), Residential Tenancies Regulations 201908 Regulation 289(1)

 

21 Nov 2017 v1.8

Additions / Changes:

 

Form Header

NOTICE TO VACATE

To the Tenant of the rented Premises (Form 3)

Residential Tenancies Act 1997(the Act) Section 319(a), Residential Tenancies Regulations 2008 Regulation 9(1)

 

Item 7

Contact telephone numbers for the Landlord/ Owner/ Mortgagee: (can be an Agent’s telephone number)

Business Hours: ……………………………………        After Hours: ……………………………………

 

26 Apr 2017 v1.7

Additions / Changes:

 

Item 9

Reason for notice to vacate: (insert the reason and the section number of the Residential Tenancies Act 1997 for the Notice to Vacate. You must also provide supporting factual information regarding the specific premises to validate the reason given. However, if the notice is given under Section 263 of the Act, insert that section number and the words “no reason is required”.)

However—

__

if the notice is given under section 263 of the Act, insert the words ”section 263—no reason is required”; or

__

if the notice is given under section 268A of the Act, insert the words “section 268A—Tribunal order made requiring notice to be given”; or

__

if the notice is given under section 268B of the Act, insert the words “section 268B—there is no licence to operate this rooming house”.)

 

 

 

 

31 Jan 2017 v1.6

Additions / Changes:


Notes to the Landlord / Owner / Mortgagee or Agent

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.

 

30 Sep 2016 v1.5

Additions / Changes:


Item 10

This Notice is delivered to the Tenant: __ by hand __ by registered post  On this date: …… / …… / ……

__ by hand

__ by registered post (Note: for Australia Post delivery options and times visit (austpost.com.au))

__ by email     Insert email address ……………………………………………………………………………...

On this date: …… / …… / ……


Notes to the Landlord / Owner / Mortgagee or Agent

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).

The Landlord should retain evidence as to the method relied on to send this notice.

 

11 Jun 2015 v1.4

Copyright statement updated.

 

24 Jul 2014 v1.3

Additions / Changes:


Notes to the Tenant

You may challenge the validity of the Notice to Vacate by applying to the Victorian Civil and Administrative Tribunal not later than the periods provided below:

21 days - if notice was given under Section 261of the Act & and relates to a fixed term tenancy (6 months or less) (see Section 266 of the Act)

28 days - if notice was given under Section 261 of the Act & and relates to a fixed term tenancy (6 months or more)(see Section 266 of the Act)

30 days - if notice was given under Sections 255, S256, S257, S258, S259 or S 260 (see Section 321B of the Act)

60 days – if notice was given under Section 263 (see Section 266 of the Act)

In the case of the Landlord, Owner, Mortgagee or Agent applying for an order of possession from the Victorian Civil and Administrative Tribunal, you may attend and give evidence at such a hearing.


Notes to the Landlord / Owner / Mortgagee or Agent

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 60 days minimum  notice period starts the day after this notice is given).

The earliest Termination Date will be the day after the 60 days 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 residents 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.

 

15 Nov 2013 v1.2

Additions / Changes:


Notes to the Tenant

If you want help with this notice you can contact Consumer Affairs Victoria (1300 55 81 81) or visit consumer.vic.gov.au/renting

 

27 Jun 2008 v1.1

Additions / Changes:


Form Header

NOTICE TO VACATE

To the Tenant of the rented Premises (Form 3)

Residential Tenancies Act 1997(the Act) Section 319(a), Residential Tenancies Regulations 2008 Regulation 9(1)


Item 9

Reason for notice to vacate: (insert the reason and the section number of the Residential Tenancies Act 1997 for the Notice to Vacate. You must also provide supporting factual information regarding the specific premises to validate the reason given.  However, if the notice is given under Section 263 of the Act, insert that section number and the words “no reason is required”.)


Item 10

This notice is delivered to the Tenant given:


Item 13

Tenant please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice.  An application must be made to the Tribunal within 30 days after the notice to vacate was given.