Form 10 - Composite Notice to Vacate (29.03.21)

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

29 Mar 2021

Additions / Changes:

Form deleted.

25 Feb 2019 v1.9

Additions / Changes:

Form Header

COMPOSITE NOTICE TO VACATE

To Tenant of the rented Premises for 2 or more reasons

Residential Tenancies Act 1997(the Act) Section 319(a)and 319A, Residential Tenancies Regulations 2019 Regulation 28(2)

03 Apr 2019 v1.8

Additions / Changes:

Form Header

COMPOSITE NOTICE TO VACATE

To Tenant of the rented Premises for 2 or more reasons

Residential Tenancies Act 1997(the Act) Section 319(a) and 319A, Residential Tenancies Regulations 201908 Regulation 289(2)

21 Nov 2017 v1.7

Additions / Changes:

Form Header

COMPOSITE NOTICE TO VACATE

To Tenant of the rented Premises for 2 or more reasons (Form 4)

Residential Tenancies Act 1997(the Act) Section 319(a), 319A, Residential Tenancies Regulations 2008 Regulation 9(2)

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 Composite Notice to Vacate.

•In the case of the Tenant’s failure to comply with this notice you may apply to the Victorian Civil and Administration Tribunal to hear your case.

•This form is used for the giving of notice to a Tenant to vacate the Premises when giving more than one reason and that requires 60 days minimum notice period to the Tenant under Sections 255, 256, 257, 258, 259 or 260 of the Act. (60 days 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 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 260 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 given: __ 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 Composite Notice to Vacate.

•In the case of the Tenant’s failure to comply with this notice you may apply to the Victorian Civil and Administration Tribunal to hear your case.

•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 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 260 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

24 Jul 2014 v1.3

Additions / Changes:

Notes to the Landlord / Owner / Mortgagee or Agent

•Refer to the Act to ensure you are able to give a Composite Notice to Vacate.

•In the case of the Tenant’s failure to comply with this notice you may apply to the Victorian Civil and Administration Tribunal to hear your case.

•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 260 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

COMPOSITE NOTICE TO VACATE

To Tenant of the rented Premises for 2 or more reasons (Form 4)

Residential Tenancies Act 1997(the Act) Section 319(a), 319A, Residential Tenancies Regulations 2008 Regulation 9(2)

Item 9

Reason for notice to vacate: (The composite notice may be given if you are entitled to give a notice to vacate under 2 or more of Sections 255, 256, 257, 258, 259, or 260 of the Residential Tenancies Act 1997. Insert each reason and the section numbers for the reason. You must also provide factual information regarding the specific premises to validate each reason given.)

Form 10 - Composite Notice to Vacate - AUVICREPM007