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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
29 Mar 2021
03 Apr 2019 v1.6
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Form Header
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NOTICE TO LEAVE
to resident of managed premises or resident’s visitor
Residential Tenancies Act 1997 (the Act), Section 368(3) and Residential Tenancies Regulations 201908, Regulation 316
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Resident Notes 4
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Resident please note: If you receive a notice to leave, you may apply to the Victorian Civil and Administrative Tribunal under section 452 of the Residential Tenancies Act 1997 to challenge the validity of the notice. Time limits may apply.
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21 Nov 2017 v1.5
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Form Header
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NOTICE TO LEAVE
to resident of managed premises or resident’s visitor (Form 12)
Residential Tenancies Act 1997 (the Act), Section 368(3) and Residential Tenancies Regulations 2008, Regulation 16
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16 Jan 2017 v1.4
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Resident Notes 1
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It is an offence under the Act to remain on the managed premises after receiving this Notice to Leave.
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Resident Notes 2
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If you are a RESIDENT:
(a)
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your tenancy agreement, or residency right or site agreement is now SUSPENDED until either –
(1)
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the end of 2 business days from the date of this notice; OR
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(2)
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if your landlord, or rooming house owner, or caravan park owner or site owner applies to the Tribunal before the end of 2 business days after the suspension for an orderunder section 371 to terminate your tenancy agreement, or residency right, or site agreement - the Tribunal decides that application; and OR
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(3)
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if your landlord, rooming house owner or caravan park owner applies to the Tribunal for an order before the end of two business days after the suspension of the tenancy agreement or residency right to terminate your tenancy agreement or residency right, the Tribunal decides that application.
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(b)
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it is an offence to enter the managed premises while a suspension is in force; and
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(c)
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despite your tenancy agreement, or residency right, or site agreement being suspended, you are still required to pay rent (and hiring charge, in the case of a caravan) during the suspension period unless the Tribunal makes an order under Section 376(1)(b) of the Residential Tenancies Act 1997 that the suspension cease and you are allowed to resume occupation.
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Resident Notes 3
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This notice can only be given to residents or visitors of those residents of managed premises. See Part 8 of the Residential Tenancies Act 1997 which defines these terms. A resident is a resident of a rooming house or caravan park, or a site tenant. It also includes a tenant who has rented premises in a “managed high density building”. This means a building which has 2 or more rented premises and which has an on-site manager.
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Resident Notes 4
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Resident please note: If you receive a notice to leave, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. Time limits may apply. An application must be made to the Tribunal within 30 days after the notice to vacate was given.
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Manager Notes 1
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This notice cannot be given if a notice to vacate has been given under Sections 244, Section 279, or Section 303 or 317Y of the Residential Tenancies Act 1997 in respect of the same act or omission.
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01 Sep 2016 v1.3
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Item 6
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By the end of the next business day after I have given you this notice to leave, I will notify the Registrar of the Victorian Civil and Administrative Tribunal (VCAT).
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11 Jun 2015 v1.2
Copyright statement updated.
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27 Jun 2008 v1.1
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Form Header
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Notice to Leave
to resident of managed premises or resident’s visitor (Form 12)
Residential Tenancies Act 1997 (the Act), Section 368(3) & Residential Tenancies Regulations 2008, Regulation 15
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Resident Notes 2(ii)
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if your landlord or rooming house owner or caravan park owner applies to the Tribunal for an order under section 371 to terminate your tenancy agreement or residency right, the Tribunal decides that application; and
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Resident Notes 2(iii)
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if your landlord, rooming house owner or caravan park owner applies to the Tribunal for an order before the end of two business days after the suspension of the tenancy agreement or residency right to terminate your tenancy agreement or residency right, the Tribunal decides that application.
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Resident Notes 4
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Resident please note: If you receive a notice to leave, 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.
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