Notices to Vacate (NTV)

NTV must be written and served correctly to be seen as valid. This guide demonstrates how to serve the notice correctly.

#VCAT #CAV

Evidence Link:

Section of the Act:

• Part 2, Division 9 – Termination of residential rental agreement.

• https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997/101

VCAT - Tenancy Hub

Registered users of VCAT tenancy hub may issue a NTV. VCAT create the notice and the user enters the required data.

https://www.vcat.vic.gov.au/case-types/residential-tenancies/when-to-send-notices

Consumer Affairs Victoria - CAV

CAV have created a prescribed form containing the same fields as VCAT tenancy hub above. This form can be used by non VCAT hub users, self managing landlords and rooming house providers.

CAV - Residential Tenancy NTV - https://www.consumer.vic.gov.au/housing/renting/moving-out-giving-notice-and-evictions/notice-to-vacate/giving-notice-to-a-renter

CAV - Rooming House NTV - https://www.consumer.vic.gov.au/housing/renting/moving-out-giving-notice-and-evictions/notice-to-vacate/giving-notice-to-a-rooming-house-resident

"Getting it right the first time saves you many problems later on"

How to give notice

The notice must:

• be addressed to the renter

• give the reason the rental provider is ending the agreement

• be signed by the rental provider (or their agent)

• be sent with enough time for it to get to the renter

• state the date the renter has to leave by (the termination date).

Form:

Notice to vacate to renter of rented premises.docx

Download DOCX • 107KB

Delivery of NTV

The notice to vacate must be delivered to the renter at the rented premises, either by:

• registered post

• electronic communication (such as email), if the renter has given consent to receive notices and other documents this way

• hand (giving the notice personally to the renter).

Allow for mail delivery times, which depend on:

• your delivery method

• where you are mailing your notice from.

It is important to allow enough time for mail to be delivered if you are posting the notice. The Australia Post website can help calculate delivery times. If you are delivering the notice by mail you must use registered post.

List of reasons rental provider can ask renters to leave early

The renter or their visitor intentionally or recklessly causes serious damage to the property, including safety equipment and common areas	Immediate
The renter or their visitor puts neighbours, the rental provider or the provider's agent, or the rental provider or agent’s contractors or employees, in danger	Immediate
The premises are unfit for human habitation, destroyed totally, or destroyed to the extent that they are unsafe	Immediate
The renter or anyone else living in the rental property seriously threatens or intimidates the rental provider, their agent, or the rental provider or agent’s contractors or employees	14 days
The renter owes at least 14 days rent	14 days
The renter has failed to comply with a VCAT compliance order	14 days
The renter has already been given 2 breach of duty notices and the same breach occurs	14 days
The property is being used for illegal purposes	14 days
The renter has brought in other renters or sub-letters without consent	14 days
The renter has not paid the bond as agreed	14 days
The renter has a child under 16 years of age living at the premises when the rental agreement says this is not allowed	14 days
The rental provider is a government housing authority and the renter misled the authority so they could get social housing	14 days
The renter has been involved in a drug-related activity in public housing	14 days
The renter is keeping a pet without consent and VCAT has made an order excluding the pet	14 days

List of reasons a rental provider can give notice at the end of an agreement

Reason	Evidence Required to be issued with NTV	Minimum notice period
A fixed-term agreement of less than 6 months is ending	Lease agreement showing dates of current lease	60 days before the end of the initial fixed-term agreement
A fixed-term agreement of 6 months or more (but not more than 5 years) is ending	Lease agreement showing dates of current lease	90 days before the end of the initial fixed-term agreement
Lease agreement showing dates of current lease	Lease agreement showing dates of current lease	Lease agreement showing dates of current lease
The rental provider is planning to move in at the end of the fixed-term rental agreement. If this is the case, it must have been listed in the ‘additional terms’ section of the rental agreement. If you are giving a notice to vacate for this reason, you must include evidence with the notice to vacate.	Note - this is different from the standard 60-day NTV for family to move into property. Both of the following: the rental agreement (section 91ZW requires that this must be stated in the rental agreement); and a witnessed Statutory Declaration signed by the rental provider, confirming the date they intend to resume occupancy.	14 days
Reconstruction, repairs or renovations are planned and cannot go ahead unless the renter vacates. All necessary permits have been obtained. If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate.	NOTE: Plans, permits and approvals must be approved & attached to NTV BEFORE the NTV is issued to renter. The notice is invalid otherwise Both of the following: Photographic proof that repairs are required; and Contract with, or quotation from, a suitably qualified tradesperson for carrying out planned repairs, stating: the nature of the repairs required, the reasons why the premises need to be vacated by the renter in order to carry out the repairs, and an estimate of the length of time it will take to complete the repairs. Or the following: Building permit for repairs or renovation.	60 days
The rental property is going to be demolished and all necessary permits have been obtained. If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate. Note: If a notice to vacate is issued for this reason, the rental provider must not re-let the premises to a person for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT.	Both of the following: Building permit for demolition; and Contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur.	60 days
The rental provider wants to do something else with the property (for example, use it for a business). If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate.	The following: A witnessed Statutory Declaration of intention to use the premises for business purposes, including details of the particular business and stating that the premises will not be re-let as a residence before the end of 6 months after the date the notice was given. And one or more of the following: the ABN of the business; or Business registration or license; or Council planning permit.	60 days
The rental provider, a member of their immediate family (including parents and parents-in-law) or a dependent (who normally lives with the rental provider) will be moving in. If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate.	A witnessed Statutory Declaration signed by the rental provider, stating either: they intend to reside in the rented premises, or the name of the person who will occupy the rented premises, their relationship to the rental provider, and declaring whether the person is a dependent, and that the rental provider understands that they must not re-let the premises to any person (other than the person named to be moving in to the rented premises in the statutory declaration) for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT.
The property is to be sold or put up for sale, and vacated immediately after the rental agreement ends. If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate. Note: The rental provider cannot shorten the length of the rental agreement to give a notice to vacate for this reason. In addition, if a notice to vacate is issued for this reason, the rental provider must not re-let the premises to a person for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT.	One of the following: Contract of sale, signed by the vendor and purchaser and dated; or Contract of engagement/authority to sell with a licensed estate agent; or Preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner.	60 days
A government authority owns the property and needs it for public purposes. If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate.	One of the following: Provision of acquisition details (public information); or Compulsory letter of acquisition from the government.	60 days
The rental provider is a government housing authority and the renter no longer meets the criteria for social housing.		90 days

The above table indicates the reasons a landlord or Rental Provider may issues a NTV. Information will be added to this blog specifying technical information required for each notice.

What would VCAT do?

In every instance, you must think before issuing the NTV, what would VCAT do? VCAT apply proportionate and reasonable tests before they issue Orders of Possession. Knowing this, you need to consider is the reason and evidence provided enough to satisfy the question from VCAT: Do you have legitimate grounds to issue the NTV and is it reasonable and proportionate for VCAT to issue an Order of Possession? If you cannot answer this, think twice before issuing the NTV. If you issue the NTV in retaliation against your renter, don't issue the NTV at all.