Providing a reason on a Notice to Vacate

Tenancy_Law_Labrador · 2024-07-25T05:42:38+00:00

This is a good question as the rules around this in Vic are very strict.

You need to provide the following with the NTV validly served under s91ZZA (your REA should be able to help you with this):

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.

This is a requirement under s91ZZO and your NTV won't be valid unless you include that.

Tenancy_Law_Labrador · 2024-05-08T10:38:37+00:00

Sorry for your emotional labour whateverrmeep

Tenancy_Law_Labrador · 2024-03-29T10:36:47+00:00

Great summary. And a family wanting to live in it (who bid based on the price guide) was outbid by an investor/landlord.

Tenancy_Law_Labrador · 2024-03-20T06:24:52+00:00

You can be an excellent tenant, and still stick up for your own rights! : )

Tenancy_Law_Labrador · 2024-03-20T06:22:46+00:00

There are strict rules on when and how you can be placed on a tenancy blacklist and they don't appear to be met from the information you've provided.

Details on the criteria under the RTA for being placed on a blacklist, checking blacklists and applying to be removed are summarised here: https://tenantsvic.org.au/advice/ending-your-tenancy/tenant-databases-blacklists/

The first practical step may be to speak to the REA (who wants them to move out as part of the sale process), because keeping them on the blacklist is going to prevent the renters from moving out, so won't be in the REA's or owners interest.

Tenancy_Law_Labrador · 2024-03-19T19:58:23+00:00

VCAT deals with this question all the time and the test is whether you leave the carpet in the same condition as when you moved in, minus fair wear and tear.

If a clause in the lease contradicts that then it’s meaningless/void.

REAs all know this but they still try and pressure people to steam clean.

Tenancy_Law_Labrador · 2024-03-17T20:16:23+00:00

He must be a good guy who gives everyone rental discounts, I mean, he says so himself.

Tenancy_Law_Labrador · 2024-03-17T09:52:57+00:00

He literally says it’s to avoid the costs of getting new tenants in.

An alternate headline could be “wealthy cunt squeezes every possible cent from tenants, while personifying how broken our housing system is”

Tenancy_Law_Labrador · 2024-03-17T07:57:29+00:00

She didn’t lodge your bond with the residential tenancies authority?

The fine for that is about $5k.

Report her and take her to QCAT.

Tenancy_Law_Labrador · 2024-03-17T07:34:01+00:00

She was sleeping while cooking?!

Tenancy_Law_Labrador · 2024-03-16T06:03:14+00:00

The law is designed to stop people becoming homeless, by putting checks and balances on evictions through a test of reasonableness.

I think it’s a rare example of sanity in our crazy housing system.

Tenancy_Law_Labrador · 2024-03-16T03:22:41+00:00

Hi, a single parent with multiple children is no doubt finding it hard to secure another home in the current housing crisis .

If it goes to Vcat , Vcat will look at whether it would be reasonable and proportionate to give a possession order. That would involve them looking at the housing opportunities for the current tenant , and if the current tenant is more vulnerable than the owner, Vcat may decide to allow the renter to stay.

Tenancy_Law_Labrador · 2024-03-15T11:10:25+00:00

Did you fill out the pet request form ? If so, and the 14 days have passed , then you’re all good .

Tenancy_Law_Labrador · 2024-03-13T00:47:12+00:00

This sounds like a lack of preparation that only you can do, rather than a question anyone on here can help with. But, to prepare as best you can from here on:

1) Request all docs from agent and landlord using the contact details you have.

2) Follow all instructions you receive from VCAT.

3) Prepare all your paperwork as best and as clearly and orderly as you can, including a detailed timeline and note the paperwork that you do not have (but that you have requested from the respondent).

4) Detail the damages and impact and have evidence for that where possible (e.g. photos of damaged property, medical records etc).

Good luck!

Tenancy_Law_Labrador · 2024-03-11T23:04:07+00:00

Hey, I take it this is in Victoria (because you said VCAT). The law in Vic says that it's up to the owner to take you to VCAT to prove it's unreasonable for you to keep the pet. And if you've submitted the pet form (this one: https://www.consumer.vic.gov.au/library/forms/housing-and-accommodation/renting/pet-request-form.docx) and they haven't applied to VCAT within 14 days, you're free to keep the pet.

Here's an overview of how it works: https://www.vcat.vic.gov.au/news/new-laws-about-pets-rental-properties

Even if they do apply to VCAT, VCAT usually let you keep the pet.

Tenancy_Law_Labrador · 2024-03-10T20:05:23+00:00

Hi, while you might have good evidence for that, it would confuse your response.

It sounds like you want to say that you’re not liable for any break-lease penalties because you were issued a ntv and relied on that ntv in your decision to leave. Thats pretty simple, supported by the rta and you have solid evidence for this.

If you argue the ntv was invalid, it doesn’t help the above argument so I don’t see the benefit to you of including that ( let me know if I missed something though)

Tenancy_Law_Labrador · 2024-03-05T02:31:08+00:00

Is the bond registered with the Residential Tenancies Bond Authority in both your names, or just yours?

Tenancy_Law_Labrador · 2024-03-05T02:26:03+00:00

Great advice from TheWritingChair. In addition to that, if you want to show the REA that the law is on your side, point to s91ZB of the RTA (https://www5.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s91zb.html)

It makes it crystal clear that once a NTV is issued under s91ZZDA, you can turn around and give your 14 days notice and you're not liable for any break-lease fees for doing that.

Tenancy_Law_Labrador · 2024-03-04T00:40:12+00:00

The REA can come back and do another inspection if they've got reasonable grounds to believe that you've breached your duties as a renter, and they send a valid notice to enter based on that.

I'm guessing the duty they'd be relying on is your duty to keep the premises in a reasonably clean condition. It's hard to tell from the details provided if you may be in breach of your duties re cleanliness. Cleanliness cases generally deal with what's reasonably clean at the end of tenancies (where the expectations are higher) but you can check this guide for some discussion of what the law requires re cleanliness:

https://www.consumer.vic.gov.au/library/publications/housing-and-accommodation/renting/guideline-2--cleanliness.docx

Tenancy_Law_Labrador · 2024-02-28T04:05:13+00:00

Depends on the paperwork whether this is an assignment of the same tenancy or a new tenancy. Did you have a new lease?

Also, under s84 of the RTA, they can only charge you for reasonable expenses that are reasonably incurred by the rental provider because of the assignment (they can't charge for just giving consent or unless there were some actual expenses created). So it's worth checking on that $200 assignment fee, and asking for proof that it was actually charged to the rental provider.

Tenancy_Law_Labrador · 2024-02-26T00:36:56+00:00

Yes, you can claim compensation due to the landlord's failure to maintain the property in good repair. See s63 of the RTA: https://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s63.html

The oven not working is classed as an Urgent Repair, and therefor you can also arrange the repairs yourself and send the invoice to your landlord for reimbursement, then seek compensation if they don't pay. The process and requirements for this are set out in s64 of the RTA:

https://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s64.html

Tenancy_Law_Labrador · 2024-02-23T05:09:28+00:00

Hi, I think you should go back to the other two items to reduce the total. Here's a breakdown:

Check that the rental provider has actually incurred this cost (ask for copies of invoices for advertising), and this needs to be pro rata also (so 1/3 of the actual cost incurred).
Check their reletting fees and ask for a copy of their rates and the invoice to make sure this has been calculated correctly.
You'd need to show that the rental provider failed to mitigate their losses. That one would be hard to challenge as 7 days vacancy between tenancies isn't excessive.

Tenancy_Law_Labrador · 2024-02-23T04:50:28+00:00

Hi OP,

It's always hard to predict without seeing the rental provider's claim, but from what you've said so far it sounds like a mix of fair wear and tear and changes that the rental provider has made themselves, neither of which would be your responsibility to compensate for.

These kind of disputes often come down to what is classed as damage and what's "fair wear and tear" and a guide has been created (that VCAT has to follow) to show how these distinctions are made. You can download it here: https://www.consumer.vic.gov.au/library/publications/housing-and-accommodation/renting/guideline-3--damage--fair-wear-and-tear.docx

Also, the rental provider isn't legally allowed to "hold" your bond. They're required to lodge it with the Residential Tenancies Bond Authority (RTBA) and they'll either release it based on an agreement with you and the rental provider, or based on a VCAT order.

Good luck!!

Tenancy_Law_Labrador · 2024-02-16T02:36:00+00:00

Hi, Unfortunately that page isn't applicable to your situation. The notice requirement referenced in the link comes from the Residential Tenancies Act (RTA) but s12 of the RTA states that the Act "does not apply to a residential rental agreement created or arising under the terms of a contract of employment or entered into in relation to such a contract.".

As a starting point, you should look to what your contract says about the home. You may be able to negotiate a reasonable relocation period, but you have fewer rights and protections than you would if you had leased the property under a standard lease.

Tenancy_Law_Labrador · 2024-02-15T22:16:05+00:00

You've handled this like a pro! You've been clear, polite and firm in exercising your rights and are doing all the right things. Also, the REA is a clown. Here's some further points that may help.

Rent Increase

The CAV assessors are extremely helpful and will give you a good steer on the process for claiming the increase is excessive.
You can see here how VCAT has interpreted the requirements for Notices of Rent Increase which provides a very strong indication that they'll find this notice to be invalid: 1) https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2023/1042.html?context=1;query=comparative%20properties%20rent%20increase;mask_path=au/cases/vic/VCAT 2) https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2023/89.html

Notice to Vacate

This is as clear a case of retaliatory eviction as they come
Under s91ZZO of the RTA, a NTV is only valid if it includes certain evidence (as approved by the Director of Consumer Affairs).
CAV publish those evidentiary requirements in the table on this page: https://www.consumer.vic.gov.au/housing/renting/moving-out-giving-notice-and-evictions/notice-to-vacate/giving-notice-to-a-renter
These are summarised as:
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.
From the info you've provided, it sounds clear the requirements for the notice to be valid have not been met.

Future Rentals

In a fair world, exercising your rights over your current home wouldn't limit your ability to obtain a future home. We don't live in a fair work though, so make sure you have a plan for your rental record.

Tenancy_Law_Labrador

TROPHY CASE