Supporting documentation and clear communication are key when it comes to taking back the keys, but there is plenty to be aware of so rental providers and renters are supported when notice to vacate is being issued.
Changes to the Residential Tenancies Act in 2021 expanded the rights and responsibilities of renters and rental providers in Victoria by amending or introducing a handful of new laws. To ensure the security of both parties, changes to the terms surrounding notice to vacate were made, essentially requiring more clarity around the reasons renters should need to vacate.
“A notice to vacate is issued by a rental provider when they have plans for the property that will require the renter to move out of the home,” Kay & Burton Team Manager of Property Management, Philippa Leyland-Greaves says.
Under the new legislation, the reasons to issue a notice to vacate must be one of the following:
- The property is to be sold or put up for sale with vacant possession
- The rental provider or a member of their immediate family will be moving in
- Reconstruction, repairs or renovations are planned, or the property is going to be demolished.
“The rental provider must give a minimum of 60 days’ notice, but it is important to note that under the new legislation, once the 60 days has been issued, the renter can provide a return 14 days’ notice. This is irregardless of the fixed-term tenancy agreement,” Ms Leyland-Greaves explains.
If a rental provider has decided to issue a notice to vacate, it is critical they provide supporting documentation to substantiate their plans with the property.
This might look like a statutory declaration outlining who will be moving into the property, a quote from a builder confirming the upcoming extensive renovations, a demolition permit if the house is being rebuilt, or if the house is to be sold, a copy of the sales authority.
“Whether you are a renter or rental provider, I recommend having an open conversation with your property manager to help with these initial conversations,” Ms Leyland-Greaves says. Property managers are always happy to help relocate renters and help with this transition which if handled incorrectly can often be stressful.”
For additional information on the notice to vacate process, please call your Property Manager or follow the Consumer Affairs Victoria link here.