Composite Notice to Vacate to Resident of a Rooming House for Two Reasons

Composite notice to vacate to resident of a rooming house for two reasons

Residential Tenancies Act 1997 (the Act), Section 319A and Residential Tenancies Regulations 2008, Regulation 10(2)

Page 1 of 5

Note: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text.

Use this form to give notice to vacate whenyou intend to list more than one reason forthe resident/s to vacate under sections 285& 286.

Note – if you intend to list only one reason for theresident/s to vacate, you will need to use a non-compositeNotice to Vacate form available fromConsumer Affairs Victoria.

How to use this form

1.Identify your reasons

Read the reasons for giving a composite notice tovacate on the back of this page and identify thecorrect reasons for your circumstances.

The number beside each reason is the relevantsection and sub-section of the Act – eg 285(1) issection 285, sub-section (1). The title after thesection number describes the content of the section.

2.Consult the Act

You should consult the Act to make sure that you areentitled to give a composite notice to vacate.

3.The minimum time for the notice must be at least60days

The minimum notice period commences on the dayafter the notice is given and the first availabletermination date is the day after the minimum noticeperiod expires. Additional time must be allowed if thenotice is posted – see note on How to serve thisnotice at the bottom of the next page.

4.Use the attached notice

The Residential Tenancies Act 1997 and ResidentialTenancies Regulations 2008 set out exactly what must beon a composite notice to vacate. The prescribed notice tovacate is attached. You must use this notice to give yourresident notice to vacate.

5.Complete the notice

You must complete all boxes on the notice.

In box 9, write the section numbers and exact wordsgiven on the back of this page for the reason you aregiving a composite notice to vacate. You must insertdates and monetary amounts where a dotted lineappears in the reason.

For example, if you are giving a composite notice tovacate because the premises are to be sold and thendemolished, write in box 9:

S285(1) – the rooming house is to be sold or offered for sale with vacant possession immediately after termination date
S286(1) – the rooming house is to be demolished immediately after termination date and this cannot be done while you are living there. I have all the necessary permits and consents

6.Sign at 11 and write your name at 12

7.When the form is complete

Tear out the top form (Resident’s copy) and send tothe resident.

Keep the last two copies of the form for your records.If the resident does not comply, you can send a copy tothe Victorian Civil and Administrative Tribunal (VCAT)with an application for VCAT to hear your case.

Telephone Interpreter Service

If you have difficulty understanding English, contact the Translating and Interpreting Service (TIS) on 131 450 (forthecost of a local call) and ask to be put through to anInformation Officer at Consumer Affairs Victoria on 130055 81 81.

Page 1 of 5

Composite notice to vacate to resident of a rooming house for two reasons

Reasons for composite notice to vacate

Page 1 of 5

Reasons for at least 60 days composite noticeto vacate

285(1)–premises to be sold

the rooming house is to be sold or offered for sale withvacant possession immediately after termination date.

285(1A)–premises sold (conditional contract)

the last of the conditions of a conditional contract forthe sale of the premises was satisfied on _/_/_.

Please note – this notice must be given within 14 daysafter the last condition is satisfied.

285(1B)–premises sold (unconditional contract)

an unconditional contract for the sale of the premiseswas entered into on _/_/_.

Please note – this notice must be given within 14 daysafter an unconditional contract of sale is entered into.

286(1)–repairs or demolition

the rooming house is to be repaired, renovated,reconstructed, or demolished immediately aftertermination date and this cannot be donewhile you are living there. I have all the necessarypermits and consents.

Please note – a rooming house owner must not give aresident this notice for repairs or demolition unless theconditions in S286 are met.

(The composite notice may be given if you are entitled togive a notice to vacate under both sections 285 and 286 ofthe Residential Tenancies Act 1997. Insert each reason andthe section number for the reason. You must also providefactual information regarding the specific premises tovalidate each reason given.)

Page 1 of 5

How to serve this notice

You can serve this notice to the resident by hand,by registered post or by email (with consent).

If you send this notice by registered post, you must take into account the extra days it takes for the notice to be delivered. There are different delivery times depending on whether you send it by priority registered post or regular registered post, which may take up to six days. You may also wish to keep evidence of the method of registered post you relied on to send this notice.

For more information about Australia Post’s registered post delivery options and times, visit theAustralia Post website (auspost.com.au).

You can only send this notice by email if you already have the resident’s written consent to receive notices and other documents this way. The resident may have given consent in the residency agreement or separately in writing. A consent form is available from the Forms and publications section – Consumer Affairs Victoria website (consumer.vic.gov.au/forms).

If you send this notice by email, the provisions of the Electronic Transactions (Victoria) Act 2000 apply. For legal purposes,
the time when a notice is received is when it can be retrieved from the email address the recipient nominated.

To help calculate the total minimum days to allow, depending on the notice period required and the method of delivery,
visit the Giving notices – Residential Tenancies List page – Victorian Civil and Administrative Tribunalwebsite (vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).

If you need help with this notice, visit the Renting section – Consumer Affairs Victoria website (consumer.vic.gov.au/renting)
or call the Consumer Affairs Victoria Helpline on 1300 55 81 81.

Composite notice to vacate to resident of a rooming house for two reasons

Residential Tenancies Act 1997 319AResident’s copy

Residential Tenancies Regulations 2008, Regulation 10(2)

Page 1 of 5

Resident details

This notice is given to:(resident/s names)

Regarding the rooming house at:(include room no.)

Resident/s address:
(if same address as 2, write ‘as above’)

Owner/mortgagee details

I am giving you this notice as:(mark one only)

the rooming house owner:
the rooming house mortgagee:

Rooming house owner/mortgagee name:

Rooming house owner/mortgagee address forserving documents:(can be an agent’s address)

Contact telephone numbers for rooming houseowner/mortgagee: (can be an agent’s telephone numbers)

Business hours:
After hours:

Termination date

The Residential Tenancies Act 1997requires me togive you at least 60 days notice to vacate.

I require you to vacate on orbefore:(termination date) / / /

Reasons for notice to vacate

(The composite notice may be given if you are entitledto give a notice to vacate under both sections 285 and286 of the Residential Tenancies Act 1997. Insert eachreason and the section number for the reason. Youmust also provide factual information regarding thespecific premises to validate each reason given.)

This notice is delivered to the resident:(mark one method only and if registered post note the delivery speed)

by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /

Signature of owner, mortgagee or agent:

Name of owner, mortgagee or agent signing this notice:

Resident please note

If you receive a composite notice to vacate, you mayapply to the Victorian Civil and Administrative Tribunal (VCAT) to challenge the validity of the notice. An applicationmust be made to VCAT within 30 days after the notice to vacate was given.

If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting

Page 1 of 5

Composite notice to vacate to resident of a rooming house for two reasons

Residential Tenancies Act 1997 319AOwner’s copy

Residential Tenancies Regulations 2008, Regulation 10(2)

Page 1 of 5

Resident details

This notice is given to: (resident/s names)

Regarding the rooming house at:(include room no.)

Resident/s address:
(if same address as 2, write ‘as above’)

Owner/mortgagee details

I am giving you this notice as:(mark one only)

the rooming house owner:
the rooming house mortgagee:

Rooming house owner/mortgagee name:

Rooming house owner/mortgagee address for serving documents:(can be an agent’s address)

Contact telephone numbers for rooming house owner/mortgagee: (can be an agent’s telephone numbers)

Business hours:
After hours:

Termination date

The Residential Tenancies Act 1997requires me togive you at least 60 days notice to vacate.

I require you to vacate on orbefore:(termination date) / / /

Reasons for notice to vacate

(The composite notice may be given if you are entitled to give a notice to vacate under both sections 285 and 286 of the Residential Tenancies Act 1997. Insert each reason and the section number for the reason. You must also provide factual information regarding the specific premises to validate each reason given.)

This notice is delivered to the resident:(mark one method only and if registered post note the delivery speed)

by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /

Signature of owner, mortgagee or agent:

Name of owner, mortgagee or agent signing this notice:

Resident please note

If you receive a composite notice to vacate, you mayapply to the Victorian Civil and Administrative Tribunal (VCAT)to challenge the validity of the notice. An applicationmust be made to VCAT within 30 days after the notice to vacate was given.

If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting

Page 1 of 5

Composite notice to vacate to resident of a rooming house for two reasons

Residential Tenancies Act 1997 319AOwner’s copy

Residential Tenancies Regulations 2008, Regulation 10(2)

Page 1 of 5

Resident details

This notice is given to: (resident/s names)

Regarding the rooming house at:(include room no.)

Resident/s address:
(if same address as 2, write ‘as above’)

Owner/mortgagee details

I am giving you this notice as:(mark one only)

the rooming house owner:
the rooming house mortgagee:

Rooming house owner/mortgagee name:

Rooming house owner/mortgagee address for serving documents:(can be an agent’s address)

Contact telephone numbers for rooming house owner/mortgagee: (can be an agent’s telephone numbers)

Business hours:
After hours:

Termination date

The Residential Tenancies Act 1997requires me togive you at least 60 days notice to vacate.

I require you to vacate on orbefore:(termination date) / / /

Reasons for notice to vacate

(The composite notice may be given if you are entitled to give a notice to vacate under both sections 285 and 286 of the Residential Tenancies Act 1997. Insert each reason and the section number for the reason. You must also provide factual information regarding the specific premises to validate each reason given.)

This notice is delivered to the resident:(mark one method only and if registered post note the delivery speed)

by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /

Signature of owner, mortgagee or agent:

Name of owner, mortgagee or agent signing this notice:

Resident please note

If you receive a composite notice to vacate, you mayapply to the Victorian Civil and Administrative Tribunal (VCAT)to challenge the validity of the notice. An applicationmust be made to VCAT within 30 days after the notice to vacate was given.

If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting

Page 1 of 5