Notice for breach of duty to resident/s of rooming houses
Residential Tenancies Act 1997 (the Act), S208(1) & (2)
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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 for breach of duty
to resident/s for:
- using the room for other than a residential purpose
- unpaid rent
- interfering with the privacy and peace and quiet of other residents
- keeping the room in a poor condition
- installing fixtures without written consent
- unreported damage by resident
- unreported damage or breakdown
- keeping an animal without consent
- failing to supply a key
- failing to observe the house rules
- refusing to permit entry.
How to use this form
1.Identify your reason
Carefully read the reasons on the back of this page. These are all the breaches of duty specified in the Act under which a duty arises and for which you can give a breach of duty notice. Select the correct reason.
The number beside each reason is the relevant section of the Act. You should consult S207 and S208(1) of the Act to make sure that you are entitled to give a notice.
2.Complete questions 1 to 7
You must complete all boxes.
3.Sign at 8 and write your name at 9
4.Write your reason in 10
In box 10, write the section number and the exact words given to you on the back of this page.
5.Complete 11
Give details of the loss or damage caused by the breach.
6.Write what you require in 12
Write exactly want you want them to do to remedy the breach or the amount of compensation you require if they do not remedy it. The amount of compensation you seek should reflect the amount or value of the loss or damage that you have described at 11.
7.Attachments
For some reasons you must provide evidence or receipts. If you are providing them, attach them to the notice and tick the ‘yes’ box in 14.
8.When the form is complete
Send a copy of the form to the resident/s. For more information, see ‘How to serve this notice’ on page 2.
Keep copies of the form for your records. If the resident/s do not comply, you can send one of these copies to Victorian and Civil Administrative Tribunal (VCAT) with an application 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 1300558181.
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Notice for breach of duty to resident/s of rooming houses
Reasons to use in question 10
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110–non-residential use
you have used the room for a purpose other than a residential purpose.
112–unpaid rent
you have not paid the rent as agreed.
113–interference with peace
you have interfered or allowed your visitor to interfere with the privacy and peace and quiet of other residents or their proper use and enjoyment of the rooming house.
114–room in poor condition
you have not kept the room clean and in a condition which will not create a fire or health hazard.
115–fixtures without consent
you have installed a fixture in the room or rooming house without my prior written consent.
116(1)–unreported damage caused by resident
you or your visitor caused damage other than fair war and tear to the room or the rooming house and you did not notify and compensate me.
116(2)–unreported damage or breakdown
you did not report damage to, or breakdown of, facilities, fixtures, furniture or provided equipment of which you had knowledge.
117–animal without consent
you kept an animal at the rooming house without my consent.
118–failure to supply key
you failed to give me a key to the door of the room to allow access as permitted by the Act.
119–failed to observe house rules
you failed to observe house rules made in accordance with the Act. The house rule(s) you did not observe is/are_
- write the rule in 10, or attach to notice.
140–refusal to permit entry
137(a)–you did not permit a person exercising a right of entry to enter the room to show the room to a prospective resident.
137(b)–you did not permit a person exercising a right of entry to enter the room to show the rooming house to a prospective buyer or lender.
137(c)–you did not permit a person exercising a right of entry to enter the room to enable the owner to carry out a duty as an owner.
137(d)–you did not permit a person exercising a right of entry to enter the room upon believing on reasonable grounds that you had failed to comply with your duty as a resident.
137(e)–you did not permit a person exercising a right of entry to enter the room to inspect the room, where entry for that purpose has not been made within the last 4 weeks.
- Please note – refer to S137 to ensure that you have a right of entry.
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How to serve this notice
You can serve this notice by hand, by post, or by email (with consent).
If you send this notice by post, you must take into account the extra days it takes for the notice to be delivered. Australia Post has three different speeds for ordinary mail delivery – express, priority and regular mail, which may take up to six days. Priority and regular delivery speeds also apply for registered post. You may wish to keep evidence of the mail delivery method you relied on to send this notice.
For more information about Australia Post’s mail 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/s 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 Tribunal website (vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).
If you need help with this notice, visitthe Renting section – Consumer Affairs Victoria website (consumer.vic.gov.au/renting)
or call the Consumer Affairs Victoria Helpline on 1300 55 81 81.
Notice for breach of duty to resident/s of rooming housesResident’s copy
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Resident details
This notice is given to:(resident/s names)
Regarding the rooming house at:
(write address and include room number)
Resident/s address:
(if same address as 2, write ‘as above’)
Owner details
Owner’s name:(cannot be an agent’s)
Address for serving documents: (can be an agent’s)
My contact telephone numbers are:
Business hours:After hours:
Service details
This notice is given:(mark one method only and if posted note the delivery speed)
by hand:by registered post:
by ordinary post:
by email:
Insert email address:
(if applicable)
on (date): / / /
Signature of owner or agent:
Name of owner or agent signing this notice:
Reason for breach of duty notice
I believe you have breached your duty as resident because:(write the section number and words from the opposite page)
The loss or damage caused is:
Compensation or compliance required:
I require you to remedy the breach within 3 days after receiving this notice by:
or pay me compensation of: ($)You must not commit a similar breach again. If you do notcomply with this notice the owner may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a compensation orcompliance order or a notice to vacate may be given under section 283.
Details are attached to this notice:
(e.g. receipts, other evidence)
no:
Resident please note
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice for breach of duty to resident/s of rooming housesOwner’s copy
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Resident details
- This notice is given to:(resident/s names)
Regarding the rooming house at:
(write address and include room number)
Resident/s address:
(if same address as 2, write ‘as above’)
Owner details
Owner’s name:(cannot be an agent’s)
Address for serving documents: (can be an agent’s)
My contact telephone numbers are:
Business hours:After hours:
Service details
This notice is given:(mark one method only and if posted note the delivery speed)
by hand:by registered post:
by ordinary post:
by email:
Insert email address:
(if applicable)
on (date): / / /
Signature of owner or agent:
Name of owner or agent signing this notice:
Reason for breach of duty notice
I believe you have breached your duty as resident because:(write the section number and words from the opposite page)
The loss or damage caused is:
Compensation or compliance required:
I require you to remedy the breach within 3 days after receiving this notice by:
or pay me compensation of: ($)You must not commit a similar breach again. If you do not comply with this notice the owner may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a compensation orcompliance order or a notice to vacate may be given under section 283.
Details are attached to this notice:
(e.g. receipts, other evidence)
no:
Resident please note
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice for breach of duty to resident/s of rooming housesOwner’s copy
Page 1 of 5
Resident details
- This notice is given to:(resident/s names)
Regarding the rooming house at:
(write address and include room number)
Resident/s address:
(if same address as 2, write ‘as above’)
Owner details
Owner’s name:(cannot be an agent’s)
Address for serving documents: (can be an agent’s)
My contact telephone numbers are:
Business hours:After hours:
Service details
This notice is given:(mark one method only and if posted note the delivery speed)
by hand:by registered post:
by ordinary post:
by email:
Insert email address:
(if applicable)
on (date): / / /
Signature of owner or agent:
Name of owner or agent signing this notice:
Reason for breach of duty notice
I believe you have breached your duty as resident because:(write the section number and words from the opposite page)
The loss or damage caused is:
Compensation or compliance required:
I require you to remedy the breach within 3 days after receiving this notice by:
or pay me compensation of: ($)You must not commit a similar breach again. If you do not comply with this notice the owner may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a compensation orcompliance order or a notice to vacate may be given under section 283.
Details are attached to this notice:
(e.g. receipts, other evidence)
no:
Resident please note
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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