End of ‘no reason’ notices to vacate
Previously, rental providers could give notices to vacate without having to a provide a reason. This has been removed. Now rental providers will need to have a valid reason if they want to give a notice to vacate.
The only exception to this is an ‘end of fixed term’ notice to vacate, which can be given without a more specific reason, provided the termination date coincides with the end of your fixed term lease. But this sort of notice can only give given at the end of the first fixed-term, it cannot be given for any subsequent fixed term.
Renters may be able to challenge a notice to vacate if they do not think it is valid, or think it has been given in response to a renter exercising, or trying to exercise, their rights.
Evidence for notices to vacate
Some notices to vacate now require evidence to be attached as set out on the Consumer Affairs Victoria website. The list of attachments can be found here: ‘List of reasons rental provider can ask renters to leave early’.
For example, if the rental provider wants do major renovations, they must provide evidence such as a copy of the relevant building permit with the notice to vacate. If the Notice to vacate is because the rental provider wants to sell the property, they must attach evidence such as the signed contract of sale and their agreement with a sales agent.
Make sure to check that the Notice to vacate has got the correct types of documentary evidence attached to the notice. If it doesn’t, the Notice to vacate may be invalid and VCAT should dismiss rental providers application for a possession order.
To find out about notices to vacate what evidence must be attached to certain types of notices to vacate, see our page, Notices to vacate – documentary evidence.
To find out about Notices to vacate regarding rent arrears see our page, Overdue rent.