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The information on this page lists the notices you and the resident can use to end an SDA residency agreement. Find information about how to end a residential rental agreement.
Notices by email
The law says you must give the resident any notices and documents in person or by mail. The resident can also choose to get notices, documents and other information by email. They need to give you permission to do this, by:
The resident can change their mind at any time. They must tell you in writing if they no longer want to communicate by email.
If their email address changes, they must immediately give you their new email address.
Notice of revocation – to the resident
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You must give the resident this notice within 5 days of:
- the property no longer being enrolled as an SDA
- you no longer being registered as an NDIS provider.
The agreement ends 90 days after the above happens.
Notice to vacate – to the resident
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The notice to vacate provided to the resident will depend on the type of agreement they signed.
- If the resident signed an SDA residency agreement, you must use the Notice to vacate to SDA residents form.
- If the resident signed a Residential rental agreement, you must use the Notice to vacate to renter/s of rented premises form.
You can give an SDA resident a notice to vacate if they:
- got a breach of duty notice for not paying the rent, and did not pay the rent owing within 14 days
- make other residents or staff at the property feel unsafe and you reasonably believe that this is likely to reoccur
- stop other residents from using the property and you reasonably believe that this is likely to reoccur
- are a danger to themselves and you reasonably believe that they are still a danger
- can no longer be supported at the property and you reasonably believe that this is still the case
- seriously damage or destroy any part of the property and you reasonably believe that this is likely to reoccur
- use the property for illegal purposes and you reasonably believe that this is likely to reoccur
- need to move out of the property so that major repairs or renovations can happen (Note: there are evidence requirements that apply to this notice. Go to evidence requirements for more information)
- need to move out of the property because it is going to be demolished (Note: there are evidence requirements that apply to this notice. Go to evidence requirements for more information)
- need to move out because the property is being sold with vacant possession – this means it is being sold without anyone living in it. Note: there are evidence requirements that apply to this notice. Go to evidence requirements for more information.
- have not obeyed a VCAT order unless the order was about a resident keeping a pet without your consent.
Do I have to give the resident a notice of temporary relocation as well?
You are required to do this if the resident signed an SDA residency agreement. You must give the resident a notice of temporary relocation (for the same reason) at least 24 hours before giving them a notice to vacate.
- You do not need to do this if the notice to vacate is for failure to pay rent or to obey a VCAT compliance or compensation order. The resident will have already received a breach of duty notice for failure to comply.
- You do not need to do this if the notice to vacate is because the property is going to be demolished or sold. There is no need to temporarily move out the resident if the property is going to be demolished or sold.
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Do I have to find the resident somewhere else to live?
If you have given the resident a notice of temporary relocation before giving them a notice to vacate, you must find the resident somewhere suitable to live until:
- the end of the temporary relocation period specified on the notice of temporary relocation, or
- the resident finds other specialist disability accommodation.
If you give the resident a notice to vacate because their room or part of the property needs renovating or repairs, and there is another room available at the same rent, you must offer this room to the resident before finding them somewhere else to live.
Do I have to notify anyone?
Yes. If you give the resident a notice to vacate or notice of temporary relocation, you must notify:
- the NDIA (if the resident is an NDIS participant)
- the Director of Consumer Affairs Victoria. Use our Enter a notice given to an SDA resident online form. For more information, go to Notifying us of SDA agreements and notices.
After receiving a notification, the Director of Consumer Affairs Victoria will provide the details of the notice to other relevant funding agencies, including the Office of the Public Advocate, the Transport Accident Commission and the Victorian WorkCover Authority.
Evidence requirements
Some of the reasons for issuing a notice to vacate have specific evidence requirements. This means that the rental provider must supply a form of evidence demonstrating that the reason they have given in the notice to vacate is genuine.
If a notice to vacate requires specific evidence that is not supplied, the notice is invalid.
Detail on the required evidence for the relevant notices is provided in the table below.
| Reason for notice to vacate |
Evidence requirements |
The resident needs to move out of the property so that major repairs or renovations can happen
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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 SDA enrolled dwelling will need to be vacated by the resident 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.
|
The resident needs to move out of the property because it is going to be demolished
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Both of the following:
- Planning permit for demolition; and
- Contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur.
|
The resident needs to move out because the property is being sold with vacant possession – this means it is being sold without anyone living in it
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One of the following:
- Contract of sale, signed by the vendor and purchaser and dated; or
- Contract of engagement/authority to sell with a licensed estate agent; or
- Preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner.
|
When should I not give the resident a Notice to vacate?
You cannot give the resident a notice to vacate for serious damage or failure to obey a VCAT order if it is because of:
- fair wear and tear
- accidental damage
- reasonable use of the property
- reasonable use of any equipment they need for their disability
- any behaviour arising from the resident's disability
- a failure by a person to put in place, or follow the resident's support plan
- circumstances suggesting that the resident has been subjected to abuse or neglect.
Can the resident challenge a notice to vacate?
Yes. They can apply to VCAT to challenge the notice if they:
- disagree with the reason
- believe you did not give them proper notice.
For more information, go to Challenging a notice to vacate.
Can I change my mind?
Yes. You can cancel the notice to vacate at any time before the resident moves out by giving them a Notice of withdrawal.
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You must also tell us if you withdraw a notice to vacate. Go to Notifying us of SDA agreements and notices.
Possession orders
What is a possession order?
A possession order is issued by VCAT and says the resident must move out of the property. This order is often issued when a resident gets a notice to vacate but does not move out on the specified date.
Who can apply for a possession order?
You can apply to VCAT for a possession order. You must apply within 30 days of the resident's move out date.
You can also apply for a possession order if the resident notified you of their intention to vacate but didn't move out by the specified date.
How does a possession order work?
If VCAT grants you a possession order:
- you can immediately get a warrant of possession, or
- the resident might be asked to go to VCAT to explain why VCAT should not grant you a warrant of possession.
What is a warrant of possession?
A warrant of possession means a police officer can enter the property and make the resident move out. They can only enforce this action between 8am and 6pm, Monday to Saturday. Residents do not have to move out on a Sunday or a public holiday.
When will VCAT not issue a possession order?
VCAT will only grant a possession order if:
- it is fair based on the situation, and
- they think the resident can find somewhere suitable to live.
VCAT may not issue a possession order if the resident:
- ends up paying rent they owe. If they do not pay the rent owing, VCAT can issue the possession order
- did not obey a VCAT order but they can see:
- it is the first time the resident has disobeyed a VCAT order, and
- that they have tried to obey the order.
What happens if the resident leaves their goods behind?
The resident’s goods cannot be removed under the warrant of possession. For more information, go to Goods left behind in an SDA.
Notice of intention to vacate – from the resident
The resident must give you notice of their intention to vacate if they want to end the agreement and move out of the property.
They should use our Notice to SDA provider (Word, 573KB).
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If the resident signed a residential rental agreement and wants to end the agreement before the agreement’s end date, you can charge lease break fees. For more information, go to Breaking a rental agreement.
The resident’s support person can also give you this notice on their behalf.
Do I have to notify anyone?
Yes, if the resident gives you this notice, you must notify:
- the Office of the Public Advocate
- the NDIA (if the resident is an NDIS participant)
- the resident’s guardian or administrator if:
- they have one
- the resident gave you this notice personally.
- us. For more information, go to Notifying us of SDA agreements and notices.
Can the resident change their mind?
Yes, the resident can withdraw their notice of intention to vacate before they move out. They must give you a Notice of withdrawal to SDA provider (Word, 657KB).
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Notice of intention to terminate – from the resident
This is different from a notice of intention to vacate.
The resident can give you a Notice of intention to terminate if:
- you did not give them the information statement before entering into or establishing an agreement, and
- they want to end the agreement because of this.
The resident’s support person can give you this notice on their behalf.
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Do I have to notify anyone?
Yes, if the resident gives you this notice, you must notify:
- the Office of the Public Advocate
- the NDIA (if the resident is an NDIS participant)
- the resident’s guardian or administrator if:
- they have one
- the resident gave you this notice personally.
- us. For more information, go to Notifying us of SDA agreements and notices.
Notice of withdrawal
If you give the resident a Notice of temporary relocation or a Notice to vacate, you can withdraw these notices any time before the resident moves out.
You must give the resident a Notice of withdrawal to SDA resident (Word, 656KB).
Download:
If the resident gives you a Notice of intention to vacate, they can withdraw this notice any time before they move out.
The resident must give you a Notice of withdrawal to SDA provider (Word, 657KB).
Download:
Do I have to notify anyone?
Yes. If you give a Notice of withdrawal to the resident, you must notify the Director, Consumer Affairs Victoria within 14 days after the notice is given.
Use our Enter a notice given to an SDA resident online form. For more information, go to Notifying us of SDA agreements and notices.