Site tenant giving notice of intention to vacate

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How to give notice

If you are a Part 4A site tenant, you can end a site agreement by mutual agreement with the site owner. Agreements should be in writing. Otherwise, if you want to vacate (end the tenancy and leave the property), you must give the owner written notice.

You are advised to use a written Notice to part 4A site owner (Word, 741KB)

You must deliver this notice to the site owner either by:

  • post
  • electronic communication (such as email), if the owner has given consent to receive notices and other documents this way, or
  • hand (giving the notice personally to the owner, the owner's agent or the person who usually collects the rent). If the owner is unavailable, you can leave the notice with a person who appears to be aged over 16 and residing or employed at the owner's usual or last known home or business.

The written notice of intention to vacate must:

  • be signed by you or your representative
  • allow the correct amount of time to give the notice (see Notice periods below)
  • give the date for you to leave.

Give notice via our RentRight app

You may also notify the site owner of your intention to vacate through the ‘Email Property Manager’ section of our free RentRight app. You must seek authorisation from the owner in order to communicate via electronic communications, including the service of notices generated by the app. The RentRight app is available to download from the App store or Google Play store. For more information, view our RentRight app page.

If you do not give notice

If you do not give notice or want to end an agreement earlier than the required notice, you may be liable for rent until the relevant notice period expires or a new resident moves in (whichever is earlier).

In cases of severe hardship, the Victorian Civil and Administrative Tribunal may also end a fixed-term tenancy early.

Final meter readings

If you have separate meters, you should let the utility providers know in advance when you will be moving out. Otherwise, you may be charged for services in the next billing period.

Notice periods

If you are a site tenant who wants to leave your rented premises, the following table shows the minimum notice period you need to give, depending on the reason.

Note: from 4 January 2016, Australia Post has introduced three different speeds for mail delivery – express, priority and regular. Allow for mail delivery times which reflect the service you choose when sending a Notice to vacate a rental property.

If the notice is being delivered by mail to a country area, you should factor in an extra two days in addition to standard delivery times.

For more information about postal delivery options and times, visit the Australia Post website.

Visit the Victorian Civil and Administrative Tribunal website to view tables which help calculate the total minimum days to allow, depending on the notice period required and the method of delivery.

Reason for leaving a site under a site agreement

Minimum notice required

Before you move in or use the site, the site is:

  • not legally available for use as a site under a site agreement
  • not available for occupation
  • unsafe.

Immediate

The site owner has breached a VCAT compliance order or compensation order.

14 days

The site owner has given you a notice to vacate.

14 days

(However, if there is a fixed-term site agreement, the end date on the notice cannot be before the end date on the agreement.)

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You require temporary crisis accommodation.

14 days

(However, if there is a fixed-term site agreement, the end date on the notice cannot be before the end date on the agreement.)

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You require special or personal care.

14 days

(However, if there is a fixed-term site agreement, the end date on the notice cannot be before the end date on the agreement.)

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You are offered public housing.

14 days

(However, if there is a fixed-term site agreement, the end date on the notice cannot be before the end date on the agreement.)

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

Any other reason.

28 days

(However, if there is a fixed-term site agreement, the end date on the notice cannot be before the end date on the agreement.)

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.