Notices to end an SDA residency

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The information on this page lists the notices you and the resident can use to end an SDA residency agreement. For information on how to end a residential tenancy agreement, view Landlord giving notice to vacate

On this page:

Notices by email

The law says that 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 do not want to communicate by email anymore.

If their email address changes, they must give you their new email address straight away.

Notice of revocation – to the resident

Download the Notice of revocation (Word, 659KB).

You must give the resident this notice within five days of:

  • the property no longer being enrolled as an SDA
  • you no longer being registered as a NDIS provider.

The agreement ends 90 days after the above happens.

Do I have to notify anyone?

Yes. If you give the resident this notice, you must notify:

For more information, view Notifying us of SDA agreements and notices.

Notice to vacate – to the resident

Download the Notice to vacate to tenant/s of rented premises (Word, 674KB).

You can give the resident this notice if they:

  • owe at least 14 days’ rent
  • got a breach of duty notice for not paying your rent, and did not pay the rent owing within 14 days
  • make other residents or staff at the property feel unsafe
  • stop other residents from using the property
  • are a danger to themselves
  • can no longer be supported at the property
  • seriously damage or destroy any part of the property
  • use the property for illegal purposes
  • need to move out of the property so that major repairs or renovations can happen
  • need to move out of the property because it is going to be demolished
  • need to move out because the property is being sold with vacant possession – this means it is being sold without anyone living in it
  • have not obeyed a VCAT order.

Do I have to give the resident a notice of temporary relocation as well?

Yes. 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.

Download the Notice of temporary relocation (Word, 584KB).

Do I have to find the resident somewhere else to live?

You must find the resident somewhere suitable to live until:

  • the vacate date on the notice, 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 this notice, you must notify:

  • the Office of the Public Advocate
  • the NDIA (if the resident is an NDIS participant)
  • us. Use our Enter a notice given to an SDA resident online form. For more information, view Notifying us of SDA agreements and notices.

When should I not give the resident a Notice to vacate?

You cannot give the resident a notice to vacate for serious damage if it is because of:

  • fair wear and tear
  • reasonable use of any equipment they need for their disability.

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, view 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. You must give the resident a Notice of withdrawal to SDA resident (Word, 667KB).

You must also tell us if you withdraw a notice to vacate. View 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. It is often granted when a resident gets a notice to vacate but does not move out on the date they are supposed to.

Who can apply for a possession order?

You can apply to VCAT for a possession order. You must apply within 30 days from the date the resident should have moved out.

You can also apply for a possession order if the resident gave you a notice of intention to vacate but did not move out when they said they would.

How does a possession order work?

If VCAT grants you a possession order:

  • you can get a warrant of possession straight away, or
  • the resident might be asked to go to VCAT to explain why a warrant of possession should not be granted.

What is a warrant of possession?

A warrant of possession means a police officer can go to the property and make the resident move out. They can only be made to move out 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, view 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)

If the resident signed a residential tenancy agreement and wants to end the agreement before the agreement’s end date, you can charge lease break fees. For more information, view If you do not give notice (if you break the lease).

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, view 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).

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 (Word, 658KB) 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.

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, view 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).

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).