Notices to end an SDA residency

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You can end the agreement by giving certain notices to your provider. Your provider can also give you certain notices to end the agreement.

Notices by email

The law says that your provider must give you any notices and documents in person or by mail. You can also choose to get notices, documents and other information from your provider by email. You need to give your provider permission to do this, by:

You can change your mind at any time. Tell your provider in writing if you do not want to communicate by email anymore.

If your email address changes, you must give your provider your new email address straight away.

Notice of revocation – from your provider

Your provider must give you a notice of revocation within five days if:

  • the property is no longer enrolled as an SDA
  • they are no longer registered as a NDIS provider.

Your agreement ends 90 days after the property is no longer enrolled as an SDA, or your provider is no longer registered with the NDIS.

To see what this notice looks like, download the Notice of revocation (Word, 668KB).

Notice of temporary relocation – from your provider

If you get a notice of temporary relocation, you must move out of your room or the property for up to 90 days.

To see what this notice looks like, download the Notice of temporary relocation (Word, 92KB).

When can I get a notice of temporary relocation?

Your provider can give you a notice of temporary relocation if you:

  • make other residents or staff at the property feel unsafe
  • are a danger to yourself
  • stop other residents from using the property
  • cannot be properly supported at the property anymore
  • need to move out for your own safety
  • have seriously damaged or destroyed any part of the property. This does not apply if the damage is due to:
    • fair wear and tear
    • an accident
    • reasonable use of any equipment you need to help you with your disability.
  • have used the property for illegal purposes
  • need to move out because there will be repairs or renovations
  • need to move out because the property is no longer specialist disability accommodation.

Where do I go if I have to leave the property?

If the notice tells you to move out of the property, your provider must find you somewhere suitable to live until you can come back.

If your room is being repaired or renovated, ask your provider if there is another room you can move into. If there is, your provider must give you this option before finding you somewhere else to live. This room should be available to you at the same rent amount.

When can I move back in?

The notice of temporary relocation has the date you can move back in.

What happens if I get a notice to vacate as well?

Sometimes, your provider might give you a notice to vacate – this means you must move out for good. The notice to vacate must be for the same reason you got the notice of temporary relocation.

Your provider can only give you a notice to vacate at least 24 hours after giving a notice of temporary relocation. For more information, view Notice to vacate.

Can my provider change their mind?

Yes. Your provider can cancel the notice of temporary relocation before you move out. They can do this by giving you a Notice of withdrawal to SDA resident (Word, 667KB).

Notice to vacate – from your provider

When can I get a notice to vacate?

You can get a notice to vacate if you:

  • owe at least 14 days’ rent
  • got a breach of duty notice for not paying your rent, and you did not pay your rent within 14 days
  • make other residents or staff at the property feel unsafe
  • stop other residents from using the property
  • are a danger to yourself
  • can no longer be supported at the property
  • seriously damage or destroy any part of the property. This does not apply if the damage is due to:
    • fair wear and tear
    • an accident
    • reasonable use of any equipment you need to help you with your disability.
  • 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.

To see what this notice looks like, download the Notice to vacate to tenants of rented premises (Word, 674KB).

When do I have to move out?

The notice has the date you must move out by. This date must be at least 90 days after you got the notice.

Does my provider have to give me a notice of temporary relocation as well?

Yes. Your provider must give you a notice of temporary relocation (for the same reason) at least 24 hours before giving you a notice to vacate.

They do not need to do this if the notice to vacate is for not paying rent.

Where do I go?

Your provider must find you somewhere suitable to live until one of the following happens:

  • the vacate date on the notice arrives, or
  • you find other specialist disability accommodation.

If you get a notice to vacate because your room or part of the property is being renovated or repaired, ask your provider if you can move into another room. If one is available, your provider must offer this to you before finding you somewhere else to live.

Can I challenge a notice to vacate?

Yes. You can apply to VCAT to challenge the notice if you:

  • disagree with the reason
  • believe it was not given to you properly.

For more information, view Challenging a notice to vacate.

Can my provider change their mind?

Yes. Your provider can cancel the notice to vacate at any time before you move out. They can do this by giving you a Notice of withdrawal to SDA resident (Word, 667KB).

Possession orders – from your provider and VCAT

What is a possession order?

A possession order is an order from VCAT that says you must move out of the property. For more information, view Possession orders.

Who can apply for a possession order?

If you do not move out after getting a notice to vacate, your provider can apply to VCAT for a possession order.

They must apply to VCAT within 30 days from the date you should have moved out. For example, if your notice to vacate says you must move out on 1 November, your provider must apply to VCAT for a possession order before 1 December.

Your provider can also apply for a possession order if you gave them a notice of intention to vacate but did not move out on the date you said you would.

How does a possession order work?

If VCAT gives a possession order:

  • your provider can get a warrant of possession straight away, or
  • you might be asked to go to VCAT to explain why a warrant of possession should not be issued.

What is a warrant of possession?

A warrant of possession means a police officer can come to your property and make you move out. You can only be made to move out between 8am and 6pm, Monday to Saturday. You do not have to move out on a Sunday or a public holiday.

What happens to my things?

Your things cannot be removed under the warrant of possession, unless you say so. For more information, view Goods left behind in SDA.

When will VCAT not issue a possession order?

VCAT will only issue a possession order if:

  • it is fair based on the situation, and
  • they think you can find somewhere suitable to live.

VCAT may not issue a possession order if you:

  • end up paying any rent you owe. If you do not pay the rent you owe, VCAT can issue the possession order
  • do not obey a VCAT order but they can see:
    • it is the first time you have disobeyed a VCAT order, and
    • that you have tried to obey the order.

Notice of intention to vacate – from you

Download the Notice to SDA provider (Word, 573KB).

You can give your provider a notice of intention to vacate if you want to end the agreement and move out of the property.

This must be in writing and include the date you will be moving out.

Your support person can also give your provider this notice on your behalf.

Can I change my mind?

Yes, you can cancel your notice of intention to vacate before you move out. You must give your provider a Notice of withdrawal to SDA provider (Word, 661KB).

Notice of intention to terminate – from you

Download the Notice of intention to terminate (Word, 658KB).

This is different from a notice of intention to vacate.

You can give your provider a notice of intention to terminate if:

  • they did not give you the information statement before entering into or establishing an agreement, and
  • you want to end the agreement because of this.

Your support person can give your provider this notice on your behalf.

Notice of withdrawal

If your provider gives you a Notice of temporary relocation or a Notice to vacate, they can choose to withdraw these notices before you move out.

The provider must give you a Notice of withdrawal to SDA resident (Word, 656KB).

If you give the provider a Notice of intention to vacate, you can withdraw this notice any time before you move out.

You must give the provider a Notice of withdrawal to SDA provider (Word, 657KB).