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Giving notices and other documents by email
The law says you must give residents notices and documents in person or by mail. Residents can also choose to get notices, documents and other information from you by email. They must give you permission to do this by:
Residents can change their mind at any time and 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.
Notices given by the SDA provider
Notices given by the SDA resident
Notices given by the SDA provider
Notice of rent increase
You must use the Notice of rent increase form where an SDA residency agreement is in place and you want to increase the rent. You can download a form here:
The law says for a notice of rent increase to be valid:
- SDA providers must give residents, and their guardian or administrator (if they have one), at least 90 days’ notice of any rent increase, and
- the notice must include:
- the amount of the rent increase
- the method by which the rent increase was calculated
- a statement informing residents of their right to ask us, if they think the rent is too high, to investigate and report on the proposed rent. The resident can only ask for a rent assessment within 30 days of getting the notice of rent increase
- you must not increase the rent more than once every 6 months.
For information about rent increases, go to Rental payments in SDA.
Temporary relocation notice
You can give the resident this notice if they:
- make other residents or staff at the property feel unsafe
- endanger themselves
- stop other residents from using the property
- cannot be supported at the property anymore
- need to move out for their own safety
- have seriously damaged or destroyed any part of the property, except if the damage is due to:
- fair wear and tear
- an accident
- normal use of any equipment that helps the resident with their disability.
- have used the property for illegal purposes
- need to move out while repairs or renovations are done
- need to move out because the property is no longer specialist disability accommodation.
The resident must move out of their room or the property for up to 90 days.
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Do I have to notify anyone?
Yes. If you give the resident this notice, you must notify the following agencies within 24 hours of the notice being given:
- CEO of the NDIA (if the resident is an NDIS participant)
- the Director of Consumer Affairs Victoria.
After receiving a copy of the notice, Consumer Affairs Victoria will provide the details of the notice to other relevant agencies including the Office of the Public Advocate, the Transport Accident Commission and the Victorian WorkCover Authority. Use our Enter a notice given to an SDA resident online form.
Find more information about notifying us of SDA agreements and notices.
Do I have to find the resident somewhere else to live?
If you ask the resident to move out of the property, you must find them somewhere suitable to live until they can move back. If they need to move out of their room for repairs or renovations, and there is another room available with the same rent, you must offer this to the resident before finding them somewhere else to live.
Can I give the resident a Notice to vacate as well?
Yes. The Notice to vacate must be for the same reason as the Notice of temporary relocation. You must give the resident the Notice to vacate at least 24 hours after the Notice of temporary relocation. Find more information about notices to end an SDA residency.
Do I have to notify anyone?
Yes. If you give the resident a notice to vacate, you must provide a copy of the notice to the following agencies within 24 hours of the notice being given:
- CEO of 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.
Can I change my mind?
Yes. You can cancel a notice to vacate or a notice of temporary relocation before the resident moves out by giving them a notice of withdrawal.
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Do I have to notify anyone?
Yes. If you give the resident a notice of withdrawal, you must notify the Director of Consumer Affairs Victoria within 14 days of the notice being given.
Use our Enter a notice given to an SDA resident online form.
Breach of duty notice to SDA resident
You can give the resident this notice if they:
- create a fire, health or safety hazard in the property
- damage or destroy any part of the property
- damage the property and do not pay for repairs
- do not pay rent
- install something in the property without your written permission
- keep a pet without your written permission
- do not let you enter the property.
For more information, go to Responsibilities of residents.
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Notice of entry to residents
We’ve developed a notice for you to tell your resident that you need to enter their room or the property to carry out your obligations.
For more information, go to Entry into your room or the property.
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Notice of intention to sell
You must give the resident a notice of intention to sell if you are selling the property.
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Notices given by the SDA resident
Breach of duty notice to SDA provider
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A resident can give you this notice if:
- you do not treat the resident with dignity and respect
- you do not install things they need to help with their disability
- you do not give them privacy
- the property is not maintained
- the property is not secure
- you do not try to reduce their inconvenience or disruption from repairs or renovations
- renovations take too long or are not done by qualified tradespeople
- you unreasonably refuse to let the resident keep a pet.
Notice to SDA provider
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A resident may use this notice to:
- get your permission to install something in the property
- ask you to fix a non-urgent repair
- ask you to fix an urgent repair
Notice of intention to vacate
The resident can give you a notice of intention to vacate if they want to end the agreement and move out of the property.
This must be in writing and include the date they will be moving out.
Their support person can also give you this notice on their behalf.
You must give a copy of the notice to Consumer Affairs Victoria.
Use our Enter a notice given to an SDA resident online form.
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Notice of intention to terminate
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.
Their support person can give you this notice on their behalf.
You must give a copy of the notice to Consumer Affairs Victoria.
Use our Enter a notice given to an SDA resident online form.
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