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Notices to end an SDA residency

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The provider and resident can end the agreement by giving notice. You can give any of these notices to the provider on the resident’s behalf.

Notices by email

The law says that the provider 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 from the provider by email. The resident needs to give the provider permission to do this, by:

The resident can change their mind at any time. They must tell the provider in writing if they do not want to communicate by email anymore.

If the resident's email address changes, they must give the provider their new email address straight away.

Notices from the SDA provider

Notice of revocation

The provider must give the resident a Notice of revocation (Word, 668KB) within 5 days of the:

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

The resident's agreement ends 90 days after the property is no longer enrolled as an SDA, or the provider is no longer registered with the NDIS.

Notice of temporary relocation

If the provider gives the resident a Notice of temporary relocation (Word, 92KB), the resident must move out of their room or the property for up to 90 days.

The provider can withdraw this notice any time before the resident moves out, by giving the resident a Notice of withdrawal to SDA resident (Word, 656KB).

For more information, view Notice of temporary relocation.

Notice to vacate

The notice to vacate provided to the resident will depend on the type of agreement they signed.

  1. If the resident signed an SDA residency agreement, the provider must use the Notice to vacate to SDA residents.
  2. If the resident signed a Residential rental agreement, the provider must use the Notice to vacate to renter/s of rented premises.

The provider can give the resident a notice to vacate if they:

  • got a breach of duty notice for not paying rent, and did not pay what they owed 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.

The provider can withdraw this notice any time before the resident moves out, by giving the resident a Notice of withdrawal to SDA resident (Word, 656KB).

For more information, go to Notice to vacate.

Notices from the resident

Notice of intention to vacate

The resident can give the provider 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. They can use our Notice to SDA provider (Word, 573KB).

The resident can withdraw this notice any time before they move out, by giving the provider a Notice of withdrawal to SDA provider (Word, 657KB).

For more information, go to Notice of intention to vacate.

Notice of intention to terminate

This is different from a notice of intention to vacate.

The resident can give the provider a notice of intention to terminate if:

  • the provider 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 must use our Notice of intention to terminate (Word, 658KB). 

Possession orders

A possession order is issued by VCAT and says the resident must move out of the property. For example, the provider may apply for a possession order when a resident gets a notice to vacate but does not move out on the date they are supposed to.

Find more information about possession orders.

Easy Read guides for notices

Easy Read guides are a summary of the notice written in an easy to read way. The provider must explain the notice to the resident in a way they can understand.

Download:

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