Residential Tenancies Act 1997 PDF

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PoisedJadeite

Uploaded by PoisedJadeite

2021

Nicole Rich

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residential tenancies documentary evidence legal requirements Victoria Government Gazette

Summary

This document outlines the documentary evidence requirements for issuing a Notice to Vacate under the Residential Tenancies Act 1997 in Victoria. It specifies the types of evidence needed for different types of tenancies, such as rented premises, rooming houses, caravans, and specialist disability accommodation. The requirements are effective from March 29, 2021.

Full Transcript

Victoria Government Gazette No. S 142 Thursday 25 March 2021 By Authority of Victorian Government Printer Residential Tenancies Act 1997 DOCUMENTARY EVIDENCE REQUIREMENTS I, Nicole Rich, Director, Consumer Affairs Victoria, under section 486A of the Residential Tenancies Amendment Act 2018, give no...

Victoria Government Gazette No. S 142 Thursday 25 March 2021 By Authority of Victorian Government Printer Residential Tenancies Act 1997 DOCUMENTARY EVIDENCE REQUIREMENTS I, Nicole Rich, Director, Consumer Affairs Victoria, under section 486A of the Residential Tenancies Amendment Act 2018, give notice that the following documentary evidence has been approved as required for use when issuing a Notice to Vacate under sections 91ZZO(e) (rented premises), 142ZT(e) (rooming house), 206AZI(e) (caravan) and 498ZX(6)(ac) (specialist disability accommodation) of the Residential Tenancies Act 1997. These requirements will take effect from 29 March 2021, upon the commencement of the Residential Tenancies Amendment Act 2018. 91ZZO(e) Residential tenancies 91ZW Both of the following: rental agreement (section 91ZW requires that this must be stated in the rental agreement); and a witnessed, Statutory Declaration signed by the rental provider, confirming the date they intend to resume occupancy. 91ZX Both of the following: photographic proof that repairs are required; and contract with, or quotation from, a suitably qualified tradesperson for carrying out planned repairs, stating: the nature of the repairs required, the reasons why the premises need to be vacated by the renter in order to carry out the repairs, and an estimate of the length of time it will take to complete the repairs. Or the following: building permit for repairs or renovation. 91ZY Both of the following: planning permit for demolition; and contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur. 91ZZ The following: a witnessed, statutory declaration of intention to use the premises for business purposes including details of the particular business and stating that the premises will not be re-let as a residence before the end of 6 months after the date the notice was given. And one or more of the following: the ABN of the business; or business registration or license; or council planning permit. SPECIAL 2 S 142 25 March 2021 Victoria Government Gazette 91ZZA A witnessed, statutory declaration signed by the rental provider, stating either: they intend to reside in the rented premises, or the name of the person who will occupy the rented premises, their relationship to the rental provider, and declaring whether the person is a dependent, and that the rental provider understands that they must not re-let the premises to any person (other than the person named to be moving in to the rented premises in the statutory declaration) for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT. 91ZZB One of the following: contract of sale, signed by the vendor and purchaser and dated; or contract of engagement/authority to sell with a licensed estate agent; or preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner. 91ZZC One of the following: provision of acquisition details (public information); or compulsory letter of acquisition from the government. 142ZT(e) Rooming houses 142ZJ One of the following: contract of sale, signed by the vendor and purchaser and dated; or contract of engagement/authority to sell with a licensed estate agent; or preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner. 142ZK In the case of repairs, both of the following: photographic proof that repairs are required; and contract with, or quotation from, a suitably qualified tradesperson for carrying out planned repairs, stating: the nature of the repairs required, the reasons why the premises need to be vacated by the resident in order to carry out the repairs, and an estimate of the length of time it will take to complete the repairs. Or the following: building permit for repairs or renovation. 142ZK In the case of demolition, both of the following: planning permit for demolition; and contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur. Victoria Government Gazette S 142 25 March 2021 3 206AZI(e) Caravans 206AZ One of the following: contract of sale, signed by the vendor and purchaser and dated; or contract of engagement/authority to sell with a licensed estate agent; or preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner. 206AZB A witnessed, statutory declaration signed by the caravan owner, stating either: they intend to reside in the caravan, or the name of the person who will occupy the caravan, their relationship to the caravan owner, and declaring whether the person is a dependent, and that the caravan owner understands that they must not re-let the caravan to any person (other than the person named to be moving in to the caravan in the statutory declaration) for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT. 498ZX(6)(ac) Specialist disability accommodation 498ZX(1)(h) Both of the following: photographic proof that repairs are required; and contract with, or quotation from, a suitably qualified tradesperson for carrying out planned repairs, stating: the nature of the repairs required, the reasons why the SDA enrolled dwelling will need to be vacated by the resident in order to carry out the repairs, and an estimate of the length of time it will take to complete the repairs. Or the following: building permit for repairs or renovation. 498ZX(1)(ha) Both of the following: planning permit for demolition; and contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur. 498ZX(1)(k) One of the following: contract of sale, signed by the vendor and purchaser and dated; or contract of engagement/authority to sell with a licensed estate agent; or preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner. NICOLE RICH Director, Consumer Affairs Victoria Department of Justice and Community Safety 4 S 142 25 March 2021 The Victoria Government Gazette is published by IVE Group Limited with the authority of the Government Printer for the State of Victoria State of Victoria 2021 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act. Address all enquiries to the Government Printer for the State of Victoria Level 2, 1 Macarthur Street Melbourne 3002 Victoria Australia How To Order Retail & Mail Sales Telephone email Price Code A Victoria Government Gazette Ground Floor, Building 8, 658 Church Street, Richmond 3121 DX 106 Melbourne (03) 8523 4601 [email protected] Victoria Government Gazette

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