When a rental provider (landlord) wants a renter (tenant) to move out of the property, they can either talk to the renter to reach an agreement or give the renter a notice to vacate. A Notice to vacate is a formal statement that the rental provider wants to end the rental agreement. A rental provider can only give a notice to vacate for certain reasons, listed in the tables below.

Depending on the reason, a rental provider can issue a Notice to vacate:

  • before or after the the end of the rental agreement
  • immediate or within a stipulated notice period
  • with or without evidence

List of reasons rental provider can ask renters to leave early

Reason Evidence to be included with the Notice to vacate Minimum notice required
The renter or their visitor intentionally or recklessly causes serious damage to the property, including safety equipment and common areas  n/a Immediate
The renter or their visitor puts neighbours, the rental provider or the provider's agent, or the rental provider or agent’s contractors or employees, in danger n/a Immediate
The premises are unfit for human habitation, destroyed totally, or destroyed to the extent that they are unsafe n/a Immediate
The renter or anyone else living in the rental property seriously threatens or intimidates the rental provider, their agent, or the rental provider or agent’s contractors or employees n/a 14 days
The renter owes at least 14 days rent n/a 14 days
The renter has failed to comply with a VCAT compliance order n/a 14 days
The renter has already been given 2 breach of duty notices and the same breach occurs n/a 14 days
The property is being used for illegal purposes n/a 14 days
The renter has brought in other renters or sub-letters without consent n/a 14 days
The renter has not paid the bond as agreed n/a 14 days
The renter has a child under 16 years of age living at the premises when the rental agreement says this is not allowed n/a 14 days
The rental provider is a government housing authority and the renter misled the authority so they could get social housing n/a 14 days
The renter has been involved in a drug-related activity in public housing n/a 14 days
The renter is keeping a pet without consent and VCAT has made an order excluding the pet n/a 28 days

List of reasons a rental provider can give notice at the end of an agreement

Reason Evidence to be included with the Notice to vacate Minimum notice required
A fixed-term agreement of 6 months or less is ending n/a 60 days
A fixed-term agreement of more than 6 months and less than 5 years is ending n/a 90 days
A fixed-term agreement of more than 5 years is ending n/a 90 days or notice period provided in agreement
(91ZW) The rental provider is planning to move in at the end of the fixed-term rental agreement. If this is the case, it must have been listed in the ‘additional terms’ section of the rental agreement. Both of the following: the 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. 14 days
(91ZX) Reconstruction, repairs or renovations are planned and cannot go ahead unless the renter vacates. All necessary permits have been obtained. 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. 60 days
(91ZY)The rental property is going to be demolished and all necessary permits have been obtained. Both of the following: Planning permit for demolition; and  Contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur. 60 days
(91ZZ) The rental provider wants to do something else with the property (for example, use it for a business).  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. 60 days
(91ZZA) The rental provider, a member of their immediate family (including parents and parents-in-law) or a dependent (who normally lives with the rental provider) will be moving in.  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. 60 days
(91ZZB) The property is to be sold or put up for sale, and vacated immediately after the rental agreement ends 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. 60 days
The property is being sold. If the property is sold and settled while rented, the rental provider cannot shorten the length of the rental agreement n/a 60 days
(91ZZC) A government authority owns the property and needs it for public purposes.  One of the following: Provision of acquisition details (public information); or Compulsory letter of acquisition from the government. 60 days
The rental provider is a government housing authority and the renter no longer meets the criteria for social housing. n/a 90 days

You can also download this information in PDF format.

The Director of Consumer Affairs Victoria has issued five guidelines, which relate directly to specific reforms. The purpose of the guidelines is to outline the Director’s position on compliance and non‑compliance with the Act, ensuring greater consistency in the Victorian Civil and Administrative Tribunal  (VCAT) decision making and dispute resolution. VCAT must consider the guidelines when determining particular applications made under the Act.

The Act is not prescriptive and does not go into great detail about what the parties’ obligations mean in practice. The guidelines summarise relevant case law that may be useful in interpreting the Act and providing practical guidance that parties to a tenancy agreement can rely on when determining how to comply with their duties, facilitating the resolution of unnecessary or protracted disputes.

These guidelines are available online from the Consumer Affairs website (scroll to the bottom of the page, under "New renting guidelines" section), however we have made them available on the Mint website for your convenience.

The Guidelines are covered in the following five documents (each opens in a new browser tab):

We also encourage you to look at the Getting ready for the new rental laws page of consumer affairs as it contains a summary of the most important amendments in plain English.

We have compiled a number of questions (and their answers) to help you better understand the change and how it may impact you. 

 

Gas, Electricity and Smoke Alarms safety checks

What is the authorisation process for Mint PM to move forward with a regular check?

We will be sending you an addendum to your managing authority which provides the authorisation for us to complete the mandatory checks on your behalf. This will be sent via Docusign for electronic signature.

Do Mint Property Management charge a fee for coordinating the 2 yearly checks or receive any incentive from Suppliers?

No we don't.

Do these checks need to be completed by March 29th 2021?

No. If a property is vacant we will look to have the checks completed prior to having new renters move in. This will be assessed on a per property basis and in conjunction with you.
If the checks are not completed prior to new renters moving in we will need to arrange as soon as practicable, to comply with regulations.

Can the rent be increased to cover these extra costs?

Yes, bearing in mind that rent cannot be increased while a fixed term lease is in place and increases can only be done every 12 months.
Please talk to us prior so we can look at the current market pricing, vacancy rate and costs with re-leasing and vacancy period if a stable tenancy is unable to absorb the increase.

Does the fee vary based on the number of gas appliances?

Yes. For gas appliances, if your property has only one gas appliances (example: cooktop) then we have negotiated a lower fee than properties with multiple gas appliances.

Do we have to do both tests together?

No. We will try to stagger the tests so the costs can be better spread out across a financial year. Smoke Alarms – these will continue to roll on a 12 monthly cycle. No interruption or changes.

What happens if there is an issue with an appliance during the safety checks?

It will depend on both the appliance and the issue. The safety check fee does not include repair or replacement. We will be notified if there is an issue and will discuss options with you as soon as possible.

Are there changes to Smoke alarm compliance checks?

Not to the checks themselves.
Annual compliance checks remain in place with no change to the $99 annual fee. What has changed is the provision of information to Renters, on or before the commencement of a rental agreement. The Renter must be provided with the following information:
  • how each smoke alarmin the premises works;
  • how to test each smoke alarm in the premises;
  • renter’s obligations not to tamper with any smoke alarms installed and to report if the smoke alarm is not working

We will be including this information as part of the Condition Report.

What exactly is involved is the Gas safety check?

Regulation 5 defines ‘gas safety check’ and applies if the premises contain any appliances, fixtures or fittings which use or supply gas.
The following gas installation checks are performed:
  • that LPG cylinders and associated gas components are installed correctly;
  • that appliance gas isolation valves are installed where required by AS/NZS 5601.1 Gas Installations, as published or as amended from time to time;
  • that gas appliances and their components are accessible for servicing and adjustment;
  • that the gas installation is electrically safe;
  • that clearances from appliances to combustible surfaces are in accordance with installation instructions and AS/NZS5601.1 Gas Installations, as published or as amended from time to time;
  • that there is adequate ventilation for appliances to operate safely;
  • that gas appliances including cookers are adequately restrained from tipping over;
  • checking the condition of gas appliance flue systems including chimneys;
  • checking gas appliances for evidence of certification;
  • testing gas installations for leakage;
Servicing gas appliances as follows:
  • clean all dust and debris from appliances including burner, pilot, fan, filters and air intakes;
  • check the integrity of the heat exchanger;
  • check gas supply and appliance operating pressures;
  • check gas appliance burner ignition is reliable and complete;
  • check for any gas appliance flame abnormality;
  • check operation of appliance including safety devices;
  • completing a combustion spillage test in accordance with Appendix F of AS 4575 Gas appliances - Servicing of Type A appliances as published or as amended from time to time, after servicing or repairing of the heater;

What exactly is involved is the Electrical safety check?

Regulation 5 defines ‘electrical safety check’ as a
...check of all electrical installations, fittings and fixtures carried out in accordance with section 4 of AS/NZS 3019 Electrical installations – Periodic verification, as published or amended from time to time.

Does the age of my property have any impact or change the gas and electrical safety checks?

Yes, it does.
For a newly built rental premise, it may not be necessary to conduct a separate gas and electrical safety check.
If an occupancy permit has been provided for the premises, supported by the appropriate compliance certificates, this will satisfy the requirement of the initial gas and electrical safety check. Meaning it will be conducted in 2 years from renters occupancy.
If a rental provider does not have the necessary certificates relating to their property, these can be obtained by contacting the Victorian Building Authority on 1300 815 127 or at https://www.vba.vic.gov.au/legal/foi.

Gas Safety Requirement
A lodged compliance certificate certifies that the work complies with prescribed plumbing standards. A compliance certificate endorsing a gas installation certifies the installation is in accordance with AS/NZS 5601.1.
This means that the compliance certificate issued for gas installations (which applies to all gas installations identified on the compliance certificate in the premises) will meet the requirements of a gas safety check for the purposes of the new rental laws.

Electrical safety requirement
A certificate of compliance within the meaning of section 3 of the Electricity Safety Act 1998 for electrical work will meet the requirement of an electrical safety check for the purposes of the new rental laws.