Notice to vacate to tenant/s of rented premises

Residential Tenancies Act 1997 (the Act), Section 319 & Residential Tenancies Regulations 2019, Regulation 28
Note: Note:
 Use this form to give notice to vacate.
 If the notice is given under section 263(1), you do not need
 Enter text in spaces provided only. This form will be invalid to provide a reason for giving the notice.
if you remove or change any questions or other text.
 If the notice is given under section 258(1) because the
 If you intend to list more than one reason for the tenant/s to premises are to be occupied by a member of your family, the
vacate under sections 255, 256, 257, 258, 259 or 260, you notice should at least include the name of the person who is
will need to use a Composite notice to vacate form available going to be living in the property and details of your family
at consumer.vic.gov.au/forms. relationship to them.
 This document is available for download in accessible
Microsoft Word format at consumer.vic.gov.au/forms. When completing box 9, you should also consider:
 the length of the notice period – minimum notice periods
How to use this form vary depending on the type of notice, from immediate to 120
1. Identify your reason days. If you are giving a notice with a shorter minimum notice
period (immediate, 14 days or 28 days) then more detailed
Read the reasons for giving notice to vacate on pages 3 to 4
reasons are required
and identify the correct reason for your circumstances.
 the nature of the reasons – more detailed reasons are
The number beside each reason is the relevant section and required if the notice is given under section 243(1), 244(1),
sub-section of the Act – for example, 244(1) is section 244, sub-
246(1), 247(1), 248(1), 249(1), 250(1), 251(1), 252(1) or
section (1). The title after the section number describes the
content of the section. 253(1) due to alleged misconduct or an alleged breach
capable of being remedied by the tenant
2. Consult the Act  if the genuine need to vacate the property could be
You should consult the Act to make sure that you are entitled to disputed, then more detailed reasons are required – for
give a notice to vacate. example, if the notice is given under section 255(1) because
repairs and/or renovations are planned and this cannot be
3. Work out the minimum time for the notice
done while the tenant is living in the property.
The reasons are grouped according to the minimum amount of
notice time you must give your tenant. Important: If you do not provide enough details in box 9, the
notice to vacate may be found invalid if challenged by the
The minimum notice period commences on the day after the
tenant at the Victorian Civil and Administrative Tribunal (VCAT).
notice is given and the first available termination date is the day
after the minimum notice period expires. Additional time must 6. Sign at 11 and write your name at 12
be allowed if the notice is posted – see note on How to serve
this notice at the bottom of page 4. 7. When the form is complete
Tear out the top form (Tenant’s copy) and send to the tenant.
4. Use the attached notice
Keep the last two copies of the form for your records. If the
The Residential Tenancies Act 1997 and Residential Tenancies
tenant does not comply, you can send a copy to VCAT with an
Regulations 2019 set out exactly what must be on a notice to
application for VCAT to hear your case.
vacate. The prescribed notice to vacate is attached. You must
use this notice to give your tenant notice to vacate.
5. Complete the notice
You must complete all boxes on the notice.
In box 9, write the section number and the exact words given on
pages 3 to 4 for the reason you are giving a notice to vacate.
You must insert dates and monetary amounts where a dotted
line appears in the reason.
Important: You must also include enough information in box 9
to allow the person receiving the notice to understand why you
are giving the notice and the facts you claim are the basis for
giving the notice. It is not sufficient to merely write the section
number and state the reason from the Act.
For example, if you are giving a notice to vacate because of
danger [s244(1)], write in box 9:

S244(1) – you or your visitor have endangered the safety of

neighbours
[Insert factual details to explain why you are giving the
notice to vacate – how the tenant’s or their visitor’s conduct
has endangered the safety of neighbours]

RT 9 (04/19)

consumer.vic.gov.au/renting Page 1 of 11
Telephone Interpreter Service
If you have difficulty understanding English, contact the
Translating and Interpreting Service (TIS) on 131 450 (for
the cost of a local call) and ask to be put through to an
Information Officer at Consumer Affairs Victoria on
1300 55 81 81.

Information about renting is available in other languages at

consumer.vic.gov.au/languages.

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Notice to vacate to tenant/s of rented premises
Reasons and minimum times for notices

Reasons for notice to vacate today or a later date Reasons for at least 28 days notice to vacate
243(1) – damage 268(1) – notice by mortgagee

you or your visitor have (by act or omission) maliciously caused I am the mortgagee and I am entitled to possession of, or to
damage to the premises or common areas. sell, the premises under a mortgage entered into before the
tenancy agreement was entered into.*
244(1) – danger
228(1)(b) – termination after death of sole tenant
you or your visitor have endangered the safety of neighbours
Please note – this notice may not be given if a notice to leave there is only one tenant under the tenancy agreement and the
under S368 has been given in respect of the same act or tenant has died.
omission. Please note – a copy of this notice to vacate must be given to
the legal personal representative or the next of kin of the tenant.
245(1) – unsafe premises
Reasons for at least 60 days notice to vacate
the premises are unfit for human habitation, destroyed totally, or
Please note – if you give notice under S256 to S259, S264 of
destroyed to the extent that they are unsafe.
the Act prohibits letting the premises again unless certain
Reasons for at least 14 days notice to vacate exemptions apply.
246(1) – overdue rent If you give notice under S255 to S261 in the case of a fixed
term tenancy agreement, S266 of the Act states that the
you owe at least 14 days rent. Your rent is paid up to, and reasons for a 60 day notice cannot be used to shorten an
including _ /_ /_. You owe $_ agreed fixed term tenancy agreement.
247(1) – unpaid bond 255(1) – repairs or renovations
you have not paid the bond required by the tenancy agreement. the premises are to be repaired, renovated or reconstructed
immediately after the termination date and this cannot be done
248(1) – failure to comply with a VCAT order
while you are living there. I have all the necessary permits and
you have failed to comply with a compensation or compliance consents.
order of the Victorian Civil and Administrative Tribunal under
256(1) – demolition
S212 of the Act.
the premises are to be demolished immediately after the
249(1) – successive breaches
termination date. I have all the necessary permits and consents.
you have breached a duty owed under a duty provision within
257(1) – change of use of premises
Part 5 of the Act for the third time. You have been given notice
twice before to remedy the breach or pay compensation. the premises are to be used for a purpose other than principally
as a residence immediately after the termination date.
250(1) – use for illegal purposes
258(1) – occupation by landlord or family
you have used the premises, or permitted their use, for an
illegal purpose. the premises are to be occupied by me, my partner, son,
daughter, parent, partner’s parent, or a person who normally
251(1) – child residing on premises
lives with and is dependent on me immediately after the
you have allowed a child under 16 years to live on the premises termination date.
contrary to the tenancy agreement.
259(1) – premises to be sold
252(1) – false statement
the premises are to be sold or offered for sale with vacant
you knowingly gave false or misleading information relating to possession immediately after the termination date.
eligibility to rent the premises from a public statutory authority.
259(2) – premises sold (conditional contract)
253(1) – assignment or subletting without consent
the last of the conditions of a conditional contract for the sale of
you have assigned or sublet part or all of the premises without the premises was satisfied on _ /_ /_.
my permission or purported to do so. Please note – this notice must be given within 14 days after the
last condition is satisfied.
254(1) – landlord’s principal place of residence

I intend to resume occupancy of the premises as my principal

place of residence.
Please note – a landlord can only use this reason if the
conditions in S254 are met.

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259(2A) – premises sold (unconditional contract) Reasons for at least 120 days’ notice to vacate
an unconditional contract for the sale of the premises was Please note – if you give notice under S263(1), in the case of a
entered into on _ /_ /_. fixed term tenancy agreement, S266 of the Act states that the
reasons for a notice for no specified reason cannot be used to
Please note - this notice must be given within 14 days after an
shorten an agreed fixed term tenancy agreement.
unconditional contract of sale is entered into.
A notice given under S263 cannot be used to retaliate against
260(1) – required for public purposes tenants exercising their legal rights or saying they will do so.
the premises are the property of a public statutory authority and 261(1)&(3)(a) – end of fixed term tenancy of more than 5
are required for public purposes immediately after the years
termination date.
I am giving you 120 days notice to vacate because we have a
261(1)&(3)(c) – end of a fixed term tenancy of less than fixed term tenancy agreement of more than 5 years which ends
6 months on the termination date.*
we have a fixed term tenancy agreement of less than 6 months 263(1) – no specified reason
which ends on the termination date.*
I am giving you at least 120 days’ notice to vacate without
Reasons for at least 90 days’ notice to vacate specifying a reason.*
Please note – if you give notice under S261 or S262 in the Please note – * notices given under sections 261, 263 or 268
case of a fixed term tenancy, S266 of the Act states that the must expire before the landlord or mortgagee can apply to
reasons for a 90 day notice cannot be used to shorten an VCAT for a possession order.
agreed fixed term tenancy agreement.
A notice given under S261 cannot be used to retaliate against 268A – Tribunal order
tenants exercising their legal rights or saying they will do so. I am giving you _ days’ notice to vacate because the Victorian
Civil and Administrative Tribunal has made an order requiring
261(1)&(3)(b) – end of a fixed term tenancy of 6 months
or more (but not exceeding 5 years) me to serve the notice.
Please insert the number of days that the VCAT order indicates
we have a fixed term tenancy agreement of 6 months or more
as the minimum notice period.
which ends on the termination date.*
268B – No licence to operate
262(1) – tenant no longer eligible
I am giving you 120 days’ notice to vacate because I have no
you are no longer eligible to rent the premises from the landlord
licence to operate a rooming house.
which is a public statutory authority.

How to serve this notice

You can serve this notice to the tenant by hand, by registered post, or by email (with consent).
If you send this notice by registered post, you must take into account the extra days it takes for the notice to be delivered. There are
different delivery times depending on whether you send it by priority registered post or regular registered post, which may take up to six
days. You may also wish to keep evidence of the method of registered post you relied on to send this notice.
For more information about Australia Post’s registered post delivery options and times, visit Australia Post website (auspost.com.au).
You can only send this notice by email if you already have the tenant/s’ written consent to receive notices and other documents this
way. The tenant/s may have given consent in the tenancy agreement or separately in writing. A consent form is available from the
Forms and publications section - Consumer Affairs Victoria website (consumer.vic.gov.au/forms).
If you send this notice by email, the provisions of the Electronic Transactions (Victoria) Act 2000 apply. For legal purposes,
the time when a notice is received is when it can be retrieved from the email address the recipient nominated.
To help calculate the total minimum days to allow, depending on the notice period required and the method of delivery,
visit the Giving notices – Residential Tenancies List page – Victorian Civil and Administrative Tribunal website
(vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).
If you need help with this notice, visit the Renting section – Consumer Affairs Victoria website (consumer.vic.gov.au/renting)
or call the Consumer Affairs Victoria Helpline on 1300 55 81 81.

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Notice to vacate to tenant/s of rented premises Tenant’s copy
Residential Tenancies Act 1997 S319; Regulation 28
Tenant details However:
1. This notice is given to: (tenant/s names)  if the notice is given under section 263 of the Act, insert the
words ‘section 263 – no reason is required’; or
 if the notice is given under section 268A of the Act, insert the
words ‘section 268A – Tribunal order made requiring notice
2. Regarding the rented premises at: (write address) to be given’; or
 if the notice is given under section 268B of the Act, insert the
words ‘section 268B – there is no licence to operate this
rooming house’.

3. Tenant/s address
(if same address as 2, write ‘as above’)

Landlord/owner/mortgagee details
4. I am giving you this notice as: (mark one only)

the landlord:
10. This notice is given: (mark one method only and if
the owner:
registered post note the delivery speed)
the mortgagee: by hand:
5. Landlord/owner/mortgagee name: by registered post:
(cannot be an agent’s name)
by email:

Insert email address:

6. Landlord/owner/mortgagee address for serving documents: (if applicable)
(can be an agent’s address)
on this date: / /

11. Signature of landlord, owner, mortgagee or agent:

7. Contact telephone numbers for landlord/owner/mortgagee: 12. Name of landlord, owner, mortgagee or agent signing this
(can be an agent’s telephone numbers) notice: (include the name of the estate agency where
applicable)
Business hours:

After hours:
Tenant please note
Termination date  If you have been given notice to vacate you may be entitled
to apply to the Victorian Civil and Administrative Tribunal
8. The Residential Tenancies Act 1997 requires me to give (VCAT) to challenge the notice. The following time limits
you at least: (insert the number of days notice that is apply to challenges:
required under the Act) o 30 days from when the notice was given under S255,
S256, S257, S258, S259 or S260, or
Days notice to vacate: o 28 days for a fixed term tenancy of 6 months or more
when the notice was given under S261, or
I require you to vacate on: / / o 21 days for a fixed term tenancy of less than 6 months
when the notice was given under S261, or
Reason for notice to vacate o 60 days from when the notice was given for a notice
9. Insert the section number of the Residential Tenancies Act under S263.
 If the landlord, owner, mortgagee or agent seeks an order for
1997 and the reason for the notice to vacate.
possession from VCAT, the tenant has the right to attend a
You must also provide supporting factual information regarding hearing and give evidence.
the specific premises to validate the reason given.

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 If you need help with this notice, call the Consumer
Affairs Victoria Helpline on 1300 55 81 81 or visit
consumer.vic.gov.au/renting

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Notice to vacate to tenant/s of rented premises Information for tenants
Ending a tenancy before the date given in a Notice to vacate

You may be able to end the tenancy earlier than the date your
landlord has given you in a Notice to Vacate under sections
255, 256, 257, 258, 259, 260, 262 or 263 of the Act.
You must give your landlord written notice of your intention to
vacate, and can do so using a Notice to Landlord form. Obtain a
copy online at consumer.vic.gov.au/renting or by calling
Consumer Affairs Victoria on 1300 55 81 81.
Whether you have a fixed-term or periodic tenancy, you must
give the notice at least 14 days before you vacate and include
the date you will do so.
In a fixed-term tenancy, you must also ensure the date you
specify is on or after the end date of your tenancy agreement.

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Notice to vacate to tenant/s of rented premises Landlord’s copy
Residential Tenancies Act 1997 S319; Regulation 28
Tenant details However:
1. This notice is given to: (tenant/s names)  if the notice is given under section 263 of the Act, insert the
words ‘section 263 – no reason is required’; or
 if the notice is given under section 268A of the Act, insert the
words ‘section 268A – Tribunal order made requiring notice
2. Regarding the rented premises at: (write address) to be given’; or
 if the notice is given under section 268B of the Act, insert the
words ‘section 268B – there is no licence to operate this
rooming house’.

3. Tenant/s address
(if same address as 2, write ‘as above’)

Landlord/owner/mortgagee details
4. I am giving you this notice as: (mark one only)

the landlord:
10. This notice is given: (mark one method only and if
the owner:
registered post note the delivery speed)
the mortgagee: by hand:
5. Landlord/owner/mortgagee name: by registered post:
(cannot be an agent’s name)
by email:

Insert email address:

6. Landlord/owner/mortgagee address for serving documents: (if applicable)
(can be an agent’s address)
on this date: / /

11. Signature of landlord, owner, mortgagee or agent:

7. Contact telephone numbers for landlord/owner/mortgagee: 12. Name of landlord, owner, mortgagee or agent signing this
(can be an agent’s telephone numbers) notice: (include the name of the estate agency where
applicable)
Business hours:

After hours:
Tenant please note
Termination date  If you have been given notice to vacate you may be entitled
to apply to the Victorian Civil and Administrative Tribunal
8. The Residential Tenancies Act 1997 requires me to give (VCAT) to challenge the notice. The following time limits
you at least: (insert the number of days notice that is apply to challenges:
required under the Act) o 30 days from when the notice was given under S255,
S256, S257, S258, S259 or S260, or
Days notice to vacate: o 28 days for a fixed term tenancy of 6 months or more
when the notice was given under S261, or
I require you to vacate on: / / o 21 days for a fixed term tenancy of less than 6 months
when the notice was given under S261, or
Reason for notice to vacate o 60 days from when the notice was given for a notice
9. Insert the section number of the Residential Tenancies Act under S263.
 If the landlord, owner, mortgagee or agent seeks an order for
1997 and the reason for the notice to vacate.
possession from VCAT, the tenant has the right to attend a
You must also provide supporting factual information regarding hearing and give evidence.
the specific premises to validate the reason given.

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 If you need help with this notice, call the Consumer
Affairs Victoria Helpline on 1300 55 81 81 or visit
consumer.vic.gov.au/renting

Page 9 of 11
Notice to vacate to tenant/s of rented premises Landlord’s copy
Residential Tenancies Act 1997 S319; Regulation 28
Tenant details However:
1. This notice is given to: (tenant/s names)  if the notice is given under section 263 of the Act, insert the
words ‘section 263 – no reason is required’; or
 if the notice is given under section 268A of the Act, insert the
words ‘section 268A – Tribunal order made requiring notice
2. Regarding the rented premises at: (write address) to be given’; or
 if the notice is given under section 268B of the Act, insert the
words ‘section 268B – there is no licence to operate this
rooming house’.

3. Tenant/s address
(if same address as 2, write ‘as above’)

Landlord/owner/mortgagee details
4. I am giving you this notice as: (mark one only)

the landlord:
10. This notice is given: (mark one method only and if
the owner:
registered post note the delivery speed)
the mortgagee: by hand:
5. Landlord/owner/mortgagee name: by registered post:
(cannot be an agent’s name)
by email:

Insert email address:

6. Landlord/owner/mortgagee address for serving documents: (if applicable)
(can be an agent’s address)
on this date: / /

11. Signature of landlord, owner, mortgagee or agent:

7. Contact telephone numbers for landlord/owner/mortgagee: 12. Name of landlord, owner, mortgagee or agent signing this
(can be an agent’s telephone numbers) notice: (include the name of the estate agency where
applicable)
Business hours:

After hours:
Tenant please note
Termination date  If you have been given notice to vacate you may be entitled
to apply to the Victorian Civil and Administrative Tribunal
8. The Residential Tenancies Act 1997 requires me to give (VCAT) to challenge the notice. The following time limits
you at least: (insert the number of days notice that is apply to challenges:
required under the Act) o 30 days from when the notice was given under S255,
S256, S257, S258, S259 or S260, or
Days notice to vacate: o 28 days for a fixed term tenancy of 6 months or more
when the notice was given under S261, or
I require you to vacate on: / / o 21 days for a fixed term tenancy of less than 6 months
when the notice was given under S261, or
Reason for notice to vacate o 60 days from when the notice was given for a notice
9. Insert the section number of the Residential Tenancies Act under S263.
 If the landlord, owner, mortgagee or agent seeks an order for
1997 and the reason for the notice to vacate.
possession from VCAT, the tenant has the right to attend a
You must also provide supporting factual information regarding hearing and give evidence.
the specific premises to validate the reason given.

Page 10 of 11
 If you need help with this notice, call the Consumer
Affairs Victoria Helpline on 1300 55 81 81 or visit
consumer.vic.gov.au/renting

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