Victoria Ending Your Tenancy

Moving out of a rental property can be a stressful experience, especially when it comes to ending your tenancy agreement. As a tenant in Victoria, it's essential to understand your rights and obligations when it comes to terminating your lease. In this guide, we'll cover the various circumstances under which a tenant can terminate their tenancy agreement and the steps to take to avoid breaching the agreement.

Termination of Tenancy Agreement#

Under what circumstances can a tenant terminate a tenancy agreement?#

According to Division 9 of the Residential Tenancies Act 1997, under certain circumstances, a tenant can terminate a tenancy agreement, including:

• By mutual agreement: Tenant and residential rental provider may agree to terminate the tenancy agreement^[91C].
• By consent: Tenant can seek the residential rental provider's consent to terminate the agreement^[91D].
• After notice to vacate: Tenant can terminate the agreement after receiving a notice to vacate from the residential rental provider^[91E].
• By abandonment: Tenant can abandon the premises, effectively terminating the agreement^[91F].
• Before possession: Tenant can terminate the agreement before taking possession of the property^[91L].
• Death of sole renter: Tenancy agreement may be terminated in the event of the death of the sole tenant^[91N].
• Hardship: Tenant can apply to the Tribunal for the termination of a fixed term residential rental agreement due to hardship^[91U].
• Family or personal violence: Tenant can apply to the Tribunal for termination or a new residential rental agreement due to family or personal violence^[91V].
• Coercion or deception of SDA resident: Tenant who is an SDA resident can apply to the Tribunal for termination of the residential rental agreement due to coercion or deception^[91YA].
• Notice of intention to vacate: Tenant can give a notice of intention to vacate to the residential rental provider^[91Z].
• Reduced notice period: In certain circumstances, the tenant can give a reduced period of notice of intention to vacate^[91ZB].
• Premises destroyed or unfit for habitation: Tenant can terminate the agreement if the premises are destroyed or deemed unfit for habitation^[91ZD].
• Residential rental provider's failure to comply with Tribunal order: Tenant can terminate the agreement if the residential rental provider fails to comply with a Tribunal order^[91ZE].
• Successive breaches by the residential rental provider: Tenant can terminate the agreement if the residential rental provider commits successive breaches^[91ZF].

How can a tenant avoid breaching the agreement when terminating the tenancy?#

To avoid breaching the agreement when terminating the tenancy, a tenant must follow the correct procedures, which include:

1. Providing the landlord with a written Notice of Intention to Vacate form.
2. Giving the landlord the required notice period based on the specific circumstances under which the tenancy is being terminated (e.g., fixed-term tenancy, periodic tenancy, termination due to landlord's breach, etc.).

By following these steps, a tenant can ensure they are compliant with the provisions of the Residential Tenancies Act 1997 and avoid any potential legal issues or financial liabilities associated with breaching the agreement.

Terminating before taking possession#

Terminating a tenancy agreement before taking possession of the rental property is possible under specific circumstances. In Victoria, a tenant can terminate the rental agreement immediately if:

1. The tenant has not entered into possession of the rented premises.
2. The tenant has given a notice of termination to the rental provider because the rented premises do not meet rental minimum standards.

By taking these steps, the tenant can lawfully terminate the tenancy agreement before moving into the rental property, ensuring compliance with the Residential Tenancies Act 1997 and avoiding any potential legal issues or financial liabilities that may arise from a breach of the agreement.

Terminating while having possession#

In Victoria, a tenant can lawfully terminate their tenancy while having possession of the premises under various circumstances. Here are some of the situations where a tenant can legally end their tenancy agreement:

Property is unfit, unsafe, or unavailable before moving in#

A tenant can terminate the agreement immediately before moving in if the property:

• Is not in good repair
• Is unfit for human habitation
• Is destroyed, either totally or to an extent that makes it unsafe
• Is not vacant
• Is not legally available for use as a home
• Does not meet any of the rental minimum standards
• Is unavailable for occupation for any other reason

If the rental provider does not agree that the tenant can terminate the agreement for one of these reasons, they may try to claim 'lease break' costs from the tenant. In such cases, the tenant should gather sufficient evidence, such as photos, videos, or specialist reports, to support their claim and defend against any potential costs.

Property is unfit or unsafe after moving in#

If the property becomes unsafe or unfit for human habitation after the tenant has moved in, they can end their rental agreement early by giving an immediate notice of intention to vacate ^[91ZD]. The tenant must have sufficient evidence to support their claim, such as photos, videos, or specialist reports, to defend against any potential 'lease break' costs.

Needing a different property#

A tenant can give a notice of intention to vacate to end their agreement early if they need to move to a different property due to specific circumstances, such as needing special or personal care, receiving an offer for public housing, or living in special disability accommodation with revoked registration. The minimum required notice period for these situations is 14 days ^[91ZB].

Property is being sold#

If the rental provider gives a 'Notice of Intention to Sell' and the tenant was not informed about the intention to sell the property before entering the rental agreement, the tenant can give a notice of intention to vacate to end their agreement early. The minimum required notice period is 14 days ^[91ZB].

Rental provider breaches#

A tenant can give a notice of intention to vacate to end their rental agreement early if the rental provider has committed successive breaches of their duties or failed to comply with a compliance order made by VCAT. The tenant must follow specific steps, such as giving the rental provider a 'notice of breach of duty' and allowing the required time for the rental provider to fix the issue before moving to the next step. The minimum required notice period for these situations is 14 days ^{[91ZF, 91ZE]}.

By understanding these circumstances and following the appropriate procedures, a tenant can lawfully terminate their tenancy while having possession of the rental property, ensuring compliance with the Residential Tenancies Act 1997 and avoiding any potential legal issues or financial liabilities associated with breaching the agreement.

Notice Periods and Forms#

What is the Notice of Intention to Vacate form and when should it be used?#

The Notice of Intention to Vacate form is a written notice that a tenant must provide to their rental provider when they wish to end their tenancy. The form outlines the tenant's intention to vacate the property, the reason for vacating, and the intended date of departure. The tenant must provide this form to the rental provider to comply with the Residential Tenancies Act 1997 and avoid any potential legal issues or financial liabilities associated with breaching the agreement.

What is the required notice period for terminating a fixed-term tenancy?#

In Victoria, the required notice period for terminating a fixed-term tenancy is 28 days ^[91Z]. This means that a tenant must provide their rental provider with a Notice of Intention to Vacate at least 28 days before the intended date of departure. If a tenant terminates their fixed-term tenancy early, they may be responsible for compensating the rental provider for any losses, such as lost rent or advertising costs.

What is the required notice period for terminating a periodic tenancy?#

For a periodic tenancy, the tenant must provide their rental provider with a Notice of Intention to Vacate at least 28 days before the intended date of departure ^[91Z]. This notice period applies whether the tenant is terminating the tenancy at the end of the fixed term or during the periodic tenancy that follows.

By understanding and adhering to these notice periods and using the appropriate forms, tenants can ensure they are compliant with the Residential Tenancies Act 1997 and avoid any potential legal issues or financial liabilities associated with breaching the agreement.

Termination due to Landlord Actions#

How can a tenant terminate the tenancy after the landlord gives a Notice to Vacate?#

If a rental provider gives a tenant a Notice to Vacate for specific reasons, the tenant can terminate the tenancy by providing the rental provider with a Notice of Intention to Vacate at least 14 days before the intended date of departure ^[91ZB]. The tenant's termination date must be after the end of the fixed term if the tenancy is for a fixed term. If the tenant terminates the tenancy before the end of the fixed term, they may breach the agreement and be liable for compensating the rental provider.

The reasons for which a rental provider may give a Notice to Vacate include:

• Construction, repairs, or renovations that require the tenant to move out
• The property is going to be demolished
• The rental provider intends to use the property for a different purpose
• The rental provider, their family, or a dependent is moving into the property
• The property is going to be sold
• The rental provider intends to terminate the agreement for no specific reason

When can a tenant give immediate notice to terminate the tenancy?#

A tenant can provide immediate notice to terminate the tenancy under the following circumstances:

• The property is completely destroyed or becomes unfit for human habitation
• The property becomes unsafe to live in

In these situations, the tenant can give a Notice of Intention to Vacate without any required notice period, effectively terminating the tenancy immediately ^[91ZD].

How can a tenant terminate the tenancy if the landlord does not comply with a Tribunal Order?#

If the Victorian Civil and Administrative Tribunal (VCAT) issues an order that applies to the rental provider, but the rental provider fails to comply with the order, the tenant can terminate the tenancy by providing the rental provider with a Notice of Intention to Vacate at least 14 days before the intended date of departure ^[91ZE]. Examples of orders that VCAT may issue include compensation payment to the tenant, fixing a breach of the tenancy agreement, or refraining from behavior that breaches the agreement.

What conditions must be met for a tenant to terminate a fixed-term tenancy due to 3 successive breaches by the rental provider?#

A tenant can terminate a fixed-term tenancy by providing the rental provider with a Notice of Intention to Vacate at least 14 days before the intended date of departure if the following two conditions are met ^[91ZF]:

1. The rental provider has breached any of the following obligations three times (the same obligation must be breached three times):
   • Duty to provide the property vacant and in a reasonably clean condition
   • Duty to take reasonable steps to ensure the tenant's quiet enjoyment of the property during the tenancy agreement
   • Duty to maintain the property in good repair
   • Duty to replace an appliance, fitting, or fixture for supplying water with a replacement meeting water efficiency standards
   • Duty to provide locks and keys for all external doors and windows
2. On the first two occasions that the rental provider breached the obligation, the tenant must have provided the rental provider with a Breach of Duty Notice.

By understanding these conditions and following the appropriate procedures, a tenant can lawfully terminate their fixed-term tenancy due to the rental provider's successive breaches, ensuring compliance with the Residential Tenancies Act 1997 and avoiding any potential legal issues or financial liabilities associated with breaching the agreement.

Final Thoughts#

Ending a tenancy agreement in Victoria can be a complex process, but by understanding the various circumstances under which a tenant can terminate their tenancy and the steps to take to avoid breaching the agreement, tenants can protect their rights and interests. By using the appropriate forms, providing the required notice periods, and adhering to the conditions outlined in the Residential Tenancies Act 1997, tenants can ensure a smooth and legally compliant termination of their tenancy agreement, avoiding potential legal issues or financial liabilities.

Remember to always seek independent legal advice or consult the relevant acts when dealing with specific share accommodation situations, as this guide provides only a brief summary and introduction to the laws and regulations affecting share accommodation in Victoria.

Legal Disclaimer: This blog post is intended for informational purposes only and should not be considered legal advice or a substitute for professional legal counsel. The information provided in this post is accurate and current as of the date of publication. However, laws and regulations may change, and the content may not be updated accordingly. We strongly recommend consulting with a qualified legal professional before making any decisions based on the information provided in this post. Sharehouse and the author disclaim any liability arising from the use or reliance on this information.

Additional Resources#

• Tenants VIC, Ending your lease
• Consumer Victoria, Renters giving notice of intention to vacate
• Notice of Intention to Vacate (DOCX)