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Giving notices - Residential Tenancies List

When sending a notice, there is a minimum time before any further action can be taken. This period is set by the Residential Tenancies Act 1997 and is called the minimum notice period.

The minimum notice period starts the day after the notice is:

  • given electronically (in accordance with the Electronic Transactions Act 2000)
  • given by hand, or
  • calculated to have been given when sent by priority registered post or registered post.

For minimum notice periods, see Consumer Affairs Victoria’s website.

Notices to vacate

You may give a notice to vacate under the Residential Tenancies Act 1997 by hand, by post or by electronic means in accordance with the Electronic Transactions Act 2000 (eg. by email).

Applications to VCAT

Applications to VCAT made under the Residential Tenancies Act 1997 may be given to the respondent, and lodged at VCAT, by hand, by post or by electronic means in accordance with the Electronic Transactions Act 2000 (eg. by email).

Use the table below to calculate when you need to send or deliver notices, allowing for delivery time.

Timelines for providing respondents with a VCAT application
For notice period allow 0 days 14 days 28 days 30 days 60 days 90
days
120
days
Registered post – sent on Sunday, Monday 5 20 34 36 66 96 126
Registered post – sent Tuesday to Friday 7 22 36 38 68 98 128
Registered post – sent on Saturday 6 21 35 37 67 97 127
Priority registered post – sent Sunday to Wednesday 3 18 32 34 64 94 124
Priority registered post – sent on Thursday or Friday 5 20 34 36 66 96 126
Priority registered post – sent on Saturday 4 19 33 35 65 95 125
Delivered by hand, on any day or given in accordance with the Electronic Transactions Act 2000 0 16 30 32 62 92 122

Service of notices to vacate electronically

As of 30 September 2016 an amendment to the Residential Tenancies Act 1997 allows for notices to vacate to be given to a tenant by electronic means (eg. by e-mail).

If you choose to give a notice to vacate electronically then service occurs in accordance with the Electronic Transactions Act 2000.

Please note that notices to vacate created using the Residential Tenancies Hub presently cannot be given electronically as the date for giving Residential Tenancies Hub notices specifies service only by hand or by Registered Post.

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