Notice to vacate to site tenant – Form 7A
Residential Tenancies Act 1997, Section 319(a)
Residential Tenancies Regulations 2008, Regulation 11A
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Note:Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text.
Use this form to give notice to vacate.
How to use this form
1.Identify your reason
Read the reasons for giving notice to vacate on the back of this page and identify the correct reason for your circumstances. The number beside each reason is the relevant section andsub-section of the Residential Tenancies Act 1997 (the Act)– eg 303(1) is section 303, sub-section (1). The title after the section number describes the content of the section.
2.Consult the Act
You should consult the Act to make sure that you are entitled to give a notice to vacate.
3.Work out the minimum time for the notice
The reasons are grouped according to the minimum amount of notice time you must give your site tenant. The minimum notice period commences on the day after the notice is given and the first available termination date is the day after the minimum notice period expires. Additional time must be allowed if the notice is posted – see note on ‘How to serve this notice’ at the bottom of the next page.
4.Use the attached notice
The Act and the Residential Tenancies Regulations 2008 set out exactly what must be on a notice to vacate. The prescribed notice to vacate is attached. You must use this notice to give your site 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 the back of this page for the reason you are giving a notice to vacate. You must insert dates and monetary amounts in the boxes provided for this information.
For example, if you are giving a notice to vacate because of danger [317Y(1)], write in box 9:
I am the site owner and you or your visitor have endangeredpersons or property in the Part 4A park.Important: You must also add enough information to allow the person receiving the notice to understand the facts you claim are the basis for giving the notice.
6.Sign at 11 and write your name at 12
7.When the form is complete
Tear out the top form (From the site owner) and send to the site tenant. Keep the last two copies of the form for your records. If the site tenant does not comply, you can send a copy tothe Victorian Civil and Administrative Tribunal (VCAT) with an application for VCAT to hear your case.
Telephone Interpreter Service
If you have difficulty understanding English, contact the Translating and Interpreting Service (TIS) on 131 450 (forthecost of a local call) and ask to be put through to anInformation Officer at Consumer Affairs Victoria on
1300 55 81 81.
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Notice to vacate to site tenant – Form 7A
Reasons and minimum times for notices
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Reasons for notice to vacate immediately
317X(1)–damage
I am the Part 4A site owner and you or your visitor have intentionally or recklessly caused or allowed serious damage to the site, Part 4A park or facilities.
317Y(1)–danger
I am the Part 4A site owner and you or your visitor have endangered persons or property in the Part 4A park.
Please note – this notice may not be given if a notice to leave under S368 has been given in respect of the same act or omission.
317Z(1)–disruption
I am the Part 4A site owner and you or your visitor have seriously interrupted the quiet and peaceful enjoyment of the park by other occupiers.
Reasons for at least 14 days notice to vacate
317ZA(1)–failure to comply with VCAT order
You have failed to comply with a compensation or compliance order of the Victorian Civil and Administrative Tribunal under S212 of the Act.
317ZB(1)–successive breaches by site tenant
You have breached a duty owed under a duty provision within Part 5 of the Act for the third time. You have been given notice twice before to remedy the breach.
317ZC(1)–illegal use
You have used the Part 4A dwelling, or permitted its use, for an illegal purpose.
317ZD(1)–assignment or sub-letting without consent
I am the Part 4A site owner and you have assigned or sub-let or purported to assign or sub-let the whole or any part of the Part 4A site without my consent.
Reason for at least 90 days notice to vacate
317ZI(1)&(2)(c)–notice by mortgagee of Part 4A park
I am the mortgagee of the Part 4A park and I am entitled to possession of, or to exercise a power of sale in respect of, the Part 4A park. The site agreement was entered into after the mortgage was granted.
Please note – subject to the terms of the mortgage agreement and the site agreement, a mortgagee may be required to give an increased notice period of 365 days.
Reasons for at least 365 days notice to vacate
317ZF(1)&(2)–end of fixed term site agreement
I am the Part 4A site owner and I am entitled to issue you with a notice to vacate on or after the end date of your fixed term site agreement.
Please note – a notice given under S317ZF cannot be used to retaliate against site tenants exercising their legal rights or saying they will do so.
317ZG(1)–notice under periodic site agreement
I am the Part 4A site owner and I am entitled to issue site tenants under periodic site agreements with a notice to vacate.
317ZI(1)&(2)(a)&(b)–notice by mortgagee of Part 4A park
I am the mortgagee of the Part 4A park and I am entitled to possession of, or to exercise a power of sale in respect of, the Part 4A park. The site agreement was entered into, or the periodic site agreement commenced, before the mortgage was granted.
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How to serve this notice
You can serve this notice to the site 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 theAustralia Post website (auspost.com.au).
You can only send this notice by email if you already have the site tenant’s written consent to receive notices and other documents
this way. The site tenant may have given consent in the site 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 postal 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 VictoriaHelpline on 1300 55 81 81.
Notice to vacate to site tenant – Form 7ATo site tenant of a Part 4A park
Residential Tenancies Act 1997, Section 319(a)From the site owner
Residential Tenancies Regulations 2008, Regulation 11A
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Notice to vacate to site tenant
- This notice is given to:(insert names of site tenant/s)
- Regarding the Part 4A site at:
(insert address of Part 4A site)
- Site tenant’s address:
(if same as address in 2, write ‘as above’)
- I am giving you this notice as:(mark one only)
the site owner:
the mortgagee of a Part 4A park:
the land owner, who is not the site owner:
- Name of site owner/mortgagee of Part 4A park/landowner:
- Site owner’s or mortgagee’s or land owner’s address for serving documents:(can be an agent’s)
- Contact telephone numbers:
Business hours:
After hours:
- The Residential Tenancies Act 1997 requires me to give you at least:(insert the number of days notice that is required under that Act)
Days notice to vacate:
And I require you to vacate on or before: (termination date) / / /
- Reason for notice to vacate
(Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific Part 4A site to validate the reason. However, if the notice to vacate is given under section 317ZF or 317ZG of the Act, insert the relevant section number and the words ‘no reason is required’.)
- This notice is delivered to the site tenant:(mark one method only and if registered post note the delivery speed)
by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /
- Signature of site owner, mortgagee of Part 4A park, land owner or agent:
- Name of site owner, mortgagee of Part 4A park, land owner or agent signing the notice:(include the name of the estate agency where applicable)
- Site tenant please note: If you receive a notice to vacate, you may be able to apply to the Victorian Civil and Administrative Tribunal (VCAT) to challenge the validity ofthe notice. Time limits may apply.
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice to vacate to site tenant – Form 7ATo site tenant of a Part 4A park
Residential Tenancies Act 1997, Section 319(a)Site owner’s copy
Residential Tenancies Regulations 2008, Regulation 11A
Page 1 of 5
Notice to vacate to site tenant
- This notice is given to:(insert names of site tenant/s)
- Regarding the Part 4A site at:
(insert address of Part 4A site)
- Site tenant’s address:
(if same as address in 2, write ‘as above’)
- I am giving you this notice as:(mark one only)
the site owner:
the mortgagee of a Part 4A park:
the land owner, who is not the site owner:
- Name of site owner/mortgagee of Part 4A park/landowner:
- Site owner’s or mortgagee’s or land owner’s address for serving documents:(can be an agent’s)
- Contact telephone numbers:
Business hours:
After hours:
- The Residential Tenancies Act 1997 requires me to give you at least:(insert the number of days notice that is required under that Act)
Days notice to vacate:
And I require you to vacate on or before: (termination date) / / /
- Reason for notice to vacate
(Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific Part 4A site to validate the reason. However, if the notice to vacate is given under section 317ZF or 317ZG of the Act, insert the relevant section number and the words ‘no reason is required’.)
- This notice is delivered to the site tenant:(mark one method only and if registered post note the delivery speed)
by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /
- Signature of site owner, mortgagee of Part 4A park, land owner or agent:
- Name of site owner, mortgagee of Part 4A park, land owner or agent signing the notice:(include the name of the estate agency where applicable)
- Site tenant please note: If you receive a notice to vacate, you may be able to apply to the Victorian Civil and Administrative Tribunal(VCAT) to challenge the validity ofthe notice. Time limits may apply.
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice to vacate to site tenant – Form 7ATo site tenant of a Part 4A park
Residential Tenancies Act 1997, Section 319(a)Site owner’s copy
Residential Tenancies Regulations 2008, Regulation 11A
Page 1 of 5
Notice to vacate to site tenant
- This notice is given to:(insert names of site tenant/s)
- Regarding the Part 4A site at:
(insert address of Part 4A site)
- Site tenant’s address:
(if same as address in 2, write ‘as above’)
- I am giving you this notice as:(mark one only)
the site owner:
the mortgagee of a Part 4A park:
the land owner, who is not the site owner:
- Name of site owner/mortgagee of Part 4A park/landowner:
- Site owner’s or mortgagee’s or land owner’s address for serving documents:(can be an agent’s)
- Contact telephone numbers:
Business hours:
After hours:
- The Residential Tenancies Act 1997 requires me to give you at least:(insert the number of days notice that is required under that Act)
Days notice to vacate:
And I require you to vacate on or before: (termination date) / / /
- Reason for notice to vacate
(Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific Part 4A site to validate the reason. However, if the notice to vacate is given under section 317ZF or 317ZG of the Act, insert the relevant section number and the words ‘no reason is required’.)
- This notice is delivered to the site tenant:(mark one method only and if registered post note the delivery speed)
by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /
- Signature of site owner, mortgagee of Part 4A park, land owner or agent:
- Name of site owner, mortgagee of Part 4A park, land owner or agent signing the notice:(include the name of the estate agency where applicable)
- Site tenant please note: If you receive a notice to vacate, you may be able to apply to the Victorian Civil and Administrative Tribunal(VCAT) to challenge the validity ofthe notice. Time limits may apply.
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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