Victorian Current Acts Victorian Current Acts(1) This section applies if—
(a) rented premises are provided under the Victorian Affordable Housing Programs; and
(b) the residential rental provider gave written notice to the renter before the residential rental agreement was entered into of the following—
(i) that the rented premises are being provided under the Victorian Affordable Housing Programs;
(ii) that entering into a residential rental agreement and the ongoing occupation of the premises is subject to that renter meeting the relevant Victorian Affordable Housing Programs eligibility criteria.
(2) The residential rental provider may give a renter a notice to vacate the rented premises if—
(a) the renter submits documentation to the residential rental provider which shows that the renter no longer meets the relevant Victorian Affordable Housing Programs eligibility criteria; or
(b) subject to subsections (3), (4), (5) and (6)—
(i) the residential rental provider has given a written request to the renter to submit documentation to the residential rental provider for the sole purpose of assessing the renter's ongoing eligibility; and
(ii) within 60 days of that request, the renter has not provided that documentation.
(3) A request referred to in subsection (2)(b) must be made in accordance with the relevant VAHP declaration and VAHP determination.
(4) A request referred to in subsection (2)(b) must not be made more frequently than—
(a) if the relevant VAHP declaration or VAHP determination specifies a period, in accordance with the period of frequency specified in the relevant VAHP declaration or VAHP determination for the provision of documentation; or
(b) if no period of frequency is specified in the VAHP declaration or VAHP determination—
(i) once every 12 months, commencing from the date that the residential rental agreement starts; or
(ii) in the case of a periodic residential rental agreement, once every 12 months from the date that the periodic residential rental agreement starts.
(5) Nothing in subsection (4) prevents a request for further information being made more frequently than specified in subsection (4) if a response to an original request was insufficient to allow for assessment of a renter meeting the relevant Victorian Affordable Housing Programs eligibility criteria.
(6) If a notice to vacate is given under this section because subsection (2)(b) applies—
(a) the renter may give the residential rental provider the requested documentation during the 90 day notice period; and
(b) if the documentation shows that the renter does meet the relevant Victorian Affordable Housing Programs eligibility criteria, the notice to vacate ceases to have effect and is taken to be withdrawn.
(7) A notice to vacate under this section—
(a) may be given to a renter whether the residential rental agreement is a fixed term residential rental agreement or a periodic residential rental agreement; and
(b) subject to subsection (8), if the residential rental agreement is a fixed term residential rental agreement—
(i) may specify a termination date that is before the end of the fixed term; and
(ii) may be given during the initial fixed term or a subsequent fixed term or any subsequent periodic residential rental agreement.
(8) The notice must specify a termination date that is not less than 90 days after the date on which the notice is given.
(9) Nothing in this section prevents a residential rental provider giving a notice to vacate under section 91ZZD or 91ZZDA.
S. 91ZZF inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).