Residential Notices under the Residential Tenancies Act 1997
Prior to 1 January 2020, SDA providers are required to enter into agreements with SDA residents and residents supported under the Commonwealth’s Continuity of Support program.
The options are:
- entering into an SDA residency agreement
- establishing an SDA residency agreement
- entering into a residential tenancy agreement.
The SDA residency agreement retains some existing responsibilities for SDA providers previously held by Disability Service Providers under the Disability Act 2006.
Where an SDA recipient has entered into an SDA residency agreement, The SDA provider may from time to time need to give notices to the resident or may receive notices from the resident.
Under the Residential Tenancies Act 1997, providers of specialist disability accommodation (SDA) are required to notify the Public Advocate when the SDA provider issues or receives certain notices.
These notices are:
- A notice of temporary relocation given by the SDA provider
- A notice to vacate given by the SDA provider
- A notice from a resident of their intention to vacate
- A notice from a resident of their intention to terminate the agreement because they were not properly provided with information
- A notice to vacate from the owner who intends to sell the property
- A notice to vacate from a mortgagee who intends to take possession of the property.
The OPA has an advocacy responsibility for persons affected by the notices. We have prepared information about OPA’s expectations when we receive these notices:
- Information for residents >>
- Information for SDA providers >>
- Information for Supported Independent Living (SIL) providers >>
- Information for owners and mortgagees >>
Please read the information sheet relevant to you as this may assist you to understand the OPA’s role after the notice has been given.
Additional information is also available from the Consumer Affairs Victoria website