Rooming houses: a guide for residents and operators - NWHN

Table 4 (continued)Reason for issuing a‘Notice to Vacate’The rooming housemortgagee gainspossession of therooming house.The rooming house isto be sold immediatelyafter the termination datewith vacant possession orother relevant condition.The operator is doingmaintenance orconstruction work and:• has received allrelevant permits• needs an empty roomto do the works• does not have anequivalent roomavailable to providethe resident.No specified reason.Noticerequired28 days60 days60 days120 daysAn operator cannotgive a resident notice tovacate if the resident isusing their legal rights,or saying that they will.Sometimes, a roominghouse operator rents thebuilding from somebodyelse. In such cases, theowner of the building may give therooming house operator a ‘Noticeto Vacate’. If the building ownerwants the residents to leave, theymust give them at least 45 days’notice. This law comes into forcefrom 1 September 2011.When a resident’s notice period runs outIf an operator gives a resident valid noticeand the resident has not left the roominghouse by the due date, the operator mayapply to VCAT for a possession order.An operator may also apply to VCAT ifthe resident has given notice of theirintention to vacate, and they are still inthe room seven days after the end dateon their notice.31