VIC: Residential Tenancies Act Section 91ZZEA Renter no longer meets NRAS eligibility criteria

Renter no longer meets NRAS eligibility criteria

(1) A residential rental provider of rented premises which are subject to a current allocation under the National Rental Affordability Scheme may give the 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 NRAS eligibility criteria; or

(b) subject to subsections (2), (3) and (4)—

(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.

(2) A request referred to in subsection (1)(b) must be made in accordance with the requirements under the National Rental Affordability Scheme.

(3) Despite a notice to vacate being given under this section because subsection (1)(b) applies, a renter may give the residential rental provider the

requested documentation during the 90 day notice period.

(4) If a notice to vacate is given under this section because subsection (1)(b) applies, the notice to vacate ceases to have effect and is taken to be withdrawn if—

(a) the renter gives the residential rental provider the requested documentation during the 90 day notice period in accordance with subsection (3); and

(b) the documentation shows that the renter meets the NRAS eligibility criteria.

(5) 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 (6), 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.

(6) The notice must specify a termination date that is not less than 90 days after the date on which the notice is given.

(7) Nothing in this section prevents a residential rental provider giving a notice to vacate under section 91ZZD or 91ZZDA.