Victorian Consolidated Regulations Victorian Consolidated Regulations(1) The following applications must specify the acts, facts, matters and circumstances, including relevant dates, being relied on in support of the application—
Rule 8.08(1)(a) amended by S.R. Nos 145/2019 rule 15(1), 114/2021 rule 7(1).
(a) an application under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZI, 91ZJ, 91ZK, 142ZB, 142ZC, 142ZD, 142ZE, 206AQ, 206AR, 206AS, 206AT, 207W, 207X, 207Y, 207Z or 498ZX(1)(b), (c) or (f) of that Act; or
Rule 8.08(1)(b) amended by S.R. Nos 145/2019 rule 15(2), 114/2021 rule 7(2).
(b) an application under section 374
of the Residential Tenancies Act 1997 for the termination of a
residential rental agreement, residency right or site agreement; or
Rule 8.08(1)(c) inserted by S.R. No. 145/2019 rule 15(3).
(c) an application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 arising out of a notice to vacate under section 110, 116 or 117 of that Act; or
Rule 8.08(1)(d) inserted by S.R. No. 145/2019 rule 15(3).
(d) an application under section 83 of the Disability Act 2006 arising out of a notice to vacate under section 76(1)(a), (b) or (e) of that Act.
Rule 8.08(2) amended by S.R. Nos 145/2019 rule 15(4), 114/2021 rule 7(3).
(2) An application under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZO, 142ZG, 206AW, 207ZA or 498ZX(1)(l) of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as constituting a failure to comply with an order of the Tribunal.
Rule 8.08(3) amended by S.R. No. 114/2021 rule 7(4).
(3) An application under section 322, 323, 324 or 324A of the Residential Tenancies Act 1997 arising out of a notice to vacate under sections 91ZP, 142ZH, 206AX or 207ZB of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as the basis for giving the notice to vacate.
Rule 8.08(4) amended by S.R. Nos 145/2019 rule 15(5), 114/2021 rule 7(5)(a)(b).
(4) An application under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZQ, 142ZI, 206AY, 207ZC or 498ZX(1)(g) of that Act must specify—
(a) the illegal purpose alleged; and
Rule 8.08(4)(b) amended by S.R. No. 114/2021 rule 7(5)(c).
(b) the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the rented premises were, or the room, site, caravan or SDA enrolled dwelling was, used for an illegal purpose.
Rule 8.08(4A) inserted by S.R. No. 145/2019 rule 15(6).
(4A) An application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 arising out of a notice to vacate under section 112 of that Act must specify—
(a) the illegal purpose alleged; and
(b) the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the supported residential service was used for an illegal purpose.
Rule 8.08(4B) inserted by S.R. No. 145/2019 rule 15(6).
(4B) An application under section 83 of the Disability Act 2006 arising out of a notice to vacate under section 76(1)(f) of that Act must specify—
(a) the illegal purpose alleged; and
(b) the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the premises were used for an illegal purpose.
Rule 8.08(4C) inserted by S.R. No. 114/2021 rule 7(6).
(4C) An application under section 35A(1), 97A(1), 148A(1) or 206OA(1) of the Residential Tenancies Act 1997 must specify the date on which the residential rental agreement, agreement in respect of a residency right or site agreement (as the case requires) is alleged to have commenced.
Rule 8.08(4D) inserted by S.R. No. 114/2021 rule 7(6).
(4D) An application under section 46(1), 103(1), 154(1), 206X(1) or 498ZH(1) of the Residential Tenancies Act 1997 must specify the date on which the renter, resident, site tenant or SDA resident received the Director's report under section 45, 102, 153, 206W or 498ZG of that Act (as the case requires).
Rule 8.08(4E) inserted by S.R. No. 114/2021 rule 7(6).
(4E) An application under section 209AAB of the Residential Tenancies Act 1997 must specify the date on which written notice of the urgent repairs and the cost of the urgent repairs was given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).
Rule 8.08(5) amended by S.R. No. 114/2021 rule 7(7)(a).
(5) An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZU of that Act must specify—
Rule 8.08(5)(a) amended by S.R. No. 114/2021 rule 7(7)(b).
(a) the statement alleged to have been made by the renter; and
(b) the date on which it is alleged the statement was made.
Rule 8.08(6) amended by S.R. No. 114/2021 rule 7(8)(a).
(6) An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZZE of that Act must specify—
Rule 8.08(6)(a) amended by S.R. No. 114/2021 rule 7(8)(b).
(a) the eligibility criterion or criteria which it is alleged the renter has ceased to meet; and
Rule 8.08(6)(b) amended by S.R. No. 114/2021 rule 7(8)(b).
(b) the date on which it is alleged the renter ceased to meet the eligibility criterion or criteria.
Rule 8.08(7) amended by S.R. No. 125/2020 rule 11, substituted by S.R. No. 114/2021 rule 7(9).
(7) An application under section 419A of the Residential Tenancies Act 1997 must specify—
(a) the amount of bond sought;
(b) the basis on which the amount is sought;
(c) the date on which the residential rental agreement terminated;
(d) whether any, and what amount of, bond was paid on behalf of the renter by the Director of Housing or an agent of the Director of Housing; and
(e) the name and address (including any electronic address if known) of the parties to the residential rental agreement and any other person who the applicant believes may have an interest in a claim for the bond.
Rule 8.08(8) revoked by S.R. No. 114/2021 rule 7(9).
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Rule 8.08(9) amended by S.R. No. 145/2019 rule 15(7).
(9) An application under section 452(5), (6) or (6A) of the Residential Tenancies Act 1997 must specify—
Rule 8.08(9)(a) amended by S.R. No. 114/2021 rule 7(10).
(a) the interest which the applicant claims to have in the residential rental agreement, the agreement in relation to the residency right or the SDA residency agreement (as the case requires); and
(b) the circumstances in which the applicant's interest has arisen.