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), amended by S.R. No. 54/2024 rule 6(1).
(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.
Rule 8.08(1)(d) inserted by S.R. No. 145/2019 rule 15(3), revoked by S.R. No. 54/2024 rule 6(2).
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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. Nos 114/2021 rule 7(5)(c), 54/2024 rule 6(3).
(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 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), revoked by S.R. No. 54/2024 rule 6(4).
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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—
Rule 8.08(7)(a) substituted by S.R. No. 133/2024 rule 7(1).
(a) the amount of the bond;
Rule 8.08 (7)(ab) inserted by S.R. No. 133/2024 rule 7(1).
(ab) the amount of bond sought;
(b) the basis on which the amount is sought;
(c) the date on which the residential rental agreement terminated;
Rule 8.08(7)(d) amended by S.R. No. 133/2024 rule 7(2).
(d) whether any, and what amount of, bond was paid on behalf of the renter by Homes Victoria or an agent of Homes Victoria;
Rule 8.08 (7)(da) inserted by S.R. No. 133/2024 rule 7(3).
(da) the relevant Residential Tenancies Bond Authority bond number or numbers; 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), new rule 8.08(8) inserted by S.R. No. 133/2024 rule 7(4).
(8) An application under section 213A of the Residential Tenancies Act 1997 must specify—
(a) the amount of the bond;
(b) the amount of rent or hiring charges owed at the date of the application;
(c) whether any, and what amount of bond was paid on behalf of the renter, resident or site tenant by Homes Victoria or an agent of Homes Victoria;
(d) the relevant Residential Tenancies Bond Authority bond number or numbers; and
(e) the name and address (including any electronic address, if known) of—
(i) for an application in respect of rented premises—the parties to the residential rental agreement;
(ii) for an application in respect of a room—the resident and the rooming house operator;
(iii) for an application in respect of a caravan or caravan site—the resident and the caravan owner or caravan park owner (as the case requires);
(iv) for an application in respect of a Part 4A site—the parties to the site agreement; and
(v) any other person who the applicant believes may have an interest in a claim for the bond.
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.