Victorian Numbered Acts Victorian Numbered Acts(1) Sections 7 and 8 do not apply to an existing rooming house operator if the existing rooming house operator—
(a) before the start of the application period, gives each resident of a rooming house operated by the existing rooming house operator immediately before the application period, a notice to vacate the room occupied by the resident; and
(b) does not withdraw that notice to vacate.
(2) Sections 7 and 8 do not apply to an existing rooming house operator who makes an application for a licence during the application period—
(a) if that application is refused by the Authority under section 16 and—
(i) the existing rooming house operator does not apply to VCAT under section 42 for a review of the Authority's determination under section 16; and
(ii) before, or within 7 days after, the period specified in section 42(3) , the existing rooming house operator gives each resident a notice to vacate under section 268B or section 290B of the Residential Tenancies Act 1997 (as the case requires), until the date that is 120 days after the date on which the notice is given; and
(iii) the existing rooming house operator does not withdraw that notice to vacate; or
(b) if that application is refused by the Authority under section 16 and—
(i) the existing rooming house operator applies under section 42 for review of the Authority's determination under section 16 and VCAT upholds the Authority's determination; and
(ii) before, or within 7 days after, VCAT's decision to uphold the Authority's determination, the existing rooming house operator gives each resident a notice to vacate under section 268B or section 290B of the Residential Tenancies Act 1997 (as the case requires), until the date that is 120 days after the date on which the notice is given; and
(iii) the existing rooming house operator does not withdraw that notice to vacate; or
(c) if the Authority grants the existing rooming house operator a licence under section 16, until the day that the licence is granted.
(3) Subject to subsection (4), sections 7 and 8 do not apply to the following persons in relation to an existing rooming house operator for a period of 150 days starting on the day immediately after the existing rooming house operator ceases to operate a rooming house—
(a) if the person who was the existing rooming house operator dies, the executor named in the deceased person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the deceased person's estate;
(b) if the person who was the existing rooming house operator becomes an insolvent under administration, the assignee, trustee or receiver of the person;
(c) if the person who was the existing rooming house operator becomes a represented person within the meaning of the Guardianship and Administration Act 1986 , the guardian or administrator of the person or any person nominated by the guardian or administrator;
(d) if the person who was the existing rooming house operator becomes an externally administered body corporate, the liquidator, official manager, receiver, receiver and manager or other external administrator.
(4) A person who is referred to in subsection (3)—
(a) must give, within 30 days after the existing rooming house operator ceases to operate a rooming house, each resident of a rooming house (operated by the existing rooming house operator immediately before that cessation) a notice to vacate under section 263, 268B, 288 or 290B of the Residential Tenancies Act 1997 (as the case requires); and
(b) must not withdraw that notice to vacate.
Note
A notice to vacate under section 268B of the Residential Tenancies Act 1997 terminates any fixed term tenancy agreement under that Act between the rooming house owner and the resident of the rooming house: see section 219(2) of that Act.
(5) A person who is referred to in subsection (1), (2) or (3) is not taken to have withdrawn a notice to vacate given to a resident in accordance with subsection (1), (2) or (4) if, after giving that notice, the person referred to in subsection (1), (2) or (3) gives the resident another notice to vacate under section 243, 244, 245, 246, 248, 249, 250, 251, 253, 278, 279, 280, 281, 282, 283 or 284 of the Residential Tenancies Act 1997 .