VIC: Residential Tenancies Act Section 498ZW Termination of SDA residency agreement

Termination of SDA residency agreement (1) An SDA residency agreement is terminated in the following circumstances—

(a) by agreement in writing between the SDA provider and the SDA resident;

(b) if the SDA provider gives the SDA resident a notice to vacate in accordance with section 498ZX, on the earliest of—

(i) the day on which the SDA resident vacates the SDA enrolled dwelling; or

(ii) if a possession order is made, at the end of the day before the day on which the possession of the SDA enrolled dwelling is delivered up to the SDA provider;

(c) if the SDA provider's registration under the NDIS as a registered provider is revoked, 90 days after the day the registration was revoked;

(d) if the SDA enrolled dwelling occupied by the SDA resident ceases to be an SDA enrolled dwelling, 90 days after the day the SDA enrolled dwelling ceased to be enrolled;

(e) by notice of intention to vacate given to the SDA provider by, or on behalf of, the SDA resident in accordance with section 498ZZA;

(f) if the SDA resident dies;

(g) if the SDA resident is deemed to have abandoned the SDA enrolled dwelling under section 498ZWA;

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(j) the SDA provider contravenes section 498D(1) and the SDA resident wishes to terminate the SDA residency agreement as a consequence of that contravention;

(k) if the Tribunal makes an order terminating the SDA residency agreement;

(l) if a mortgagee in respect of an SDA enrolled dwelling gives a notice to vacate under section 498ZZD and—

(i) the SDA resident vacates the SDA enrolled dwelling on or after the termination date specified in the notice; or

(ii) the SDA residency agreement terminates in accordance with section 498ZZL.

(2) For the purposes of subsection (1)(j), an SDA resident must give an SDA provider a notice of intention to terminate.

(3) A notice of intention to terminate must—

(a) be given in writing; and

(b) specify the date on which the SDA resident intends to terminate the SDA residency agreement.

(4) A notice of intention to terminate may be given in writing on behalf of the SDA resident by the SDA resident's guardian or the SDA resident's administrator, if any.

(5) The SDA provider must notify the following persons of the details of a notice of intention to terminate given under subsection (2) within 24 hours of the notice being received by the SDA provider—

(a) if the notice was given by an SDA recipient, the Chief Executive Officer of the NDIA;

(b) the Public Advocate;

(c) if the notice was not given under subsection (4), the SDA resident's guardian or the SDA resident's administrator, as the case requires;

(d) the Director.