Notices during an SDA residency

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Giving notices and other documents by email

The law says you must give residents notices and documents in person or by mail. Residents can also choose to get notices, documents and other information from you by email. They must give you permission to do this by:

Residents can change their mind at any time and must tell you in writing if they no longer want to communicate by email.

If their email address changes, they must immediately give you their new email address.

Notice of rent increase

Although there is no prescribed form for issuing a proposed notice of rent increase where an SDA residency agreement is in place. You can download and use our:

The law says for a notice of rent increase to be valid:

  • SDA providers must give residents, and their guardian or administrator (if they have one), at least 60 days’ notice of any rent increase, and
  • the notice must include:
    • the amount of the rent increase
    • the method by which the rent increase was calculated
    • a statement informing residents of their right to ask us, if they think the rent is too high, to investigate and report on the proposed rent. The resident can only ask for a rent assessment within 30 days of getting the notice of rent increase
  • you must not increase the rent more than once every 6 months.  

For information about rent increases, go to Rental payments in SDA.

Temporary relocation notice

You can give the resident this notice if they:

  • make other residents or staff at the property feel unsafe
  • endanger themselves
  • stop other residents from using the property
  • cannot be supported at the property anymore
  • need to move out for their own safety
  • have seriously damaged or destroyed any part of the property, except if the damage is due to:
    • fair wear and tear
    • an accident
    • normal use of any equipment that helps the resident with their disability.
  • have used the property for illegal purposes
  • need to move out while repairs or renovations are done
  • need to move out because the property is no longer specialist disability accommodation.

The resident must move out of their room or the property for up to 90 days.

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Do I have to notify anyone?

Yes. If you give the resident this notice, you must notify the following agencies within 24 hours of the notice being given:

  • CEO of the NDIA (if the resident is an NDIS participant)
  • the Director of Consumer Affairs Victoria.

After receiving a notification, the Director of Consumer Affairs will provide the details of the notice to other relevant agencies including the Office of the Public Advocate, the Transport Accident Commission and the Victorian WorkCover Authority. Use our Enter a notice given to an SDA resident online form.

For more information, go to Notifying us of SDA agreements and notices.

Do I have to find the resident somewhere else to live?

If you ask the resident to move out of the property, you must find them somewhere suitable to live until they can move back. If they need to move out of their room for repairs or renovations, and there is another room available with the same rent, you must offer this to the resident before finding them somewhere else to live.

Can I give the resident a Notice to vacate as well?

Yes. The Notice to vacate must be for the same reason as the Notice of temporary relocation. You must give the resident the Notice to vacate at least 24 hours after the Notice of temporary relocation. For more information, view Notices to end an SDA residency.

Can I change my mind?

Yes. You can cancel a notice to vacate or a notice of temporary relocation before the resident moves out by giving them this notice.

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Breach of duty notice to SDA resident

You can give the resident this notice if they:

  • create a fire, health or safety hazard in the property
  • damage or destroy any part of the property
  • damage the property and do not pay for repairs
  • do not pay rent
  • install something in the property without your written permission
  • keep a pet without your written permission
  • do not let you enter the property.

For more information, go to Responsibilities of residents.

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Notice of entry to residents

We’ve developed a notice for you to tell your resident that you need to enter their room or the property to carry out your obligations.

For more information, go to Entry into your room or the property.

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Notice of intention to sell

You must give the resident a notice of intention to sell if you are selling the property.

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Request a rental assessment

We've developed an online Request for rental assessment form that residents can complete to request an investigation into a rent increase that the resident believes is too high. Go to Rental payments in SDA.

Application to Director

Residents can complete an Application to Director to request an investigation into non-urgent repairs that you have not been fixed. Go to Repairs and maintenance in SDA.

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