29Exception to sections 7 and 8—applicant for licence renewal

29 Exception to sections 7 and 8—applicant for licence renewal

(1) Despite sections 7 and 8, if a person whose application for renewal of a licence is refused by the Authority applies to VCAT under section 42 for review of the Authority's determination under section 16 within the period specified in section 42(3) and VCAT upholds the Authority's determination and—

S. 29(1)(a) amended by No. 45/2018 s. 377(2).

(a) before, or within 7 days after, VCAT's decision, the person gives each resident a notice to vacate under section 91ZZM or section 142ZR of the Residential Tenancies Act 1997 (as the case requires); and

(b) the person does not withdraw the notice to vacate—

the person does not commit an offence against section 7 or 8 during the period starting on the date that VCAT upholds the Authority's determination and ending 120 days after the date on which the notice to vacate is given.

(2) Despite sections 7 and 8, if a person whose application for renewal of a licence is refused by the Authority does not apply to VCAT under section 42 for review of the Authority's determination under section 16 within the period specified in section 42(3) and—

S. 29(2)(a) amended by No. 45/2018 s. 377(2).

(a) before, or within 7 days after, the period specified in section 42(3), the person gives each resident a notice to vacate under section 91ZZM or section 142ZR of the Residential Tenancies Act 1997 (as the case requires); and

(b) the person does not withdraw the notice to vacate—

the person does not commit an offence against section 7 or 8 during the period starting on the day after the end of the period specified in section 42(3) and ending 120 days after the date on which the notice to vacate is given.

S. 29(3) amended by No. 45/2018 s. 377(3).

(3) A person is not taken to have withdrawn a notice to vacate given to a resident in accordance with subsection (1) or (2) if, after giving that notice to vacate, the person gives the resident another notice to vacate under section 91ZI, 91ZJ, 91ZK, 91ZL, 91ZM, 91ZO, 91ZP, 91ZQ, 91ZT, 91ZV, 142ZB, 142ZC, 142ZD, 142ZE, 142ZF, 142ZG, 142ZH or 142ZI of the Residential Tenancies Act 1997.

Note to s. 29 amended by No. 45/2018 s. 377(4).

A notice to vacate under section 91ZZM 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 91E(2) of that Act.