82Application of sections 7 and 8 to existing rooming house operators

82 Application of sections 7 and 8 to existing rooming house operators

(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;