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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2018 (SR NO 77 OF 2018) - REG 8.08

Particulars to be provided with certain applications

    (1)     The following applications must specify the acts, facts, matters and circumstances, including relevant dates, being relied on in support of the application—

        (a)     an application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 243, 244, 278, 279, 280, 302, 303 or 304 of that Act; or

        (b)     an application under section 374 of the Residential Tenancies Act 1997 for the termination of a tenancy agreement or residency right.

    (2)     An application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 248, 282 or 307 of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as constituting a failure to comply with an order of the Tribunal.

    (3)     An application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under sections 249, 283 or 308 of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as the basis for giving the notice to vacate.

    (4)     An application under section 322, 323 or 324 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 250, 284 or 309 of that Act must specify—

        (a)     the illegal purpose alleged; and

        (b)     the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the rented premises were, or the room, site or caravan was, used for an illegal purpose.

    (5)     An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 252 of that Act   must specify—

        (a)     the statement alleged to have been made by the tenant; and

        (b)     the date on which it is alleged the statement was made.

    (6)     An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 262 of that Act must specify—

        (a)     the eligibility criterion or criteria which it is alleged the tenant has ceased to meet; and

        (b)     the date on which it is alleged the tenant ceased to meet the eligibility criterion or criteria.

    (7)     An application under section 416 of the Residential Tenancies Act 1997 must specify—

        (a)     the amount of bond sought; and

        (b)     the basis on which the amount is sought; and

        (c)     the date on which the tenant vacated the rented premises; and

        (d)     if made by the Director of Housing, the name of the tenant; and

        (e)     whether any and what amount of bond was paid on behalf of the tenant by the Director of Housing; and

        (f)     the name and address (including any electronic address if known) of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond.

    (8)     An application under section 417 of the Residential Tenancies Act 1997 must specify—

        (a)     the amount of bond sought; and

        (b)     the basis on which the amount is sought; and

        (c)     the date on which the tenant delivered up vacant possession of the rented premises or the date on which the landlord became aware that the tenant had abandoned the rented premises; and

        (d)     the name of the tenant; and

        (e)     if section 418 applies, details of the amount of rent that has accrued and remains unpaid or, if section 419 applies, details of the compensation claimed; and

        (f)     whether any, and what amount of, bond was paid on behalf of the tenant by the Director of Housing; and

        (g)     the name and address (including any electronic address if known) of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond.

    (9)     An application under section 452(5) or (6) of the Residential Tenancies Act   1997 must specify—

        (a)     the interest which the applicant claims to have in the tenancy agreement or the agreement in relation to the residency right; and

        (b)     the circumstances in which the applicant's interest has arisen.



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