TERMINATING TENANCIES & DECEASED
ESTATES
VERSION 4.1 OCTOBER 2009
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Page 1
Terminating Tenancies & Deceased Estates
Version 4.1 September 2009
Published by the Office of Housing, Victorian Government Department of Human Services, Melbourne,
Victoria Australia.
Copyright State of Victoria, Department of Human Services, 2008.
This publication is copyright. You may make limited copies of this document in accordance with the
Copyright Act 1968 (Cth), including copies for research, study, criticism, review or news reporting. Apart
from this, you may not publish, reproduce, adapt, modify, communicate or otherwise use any part of this
document (in particular for commercial purposes).
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.Table of Contents
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Table of Contents
Table of Contents
Table of Contents ....................................................................................... 3
Revision History ......................................................................................... 5
5.1
Purpose and Scope ............................................................................. 7
5.2
Definitions ........................................................................................ 8
5.3
References .......................................................................................10
5.4
Introduction .....................................................................................11
5.5
Terminating Tenancies Policy ..............................................................12
5.5.1
Reasons for Terminating a Tenancy ..............................................12
5.5.2
Tenant Vacates or is Evicted ........................................................12
5.5.3
Removal of Goods From the Property ............................................13
5.5.4
Giving Notice .............................................................................13
5.5.5
Termination Date .......................................................................13
5.5.6
Terminating a Joint Tenancy ........................................................13
5.5.7
Requests for Transfer of Tenancy .................................................14
5.6
Deceased Estates Policy .....................................................................15
5.6.1
Obtaining Notification of Death ....................................................15
5.6.2
Identifying the appropriate LPR ....................................................15
5.6.3
No Known Next of Kin .................................................................15
5.6.4
Access to the Property of Deceased Tenants ..................................16
5.6.5
Tenancy Termination Date...........................................................17
5.6.6
Remaining Residents & Illegal Occupants ......................................18
5.7
Terminating Tenancies Procedures ......................................................19
5.7.1
Vacating Advice for Terminating Tenants .......................................19
5.7.2
Terminating the Account .............................................................19
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Page 3
5.7.3
Remaining Occupants when the Tenant Vacates ............................. 20
5.7.4
Account Balances for Vacating Tenants ......................................... 21
5.8
Deceased Estates Procedures.............................................................. 22
5.8.1
Notifying Next of Kin .................................................................. 22
5.8.2
Identifying the LPR ..................................................................... 22
5.8.3
State Trustees Ltd ...................................................................... 23
5.8.4
Correspondence Address ............................................................. 24
5.8.5
Obtaining Notification of Death .................................................... 24
5.8.6
Regaining Possession of the Property.......................................... 25
5.8.7
Removal of Goods From the Property ............................................ 26
5.8.8
Outstanding Account Balances for Deceased Tenants ...................... 26
5.9
Terminating Tenancies & Deceased Estates Appendix ............................ 27
5.9.1
Tenant’s General Notice of Termination ......................................... 27
5.9.2
Vacating Instructions .................................................................. 28
5.9.3
Vacated Arrears Agreement ......................................................... 29
5.9.4
Procedural Flowchart for Terminating the Tenancy of a Sole Tenant .. 30
5.9.5
Letter to Request Written Advice of Death ..................................... 31
5.9.6
Kin
Notification of Death by Legal Personal Representative or Next of
............................................................................................... 32
5.9.7
Legal Personal Representative Declaration re. Outstanding Charges . 33
5.9.8
Continued (reverse side) ............................................................. 34
5.9.9
Referral to State Trustees ........................................................... 35
5.9.10
Notification of Death by State Trustees to the OOH (example)Error! Bookmark n
5.9.11
Notice to Vacate to Legal Personal Representative or Next of Kin .... 36
5.9.12 General application to VCAT if unable to serve Notice to Vacate
(example) ............................................................................................ 37
5.9.13 Application to VCAT where Legal Personal Rep refuses to leave
(example) ............................................................................................ 38
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Revision History
Terminating Tenancies & Deceased Estates Policy & Procedures
The following table shows the development of this manual.
Version
Amend./
Section
Number
Pages
Effective
from
Details
Dec 1999
First issue of the manual
5-5
Jan 2000
Clarification of tenancy termination date
All
May 2004
1.0
1.1
1
2.0
Second issue of the chapter. Chapter
has been completely revised & updated
to
include
amendments
to
the
Residential Tenancy Act 1997. Changes
include:
 separation of Terminating Tenancies
policies & procedures from Deceased
Estates policies & procedures;
 clarification of procedures where one
co-tenant from a joint tenancy
terminates
and
offers
vacant
possession;
 ‘return of keys receipt’ added to
“Tenant’s
General
Notice
of
Termination” (appendix);
 instructions for issuing new NTV
pursuant to s.228 (1)(b) to the legal
personal representative following the
death of a sole tenant;
 instructions for making an application
to VCAT pursuant to s.228 (2) for an
order to terminate a deceased
tenancy where no legal personal
representative or next of kin have
been identified and State Trustees
are unwilling to assist.
3.0
Through
out
All
July 2005
Reissue of the chapter to comply with
DHS publishing guidelines.
3.1
Through
out
All
March
2007
Update of Head Office contact details.
Through
out
All
October
2008
Updated the entire chapter to include
consideration for the Charter of Human
Rights Legislation.
4.0
Page 5
Hyperlinks to other OOH manuals.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Version
4.1
Page 6
Amend./
Section
Number
Pages
Effective
from
Details
Updated appendices to include new DHS
letterhead on letters.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.1 Purpose and Scope
Purpose
The purpose of this chapter is to outline the processes by which
the Office of Housing concludes the tenancy agreement between
the tenant and the Director of Housing where the tenant vacates
or is deceased.
This chapter aims to ensure the Office of Housing provides a fair
and consistent application of policy for all clients.
Scope
How to Use This
Chapter
Page 7
The policy and procedures of this chapter in conjunction with the
Public Housing Customer Service Charter applies to all tenants
and, where the sole tenant is deceased, the Legal Personal
Representative or Next of Kin.
The procedures should be read in association with the policy,
and where appropriate, referral should be made to other Office
of Housing manuals and documents to ensure the intent of the
policy is achieved when administering procedures.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.2 Definitions
Term
Definition
Administrator
Where there is no Last Will and Testament, the next of kin
or a state appointed trustee, who is authorised to manage
the affairs of someone after death (otherwise referred to as
a legal representative).
Beneficiary
A person who has an entitlement to benefit from a
deceased estate.
Deceased estate
The total of a person’s financial affairs: money, property,
possessions, debts and liabilities, at the time of their
death.
Executor/Executrix of an
estate
Where there is a Last Will and Testament, the person
appointed to handle the affairs of someone after their
death (otherwise referred to as a Legal Personal
Representative). The executor may or may not be the next
of kin.
Legal Personal
Representative
Referred to as the Legal Personal Representative in the RTA
(1997). For the purpose of this manual, Legal Personal
Representative refers to the person with the greatest legal
right to administer the deceased estate, and may be the
next of kin, the executor or an administrator.
Letters of administration
Letters of administration confer on the administrator
appointed by the court the powers and duties necessary to
fully administer and discharge the deceased estate.
Next of Kin
The closest living relative (by blood or marriage) of a
deceased person.
Where there is no executor of a
deceased estate they are considered by the OOH to be the
deceased tenant’s Legal Personal Representative.
Occupier
A general term to refer to an individual who has taken up
residence in an Office of Housing property. The individual
may be a Tenant, Resident or Illegal Occupant.
Order of Abandonment
An order granted by the Victorian Civil & Administrative
Tribunal declaring a rental property to be abandoned and
awarding possession to the landlord.
Sole Tenant
The only tenant of a rental property, having signed the
residential tenancy agreement. A sole tenant may live
alone or with a resident(s).
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Term
Definition
State Trustees
A Victorian Government owned company, which provides a
range of trustee, executor, and personal financial
administration
services
including
deceased
estate
administration.
Termination of tenancy
The conclusion of a Residential Tenancy Agreement
between a tenant or tenants and the Director of Housing as
Landlord in relation to a rented property.
Vacant possession
When a property is free from occupation and free from any
claim to a right to possession. The Office of Housing gains
vacant possession of a property when a warrant is
executed, an Order of Abandonment granted or when a
tenant
(or
a
deceased
tenant’s
Legal
Personal
Representative) has returned the keys to the property.
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.3 References
Reference
Abbreviation
Administration and Probate Act (1958)
APA1958
Legal Personal Representative
LPR
Maintenance Charge Against the Tenant
MCAT
Next of Kin
NOK
Office of Housing
OOH
Residential Tenancies Act (1997)
RTA1997
Victorian Civil and Administrative Tribunal
VCAT
Legal Services
LS
Symbol
L
Refers to another Human Services manual or
document
Refers to a Legal Act
Refers to Internet Site
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
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.4 Introduction
The Office of Housing (OOH) as landlord enters into a Residential
Tenancy Agreement with all eligible clients who are to reside in
public rental housing. This agreement details the rights and
responsibilities of both the landlord and the tenant(s) in relation
to the rented premises, for the duration of the tenancy.
The termination of an OOH tenancy concludes the tenancy
agreement between the tenant and the Director of Housing. The
OOH policy and procedures, which govern this process, are
outlined in the following chapter.
The chapter comprises four parts. The Policy is a statement of
intent, which provides the direction and broad principles to be
applied. Procedures provide the instructions on how the policy is
to be implemented.
The Appendix provides examples of
documents, legal notices, correspondence and a procedural
flowchart, which may be used by the reader.
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Terminating Tenancies Policy
5.5 Terminating Tenancies Policy
5.5.1
Reasons for
Terminating a
Tenancy
The Office of Housing (OOH) terminates a tenancy agreement and
takes vacant possession of the rental property when any of the
following occur:

the tenant transfers to another OOH property.

the tenant moves out of public housing. For example the tenant
is moving into private rental or they have bought their own
home.

the OOH obtains a Warrant of Possession from the Victorian Civil
and Administrative Tribunal (VCAT) and evicts the tenant.

the tenant is deceased, and
there are no remaining household members eligible for a
transfer of tenancy, and
the Legal Personal Representative (LPR)/Next of Kin (NOK)
offers up vacant possession, or
a Notice to Vacate is served on the LPR/NOK and VCAT makes
an Order of Possession, or
where no LPR/NOK has been identified, and State Trustees
are unwilling to assist, staff must apply to VCAT for an order
to terminate the tenancy, and if required, reapply to VCAT to
obtain an Order of Possession.
Transfer of
Tenancy chapter in this
manual
5.5.2 Tenant
Vacates or is
Evicted
Note: When tenancy rights are transferred from one household
member to another, the tenancy is terminated and another
one created. The OOH does not take vacant possession of the
property.
The tenancy terminates (in accordance with the RTA 1997), and the
OOH takes possession of the property when:

the tenant offers up vacant possession to the OOH; or

where a Warrant of Possession is executed.
Termination of a tenancy in the above circumstances renders the
rented property free from occupation and free from any claim to a
right of possession by another party.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
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5.5.3
Removal of
Goods From
the Property
Abandoned
Properties & Goods
chapter in this Manual
It is the responsibility of the tenant to arrange removal of all goods
from the property before returning the keys. Goods left behind in
the property are treated as abandoned goods. If the OOH incurs
costs for rubbish disposal these are charged to the vacated account
by way of a Maintenance Claim Against the Tenant (MCAT).
When the estate is administered by State Trustees they arrange
payment of the MCAT from either the tenant’s account or their own
funds.
5.5.4 Giving
Notice
The OOH requires tenants to give written notice prior to vacating
their property. Notice is given by completing a ‘Tenant’s General
Notice of Termination’ form or by supplying the same information in
a letter to the Housing office.
 Appendix 5.9.1
Written notice 28 days prior to vacating, pursuant to s.235 of the
Residential Tenancies Act 1997 (RTA) is preferred, however it is not
mandatory. It is understood that tenants will not always be able to
provide 28 days notice, in particular those who are relocating to
another OOH property or are moving to a nursing home.
Tenant’s General Notice
of Termination
RTA 1997, s.235,
s.237
Note: The tenants remain responsible for payment of the rent up
until the termination date.
5.5.5
Termination
Date
 Appendix 5.9.1
Tenant’s General Notice
of Termination
If a tenant vacates their rental property after giving less than 28
days notice, the tenancy and rent charges are terminated on the day
that vacant possession is offered up to the OOH.
If keys and a ‘Tenant’s General Notice of Termination’ form are
returned after hours the tenancy termination date is backdated to
the previous day. For example, if the keys are left under the door on
the weekend the account is terminated from the Sunday.
If a tenant gives notice but later decides not to move out, they are
not obliged to do so, however the tenant should notify the housing
office immediately.
It is very important that staff ensure that the vacating tenant signs a
‘Tenant’s General Notice of Termination’ form. If the tenant returns
the keys without the termination form, staff should obtain an Order
of Abandonment to regain possession of the property.
5.5.6
Terminating a
Joint Tenancy
The RTA allows a co-tenant from a joint tenancy to terminate and
offer vacant possession of their property on behalf of other cotenants.
Tenant’s General Notice
It is preferred that all OOH tenants subject to a joint tenancy sign
the ‘Tenant’s General Notice of Termination form’, however if this is
not possible, vacant possession may be offered by one tenant.
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
 Appendix 5.9.1
of Termination
Transfer of
Tenancy chapter in this
Manual
5.5.7
Requests for
Transfer of
Tenancy
Transfer of
Tenancy chapter in this
Manual
If one tenant from a joint tenancy wishes to terminate the account, it
is important that Housing staff establish the intentions of any
remaining tenants or residents. If the entire household do not wish
to vacate the property, Housing staff should contact any remaining
tenants or residents and assess their eligibility according to OOH
Transfers of Tenancy policy.
If a household member indicates that they wish to assume the
tenancy, the OOH assesses their eligibility for a transfer of tenancy
under OOH Transfers of Tenancy policy and procedures.
If a transfer of tenancy is not approved, and the occupants do not
leave the property, the OOH takes steps to terminate the tenancy
and commence Illegal Occupancy proceedings against the occupants
to obtain an Order of Possession. In extenuating circumstances, the
Housing Services Manager (HSM) has the discretion to delay the
eviction on the grounds of severe hardship.
Illegal Occupants
and Squatters chapter in
this Manual
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.6 Deceased Estates Policy
5.6.1
Obtaining
Notification of
Death
The OOH seeks to promptly identify the most appropriate, available
person to act as the Legal Personal Representative (LPR) or Next of
Kin (NOK) of a deceased tenant in order to notify the OOH of the
tenant’s death and to offer up vacant possession of their property.
The OOH takes reasonable steps to substantiate the legitimacy of an
LPR/NOK.
If there is no executor, the NOK is regarded as the LPR. Where an
executor has been appointed by the deceased in their Will, their rights
to administer the estate supersede those of the NOK. In this instance
the executor, not the NOK, is the LPR.
 Appendix 5.9.6
Notification of Death by
LPR or NOK
RTA 1997, s228
(1)(a), 322 & 344
The OOH must receive a completed ‘Notification of Death form’ from
the LPR or NOK. Termination of the tenancy occurs automatically 28
days after receipt of the form, however the OOH may only take vacant
possession and terminate the tenancy on ISIP when the keys have
been returned or VCAT grants an Order of Possession under the
relevant section of the RTA – s.322 for LPR (where a Notice to Vacate
has been served), or s.344 for NOK (where the premises has been
occupied without consent).
Note: The rights of an LPR in law are superior to a NOK of the
deceased. An LPR is appointed as an executor by the deceased
in their Will, or by a court which grants letters of administration
to an individual so that they may act as an LPR.
5.6.2
Identifying
the
appropriate
LPR
To be entitled to remove goods from the rental property and offer up
vacant possession, the LPR must:

be the executor appointed by the tenant in their Last Will and
Testament (Will), or

in the absence of a Will, complete a ‘Notification of Death’
form to the effect that they are the NOK of the deceased,
eligible to apply to the Supreme Court of Victoria for letters of
administration, or

be a State Trustee, when no other legal representative is
available.
 Appendix 5.9.6
Notification of Death by
LPR or NOK
5.6.3 No
Known Next
of Kin
 Appendix 5.9.9
Referral to State
Trustees

State Trustees
Page 15
State Trustees
Where no LPR/NOK of a deceased tenant is known, the OOH contacts
the Victoria Police and/or State Trustees. Under the Administration
and Probate Act (1958), administration of a deceased estate vests
with State Trustees in the instance that:

no LPR/NOK exists, or

the LPR/NOK has not been identified or cannot be located.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
APA 1958, s.19,
s.24A (e)
RTA 1997, s.228
(2)
 Appendix 5.9.11
General Application to
VCAT if unable to serve
NTV
5.6.4 Access
to the
Property of
Deceased
Tenants
State Trustees will attempt to locate an LPR, and administer the estate
until such time as a more suitable administrator is located. State
Trustees should be requested by staff to provide the OOH with written
notification of the death as soon as possible, and notify the OOH of
their intention to act as administrators of the deceased estate.
If no LPR or NOK has been identified, and State Trustees are unwilling
to assist, staff must apply to VCAT for an order to terminate the
tenancy pursuant to s.228 (2). Please contact Legal Services prior to
applying to VCAT for an order of termination.
Gaining Entry
OOH Staff may not enter the property of a deceased sole tenant until
vacant possession has been offered by the identified NOK/LPR, or by
executing a warrant of possession. Until vacant possession has been
obtained, only the NOK/LPR (including State Trustees), or a person
authorised by the LPR (including OOH staff) can enter.
If neither the OOH nor the LPR is in possession of the keys, the OOH
arranges a contractor to change the locks in the presence of housing
staff. The keys are given to the LPR.
Access to
Properties chapter in this
manual
Access may be provided by the OOH to another person under the
conditions described under “Supervised Access” in this section. When
the OOH does not have the keys to the property but it is keyed to a
master key system, master keys may be used by housing staff under
the conditions described in “Supervised Access”.
Supervised Access
Access to
Properties chapter in this
manual
The OOH contacts the LPR for verbal permission to allow access
supervised by the OOH in circumstances where:

clothing of the deceased is required for the funeral,

arrangements need to be made to feed and/or remove pets, or

perishables require disposal.
The person requesting access is advised that they will be accompanied
by a staff member, and they are not to remove any personal papers or
belongings of the deceased, with the exception of funeral requisites,
perishables and pets.
Note: Where a person wishes to reclaim their own belongings which
are stored at the rental property and ownership can be proven
as the third party’s belongings, it is appropriate to allow those
items only to be taken. For example, a passport, or other
personal documents.
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Where an LPR has not been identified, supervised access may be given
to a member of the Victoria Police to locate paperwork identifying the
LPR/NOK.
Unsupervised Access
Only the following people are permitted unsupervised access to the
rental property:

an LPR of the deceased estate,

or in the absence of an LPR, the NOK,

a property inspector for State Trustees acting as LPR, or

Police Officers authorised by State Trustees to act on their
behalf.
Removal of Goods from the Property
Abandoned
Properties & Goods
chapter in this Manual
It is the responsibility of the LPR of the deceased to arrange removal
of all goods from the property before returning the keys. Goods left
behind in the property are treated as abandoned goods. If the OOH
incurs costs for rubbish disposal these are charged to the deceased
estate by way of a Maintenance Charge Against the Tenant (MCAT).
Please note that the MCAT should be deactivated in the event that
there are insufficient funds in the estate to cover the charge.
When the estate is administered by State Trustees they arrange
payment of the MCAT from either the estate or their own funds.
5.6.5
Tenancy
Termination
Date
RTA 1997, s.228
(1)(a) & s.228 (1)(b)
 Appendix 5.9.6
Notification of Death by
LPR/NOK
 Appendix 5.9.10 NTV
to LPR/NOK
 Appendix 5.9.12
Application to VCAT
where LPR Refuses to
Leave
Page 17
Terminating the Tenancy & Regaining Possession
In accordance with the RTA 1997, there are three ways to terminate a
tenancy after the death of a sole tenant:
1. Receiving a ‘Notification of Death’ form from the NOK, LPR or State
Trustees. The tenancy terminates after expiration of 28 days of
receipt of the notice or the notice itself can specify an earlier date.
Vacant possession is accepted when the LPR or NOK returns the
keys to the housing office;
2. By serving a Notice to Vacate pursuant to s.228 (1)(b) on the
LPR/NOK. Staff may only issue this Notice to Vacate if the LPR
refuses to submit a ‘Notification of Death’ form. The termination
date is 28 days after receipt of the Notice to Vacate by the LPR or
NOK. This termination is automatic but if the occupant refuses to
leave and offer vacant possession, staff will need to apply to VCAT
to obtain an Order for Possession. Contact Legal Services prior to
issuing a Notice to Vacate; or
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
RTA 1997, s.228
(2)
 Appendix 5.9.11
General Application to
VCAT if unable to serve
NTV
3. By making a general application to VCAT pursuant to s.228 (2) to
request an order to terminate the tenancy. This application should
only be made where staff have been unable to identify a LPR or
NOK and State Trustees are unwilling to assist. Once VCAT have
granted the order, a further application will be required to seek an
Order for Possession. Contact Legal Services prior to applying to
VCAT for an order to terminate the tenancy.
Note: Rent continues to be charged to the deceased estate in
accordance with the rebated rent entitlement at the time of
death, until the tenancy is terminated.
5.6.6
Remaining
Residents &
Illegal
Occupants
RTA 1997, s228
(1)(b), s322 & s344
Transfer of
Tenancy chapter in the
manual
Once the tenancy has been terminated in accordance with one of the
methods described above, the steps to regain possession will be
determined by who is in occupation of the premises.
For example, if the LPR is residing in the property and refuses to leave
after expiration of the Notice to Vacate pursuant to s.228 (1)(b), staff
should seek an Order for Possession pursuant to s.322.
If anyone else is residing in the property, (including remaining
residents or NOK who have applied for, and not been approved for a
transfer of tenancy status) the tenancy must be terminated prior to
commencing legal action. An application to VCAT for an Order of
Possession can then be made pursuant to s.344 on the basis they are
illegal occupants. Contact Legal Services prior to terminating the
tenancy or applying to VCAT for an Order for Possession.
Illegal Occupancy
& Squatters chapter in
this manual
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5.7 Terminating Tenancies Procedures
5.7.1
Vacating
Advice for
Terminating
Tenants
When a tenant advises that they intend to vacate their rental
property, advise them that:

Written notification, signed by the tenant, is required. The
OOH requests that 28 days notice be given wherever
possible.

Rent will be charged on the property until the general notice
of termination and keys are returned to the Housing Office.

A condition inspection of the rental
conducted, before they vacate if possible.
RTA 1997, s.235
 Appendix: 5.9.1
Tenant’s General Notice of
Termination
property
will
be
Provide the tenant with the following:
 Appendix: 5.9.2
Vacating Instructions

A Tenant’s General Notice of Termination’ Form for them to
complete and return as soon as possible, and

An account statement to show any outstanding charges that
need to be repaid.
On receipt of written advice, record the tenant’s intention to
vacate on ISIP and place the written advice on the tenancy file.
Vacating Inspection
Maintenance Manual
5.7.2
Terminating
the Account
 Appendix: 5.9.1
Tenant’s General Notice of
Termination
When a tenant advises of their intention to vacate, arrange an
inspection of the rental property in order to complete a Tenancy
Condition Report. The inspection should occur prior to the
tenant vacating wherever possible.
Termination of Tenancy by the Tenant
Terminate the tenancy on ISIP from the date the ‘Tenant’s
General Notice of Termination’ form is submitted and keys are
returned to the housing office. Provide a return of keys receipt
and record this in the vacated key register. If the keys are
mailed to the office with a general notice of termination form,
send a return of keys receipt and record this in the vacated key
register.
Where the keys are returned to the non-controlling office, the
register should be updated to reflect the date the keys were
received, and also the date that the keys were forwarded to the
controlling office. Upon receipt of the keys, the controlling office
can then confirm the actual termination date with the office that
initially received the keys.
Label and retain the keys to be given to the contractor
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Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
undertaking the vacant unit maintenance. Issue the tenant with
an ISIP termination letter either by hand or by sending it to their
forwarding address. If the forwarding address is not known,
send the letter to the rental property as the last known address.
Movable Units
Movable Unit
chapter of this manual
When a movable unit is vacated, terminate the tenancy in the
same way as for other tenancies. Terminate the account on ISIP
and send the labelled keys and a copy of the ISIP vacancy notice
to:
Movable Units, Level 26, 50 Lonsdale Street, MELBOURNE 3000
Police Witness Protection Program
Allocations manual
When a tenant vacates because they are relocating as part of the
Police Witness Protection Program, do not enter a forwarding
address or make file notes in order to ensure confidentiality of
their new location. If the tenant is transferring to another OOH
property, their old and new accounts must not be linked for the
same reason.
Where ISIP requires the client to be linked with previous records,
the Client Reference Number will need to be removed from those
accounts.
5.7.3
Remaining
Occupants
when the
Tenant Vacates
Transfer of
Tenancy chapter in this
manual
Illegal Occupants &
Squatters chapter in this
manual
Page 20
When a tenant vacates and an occupant who is not a signatory
of the tenancy agreement remains in the rental property,
determine whether the occupant is:

a resident who may be eligible to have the tenancy
transferred into their name,

an illegal occupant, or

a squatter.
If the occupant is eligible for tenancy rights but has not
submitted a transfer of tenancy application, contact them to
ensure they understand that they must do so if they wish to
remain in the rental property.
If the occupant is ineligible to have the tenancy transferred into
their name, they cannot remain in the rental property. Take
appropriate action to terminate the tenancy and regain
possession of the property in accordance with Illegal Occupants
and Squatters policy and procedures.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.7.4 Account
Balances for
Vacating
Tenants
Credit at the Time of Vacating
Vacated Tenants
Accounts chapter in this
Manual
Arrears at the Time of Vacating
 Appendix: 5.9.3
Vacated Arrears
Agreement
If vacating an account results in a credit balance, advise the
tenant that this money will be refunded once the account has
been finalised by Revenue and Accounts Receivable, Vacated
Tenants Section.
When a tenant has an outstanding debt of rent and/or
maintenance (MCAT) charges at the time of vacating the rental
property, inform them of the amount owing and request that
they pay it in full. If the tenant cannot pay all charges owed,
negotiate an “Agreement to Repay Rental/Maintenance Arrears”.
A ‘Vacated Arrears Agreement’ may be signed if the ISIP form is
not available.
Make a copy of the completed agreement for the tenant and fax
it to Revenue and Accounts Receivable Section, Finance and
Business Services Branch, on fax: (03) 9096 9127.
If a Legal Agreement is in place, inform the tenant that they are
obliged to continue their arrears repayments as per the
agreement until all the debt is repaid. Ensure that the tenant
signs a ‘Vacated Arrears Agreement’ with the same weekly
repayment amount as the Legal Agreement, to acknowledge
their understanding that payments must continue.
Make copies of both agreements for the tenant and fax them to
Revenue and Accounts Receivable Section, Finance and Business
Services Branch, on fax: (03) 9096 9127.
Page 21
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.8 Deceased Estates Procedures
5.8.1 Notifying
Next of Kin
Deceased Tenant’s Next of Kin is Unknown
 Appendix: 5.9.4
If the tenant died in hospital, the hospital will inform the NOK.
Procedural Flowchart
If the Housing office becomes aware of the death of a tenant
before a NOK has been located and the tenant did not die in
hospital, inform the Victorian Police. The Police will make
initial enquiries to determine the NOK and inform them of the
tenant’s death.
Provide any relevant information from the file to the
appropriate organisation to aid their investigations. Request
that the NOK, when found and notified, be asked to contact
the Housing office.
Ask that the Housing office is also
provided with the LPR/NOK’s name, address and telephone
number.
Note: It is not the role of the OOH to inform a tenant’s NOK of
their death. If the NOK contacts the Housing office
before they have been notified of the tenant’s death,
refer them to the appropriate organisation.
For
example, the police or hospital.
5.8.2
Identifying the
LPR
L
Legal Services
When the NOK is in contact with the Housing office, take
reasonable steps to identify the tenant’s LPR. Ask the NOK
whether the tenant left a Will, and if so, whether they are the
appointed executor of that Will.
If you become aware that two or more potential LPRs are in
dispute as to who should administer the estate, contact Legal
Services.
Tenant Has Left a Will
If the tenant has left a Will, the executor of the Will is the LPR
and the only person whom the housing office can allow to
finalise the tenancy and remove goods from the property. The
LPR must provide:
 Appendix 5.9.6
Notification of Death by LPR
or NOK

Identification,

a certified copy of the Will or the original to be copied by
the housing office, and

a completed ‘Notification of Death’ form.
Tenant Has Not Left a Will
Page 22
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
If the NOK claims that the tenant has not left a Will but that
they will be applying for Letters of Administration to
administer the estate, they must provide:
 Appendix 5.9.6
Notification of Death by
LPR/NOK
5.8.3 State
Trustees Ltd
 Appendix 5.9.9
Referral to State Trustees
Ltd
RTA, s228

identification,

a completed ‘Notification of Death’ form,

the death certificate showing them as NOK, or

If the death certificate is not available, an official document
showing the relationship of the NOK to the deceased. For
example a birth certificate identifying the tenant as a
parent, or a marriage certificate identifying the tenant as a
spouse.
If after five working days the Police have been unsuccessful in
locating the NOK, request assistance from State Trustees Ltd
by completing and faxing the ‘Referral to State Trustees Ltd’
form on fax: (03) 9667-6287.
State Trustees Ltd will continue the search, and until the
NOK/LPR are determined. They are empowered to act in the
capacity of legal representative. In this capacity, ask them to
make a formal notification of death in writing to the OOH.
State Trustees Ltd are required to inspect the property and if
there are any goods or vehicles on the property, to arrange for
their distribution to relatives, sale or disposal. A property
inspector contacts the housing office to arrange access for an
inspection, which should be conducted as soon as possible to
avoid delaying the vacant unit maintenance.
If the property inspection has not been conducted or arranged
to be conducted within five working days of sending the
referral to State Trustees Ltd, contact them to arrange an
inspection time.
If the Housing office is in possession of the keys, give the keys
to the property inspector after identification is sighted
confirming that they are an employee of State Trustees Ltd. If
the Housing office does not have keys to the property but
there are master keys, accompany the property inspector to
allow access to the premises. Make a time to return and
secure the property when the inspection is complete.
If the Housing office is not in possession of the keys, arrange
for a contractor to change the locks, in the presence of a
Housing Services Officer (HSO). Store the keys on behalf of
State Trustees Ltd, as executor, at the Housing office.
Note: In some regional areas State Trustees Ltd may request the
assistance of the local Police or Real Estate Agent to act on their
behalf. If this occurs, confirm that this authority has been given
by way of a phone call to State Trustees Ltd.
Page 23
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.8.4
Correspondence
Address
When the death of a sole tenant/occupant has been confirmed,
alter the correspondence address on ISIP so it reads:
The Estate of X (Deceased) c/o
<insert number and street name of the rental address>
<insert suburb or town of the rental address>
All other correspondence to the LPR and/or occupiers of the
property should also be addressed in this way, unless another
address is established for the LPR. In this case the address only is
changed. Do not address mail to an individual.
Note: Legal notices are not to be sent until the Housing office has
confirmed that the NOK are aware of the death.
5.8.5
Obtaining
Notification of
Death
Obtaining Written Notification of the Tenant’s
Death
 Appendix 5.9.5
Inform the LPR that they will have a maximum of 28 days from
the date the ‘Notification of Death’ form is submitted to the
Housing office to offer vacant possession and return the keys to
the Housing office.
Letter to Request Written
Advice of Death
 Appendix 5.9.6
Notification of Death by LPR
or NOK
 Appendix 5.9.2 Vacating
Instructions
Once the identity of the LPR has been established, send a ‘Letter
to Request Written Advice of Death’, advising the LPR to complete
the ‘Notification of Death’ form to be submitted to the Housing
office within five days.
On receipt of the ‘Notification of Death’ form, offer the LPR a
rental account statement and indicate the “paid to” date. Offer
them a ‘Vacating Instructions’ form. Explain that the rent will
continue to be charged to the estate until all goods are removed
and vacant possession is offered up through return of the keys.
Terminate the tenancy on ISIP from the date keys are received
from the LPR/NOK. Ensure that a Notification of Death form has
been completed.
 Appendix 5.9.5 Letter to
Request Written Advice of
Death
RTA 1997, s.228
(1)(b)
 Appendix 5.9.10 NTV to
LPR or NOK
 Appendix 5.9.12
Application to VCAT where
LPR refuses to Leave
Page 24
If the Notification of Death Form is Not Provided
If written notification of the tenant’s death has not been provided
by the deceased tenant’s LPR within five days of sending the
‘Letter to Request Written Advice of Death’, serve a Notice to
Vacate on the LPR or NOK pursuant to s228 (1)(b). If no response
is received, wait 28 days plus three days postage, then apply to
VCAT for an Order for Possession pursuant to s322. Contact Legal
Services prior to issuing a Notice to Vacate or making an
application to VCAT.
If written notification has not been provided by the deceased
tenant’s NOK who has taken up residence in the property, they
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
L
Legal Services
should be treated as an illegal occupant. Serve a NTV on the LPR
or NOK pursuant to s228 (1)(b). Staff should then apply to VCAT
for an Order for Possession pursuant to s344. Contact Legal
Services prior to issuing a Notice to Vacate or making an
application to VCAT.
Where the OOH obtains from VCAT an Order for Possession, and
the LPR or NOK refuses to offer vacant possession, apply for, and
execute a Warrant of Possession.
5.8.6
Regaining
Possession
of
Property
L
Legal Services
If Vacant Possession is Not Offered
the
If written notification of death is submitted to the Housing office
by the LPR but vacant possession is not offered up within 28 days
of its receipt, contact the LPR and any remaining household
members.
Remind them that it is OOH policy to seek the
termination of a tenancy 28 days after receiving written
notification of the tenant’s death. Contact Legal Services for
advice regarding legal action.
If There is No LPR/Next of Kin/State Trustees
RTA 1997, s228 (2)
 Appendix 5.9.11 General
Application to VCAT if
Unable to Serve NTV
If no LPR / NOK have been identified and State Trustees are
unwilling to assist, termination of the tenancy must be obtained
by applying to VCAT for an order of termination pursuant to s228
(2). Please contact Legal Services for advice prior to applying for
an order of termination.
If VCAT have granted an order of termination, and there are
occupants residing in the property who refuse to leave, contact
Legal Services for advice prior to applying for an order of
possession or taking legal action to regain possession of the
property.
RTA 1997, s228
(1)(b) & s344
 Appendix 5.9.10 NTV to
LPR or NOK
Illegal Occupants &
Squatters chapter in this
manual
 Appendix 5.9.6
Notification of Death by
LPR/ NOK
Page 25
Remaining & Illegal Occupants
Where there are remaining household members in the deceased
tenant’s property, and they are not eligible for a transfer of
tenancy, or they are eligible and have been advised that they
need to apply for tenancy rights but have declined to do so, staff
must terminate the tenancy prior to commencing illegal occupancy
proceedings.
Serve the appropriate Notice to Vacate (refer to section 5.6.5 in
this chapter) and make an application to VCAT for an Order of
Possession. The steps to regain possession of will be determined
by who is in occupation of the premises (refer to section 5.6.6 in
this chapter). Contact Legal Services prior to serving a Notice to
Vacate or making an application to VCAT for an Order for
Possession.
Note: Housing staff should terminate a deceased tenancy by
issuing a Notice to Vacate as a last resort. It is preferred
that termination be acquired by obtaining a ‘Notification of
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
Death’ form and vacant possession from the LPR where
possible.
5.8.7
Removal of
Goods From the
Property
Abandoned Property
& Goods chapter in this
Manual
 Appendix 5.9.7
LPR Declaration re
Outstanding Charges
Inform the LPR that it is their responsibility to arrange removal of
all goods from the property before returning the keys.
When goods remain in the rental property after the tenancy is
terminated, and they are assessed as being of no monetary value
according to Abandoned Goods policy and procedures, raise an
MCAT to the deceased estate for rubbish removal. If the LPR later
advises that there are insufficient funds in the estate to pay the
charge, ask them to complete a ‘LPR Declaration re Outstanding
Charges’ to that effect and deactivate the MCAT.
When the estate is administered by State Trustees Ltd they will
arrange payment of the MCAT from either the estate or their own
funds. An MCAT against State Trustees Ltd as administrator
should never be pursued at VCAT.
5.8.8
Outstanding
Account
Balances for
Deceased
Tenants
Credit Balances For Deceased Tenants
Vacated Tenants
Accounts chapter in this
Manual
Arrears for Deceased Tenants
Page 26
If terminating the tenancy of a deceased tenant results in a credit
balance, advise their LPR that this money will be refunded once
the account has been finalised by Revenue and Accounts
Receivable, Vacated Tenants Section (refer to s15.6.2 in the
Vacated Tenants Accounts chapter in this manual).
Where the tenant is deceased, Revenue and Accounts Receivable
Section, Finance and Business Services Branch will inform the
deceased’s estate or legal representative of the amount owing and
request payment in full. If there are insufficient funds available in
the deceased’s estate, the debt will be written off by Finance and
Business Services Branch.
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9 Terminating Tenancies & Deceased Estates
Appendix
5.9.1 Tenant’s General Notice of Termination
Department of Human Services
Incorporating: Community Services and Housing
TENANT’S GENERAL NOTICE OF TERMINATION
I/we wish to terminate the tenancy agreement with the Director of Housing, in accordance
with the Residential Tenancies Act 1997, for the premises at:
__________________________________________________________________
I/We understand that the consent, once given, is irrevocable in accordance with s218 of the
RTA1997. As tenant/s of the above property, I/we intend to vacate the premises on:
____/____/____ (date)
at ___________ am/pm (time)
for the following reasons:
__________________________________________________________
____________________________________________________________________
My/Our forwarding address is:
Tenant: ________________________________________________
Tenant: ________________________________________________
I understand that rent will continue to be charged until all keys to the property are surrendered to
the Office of Housing. I have read and understood the vacating instructions form.
Tenant’s Signature(s): _______________________________
Date: ____/____/___
__________________________________________
OFFICE USE ONLY
Notice received (date): _____/_____/_____Keys received (date): _____/_____/_____
Key Register Reference Number: _______
Office Date Stamp
---------------------------------------------------------------------------------------------------------------------------------------TENANT’S RECEIPT – RETURN OF KEYS (GENERAL NOTICE OF TERMINATION)
Retain as proof of return of keys
Tenant’s Name:
_______________________________________Date: ____/____/____
Property Address:
____________________________________________________________________
Notice received: ______________________ Keys received:
_________________________________
Receiving Office:
____________Key Register Reference Number: ___________________
Office Date Stamp:
Issuing Officer: _________________________ OFFICE USE ONLY
Page 27
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.2 Vacating Instructions
Department of Human Services
Incorporating: Community Services and Housing
VACATING INSTRUCTIONS
The Tenancy Agreement you signed at commencement of your tenancy requires
the following to be undertaken prior to you vacating:
When preparing to vacate:
 give 28 days written notice of intention to vacate;
 ensure the property is in good repair;
 return all alterations carried out on the property to its original condition unless
there is written agreement from the Housing Office for the alteration to remain.
Otherwise you may be charged for the cost of returning the property to its
original condition; and
 ensure any garden area belonging to the property is mowed and left in a tidy
condition.
On the day you intend to vacate:

Take care to avoid damage to the property; as you will be charged for
Any damage to the premises.
 remove all rubbish and unwanted goods from the property or be prepared to be
charged for their removal;

leave the property in a reasonably clean condition;
 leave any stairs, landings and passages adjoining the premises in a reasonably
clean and tidy condition (do not leave unwanted furniture or other large items in
common areas or for domestic rubbish collection);


return all keys to your local Housing Office and sign a “Tenant’s General Notice of
Termination” form; and
notify your local Housing Office of any damage to the property.
ANYTHING NOT CONSIDERED AS FAIR WEAR AND TEAR WILL BE TREATED AS
DAMAGE AND CHARGES WILL BE INCURRED.
For information regarding the above, please contact your local office.
Page 28
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.3 Vacated Arrears Agreement
Department of Human Services
Incorporating: Community Services and Housing
VACATED ARREARS AGREEMENT
RE:Vacated Rental Account Number:____________________________________________
Vacated Tenant’s Full Name:______________________________________________
Vacated Address:______________________________________________
Suburb or Town:____________________________ P/Code: __________
Date Tenant(s) Vacated:
___________________________
I/We ______________________________________________________________________
of ____________________________________________________________
agree to pay $ _________________ per week
/ per fortnight
(New address)
/ per month
(Circle
one)
commencing
_________________
(Date of first payment)
until the amount(s) owing in my rental balance: $ ____________________ DR
other charges balance*: $ ____________________ DR are repaid in full.
I can be contacted on:
__________________________
and
(Telephone number)
I understand that failure to adhere to this agreement may result in the commencement of
legal action by the Director of Housing, and that I will be responsible for any legal costs
incurred, including solicitors’ fees.
Tenant’s Signature(s)
________________________Date:
________________________
_________________________
_____/_____/_____
_____/_____/_____
_____/_____/_____
Signature of Witness __________________________________ Date:
Name of Witness
*Note:
Page 29
_____/_____/_____
__________________________ Position: _______________________
Your other charges balance is comprised of tenant responsibility
maintenance charges and/or water charges. This balance may change if
tenant responsibility damage is identified and substantiated at the VCAT.
(This is an ISIP generated Document)
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.4 Procedural Flowchart for Terminating the Tenancy of
a Sole Tenant
OOH is informed of death of sole
tenant
Refer
Yesto Transfer of Tenancy Chapter
Are there remaining household
members who are eligible to be
given tenancy rights?
Advise household of ineligibility and
continue process
No
Identify Legal Personal Representative /
Next of Kin
If no Legal Personal Representative or
Next of Kin exist and State Trustees
are unwilling to be involved, apply to
VCAT for an order to terminate the
tenancy pursuant to s.228(2)
No
If unknown contact the Probate Office
on 9603-9296 to verify death or State
Trustees on 9667-6444 to determine
if they wish to be involved and issue
a Death Certificate
Contact or write to the Legal Personal
Representative / Next of Kin and request a
Notification of Death form to be submitted
within 5 days
Please contact
Legal Services
prior to issuing a
Notice to Vacate or
making application
to VCAT for a
termination/posses
sion order
Page 30
If no notification is received within 5 days
serve a NTV pursuant to s.228(1)(b) on the
Legal Personal Representative or Next of
Kin. If notification & vacant possession is
not offered after expiration of the notice (28
days), apply to VCAT for an Order of
Possession
Where there are occupants in the premises
that are not eligible for a transfer of
tenancy and are determined as illegal
occupants / squatters, contact Legal
Services prior to commencing legal action
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.5 Letter to Request Written Advice of Death
NB - This letter is only sent if the Next of Kin have already been informed of the death.
Department of Human Services
Incorporating: Community Services and Housing
The Estate of <insert tenant’s name> (Deceased) c/o
<insert address of Legal Personal Representative/ Next of Kin>
if known, or OOH property address>
<insert date>
To The Estate of <insert tenant’s name>,
The Office of Housing has reason to believe that <insert tenant’s name> formerly of: <insert tenant’s OOH
rental address> has recently passed away. Our records identify you as the next of kin / legal personal
representative. The Office of Housing respectfully requests your prompt co-operation to make the property
available for reletting, due to the high demand for public housing. You can assist in the following ways:
Written Notification
The OOH requests that the legal personal representative / next of kin of a deceased sole tenant provide
written notification of the death to the Office of Housing 28 days before the tenancy can be terminated. A
form entitled “Notification of Death by Legal Personal Representative or Next of Kin” is attached to this
letter to assist you. Please complete and return this form no later than 5 working days from now. If you are
unable to provide notification because you are not the legal representative of the person named above,
please inform the Housing Office immediately.
Returning Vacant Possession to the Office of Housing
The Director entered into a tenancy agreement with the late <name> on <date>. The Director understands
that <name> died on or about <date>. There are very substantial demands on the Director’s housing stock;
and, in order to meet those demands, the Director has decided that it would be appropriate to recover
possession of the premises that were the subject of the tenancy agreement with <name>.
Removal of Goods from the Property
Once written notification is received from you, the Housing Office will arrange a date with you before which
you will remove the deceased’s possessions from the rental property and return the keys to the Housing
Office. This date can be no more than 28 days after your written notification of the death is received.
If you are the legal personal representative / next of kin but are unable to remove all of the tenant’s goods
due to illness, disability or because you do not live in Victoria, you may appoint State Trustees to act on your
behalf. If this relates to you, please contact State Trustees immediately on phone: (03) 9667 6444 to
discuss your options, and notify the Housing Office of what you are planning to do, on <insert phone
number>.
Yours sincerely,
Housing Services Officer
<insert location> Housing Office
<attach Notification of Death by Legal Personal Representative or Next of Kin form>
Page 31
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.6 Notification of Death by Legal Personal
Representative or Next of Kin
Department of Human Services
Incorporating: Community Services and Housing
Notification of Death by Legal Personal Representative or Next of Kin
To: The Director of Housing, ___________________ Housing Office
(As Landlord)
At: ___________________________________________________
(Office Address)
Re. The Estate of _________________________________________
(OOH Tenant)
Take Notice that the above named tenant of the Office of Housing has recently passed
away.
They were formerly of:
__________________________________________________________
_______________________ Postcode __________
(OOH Rental Address)
And I, _________________________________ (Your Name), Date of Birth
___/___/___ (Yours) of
__________________________________________________________(Your Address)
________________________ Postcode __________ Phone:
_______________________
as legal personal representative
/ next of kin of the deceased (please circle one),
hereby authorise the termination on __________ (Date no more than 28 days from today)
of the tenancy of the above tenant.
I acknowledge that this notification is pursuant to section 228(1)(a) of the
Residential Tenancies Act 1997. I further acknowledge that any rent paid by me for the
above property is on behalf of the former tenant’s deceased estate and does not entitle me
to tenancy rights. After terminating the account, please notify me as legal personal
representative or next of kin of the deceased, of any outstanding rent and/or charges
owing on the deceased tenant’s rental account at your earliest convenience.
I declare that all information requested in this Notification of Death by Legal Personal
Representative or Next of Kin has been provided and is true and correct.
Signed: ______________________________________ Date: _________________
Page 32
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.7 Legal Personal Representative Declaration regarding
Outstanding Charges
Department of Human Services
Incorporating: Community Services and Housing
LEGAL REPRESENTATIVE DECLARATION
(Re: Outstanding Credit/Charges)
Re: The Estate of ________________________________________________ (deceased),
formerly of
____________________________________________________
___________________________________P/Code___________
(OOH rental property).
I,
_______________________________________(name of declarant / legal representative)
of
___________________________________________________
___________________________________P/Code__________
1.
(address of declarant)
I solemnly and sincerely declare that (tick one option):
( )
I am executor to the deceased estate of the above named tenant, according to their
Last Will and Testament.
OR
( )
to the best of my knowledge I am the nearest living relative of the above named
tenant and am therefore entitled to apply to the Supreme Court of Victoria for letters of
administration in relation to his/her deceased estate, pursuant to the Administration &
Probate Act (1958).
2.
Having read the Office of Housing Policy on Terminating Tenancies and
Deceased Estates on the reverse side of this form, I DECLARE that (tick the appropriate
option):
( )
I agree to accept liability to arrange, on behalf of the deceased estate and in
accordance with the above policy and procedures, the payment from the estate of all charges
owed by the tenant to the Office of Housing, in so far as there are sufficient funds in the
estate to cover them. Any outstanding credit is to be forwarded to me, as the legal
representative of the deceased estate.
OR
( )
I have investigated the deceased estate, including the tenant’s rental account, and
assessed it’s value as being less than the rubbish disposal costs incurred by the deceased
estate, therefore I request that that this charge be waived.
AND I acknowledge that this declaration is true and correct and I make it in the
belief that a person making a false declaration is liable to the penalties of perjury.
DECLARED at __________________________________________ in the state of Victoria,
on the ______ day of _________________ in the year _______.
DECLARED by
____________________________
(Full name of declarant)
Before me
____________________________
(Full name of witness)
____________________________
(Signature of declarant)
___________________________
(Signature of witness)
At ________________________________________ Position Title __________________
Page 33
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.8
Continued (reverse side)
OFFICE OF HOUSING
TERMINATING TENANCIES AND DECEASED ESTATES
Policy & Procedure Excerpts (2008)
“The
tenant/s remain responsible for payment of the rent up until
the termination date” (section 5.5.4)
“Rent
continues to be charged to the deceased estate in accordance
with the rebated rent entitlement at the time of death, until the
tenancy is terminated” (section 5.6.5)
“It
is the responsibility of the Legal Personal Representative of the
deceased to arrange removal of all goods from the property before
returning the keys. Goods left behind in the property are treated as
abandoned goods. If the OOH incurs costs for rubbish disposal
these are charged to the deceased estate by way of a Maintenance
Claim Against the Tenant (MCAT). The MCAT is deactivated in the
event that there are insufficient funds in the estate to cover the
charge” (section 5.6.4)
If terminating the tenancy of a deceased tenant results in a credit
balance, advise the Legal Personal Representative that this money
will be refunded once the account has been finalised by Revenue &
Accounts Receivable, Vacated Tenants Section.
(section 5.8.8)
Page 34
Terminating Tenancies & Deceased Estates: Version 4.1 September 2009
5.9.9 Referral to State Trustees
Department of Human Services
Incorporating: Community Services and Housing
REFERRAL TO STATE TRUSTEES Ltd.
To:
The Manager, Deceased Estate Administration
State Trustees Limited
168 Exhibition Street
MELBOURNE
3000
The Office of Housing has reason to believe that the tenant named below is recently
deceased:
Tenant’s Name:
______________________________Date of Birth: ______________
Rented Premises At:
____________________________________________________________
_____________________________________ P/Code: ______________
It is a condition of the Residential Tenancies Act (1997) that the Landlord must receive
written notification of the death of a tenant from the legal personal representative
before terminating the tenancy. As Landlord of the above premises the Director of
Housing requests your assistance because no legal personal representative has been
identified.
At your earliest convenience, please provide: (Housing Officer to indicate assistance
required
with a ())
(
) written advice to the Housing Office that State Trustees will be acting as the legal
personal representative of the deceased tenant named above
(
) an inspection and removal of the deceased’s goods from the above rental premises
Please contact the following Housing Office to discuss the matter further:
Housing Office:
________________________________________________________________________
Postal Address:
Contact Person:
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______________________________P/Code: _____________
______________________Ph: ________________________
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5.9.10 Notice to Vacate to Legal Personal Representative or
Next of Kin
FORM 3
Residential Tenancies Act 1997
(Section 319)
RESIDENTIAL TENANCIES REGULATIONS 1998
(Regulation 8)
NOTICE TO VACATE TO TENANT OF RENTED PREMISES
1.
This notice is given to (insert LPR or Next of Kin name): **
2.
Regarding the rented premises at:
(insert address of rented premises)
3.
Your address is:
(if same as address in 2, write "as above")
4.
**
**
I am giving you this notice as
[x] the landlord
[ ] the owner
[ ] the mortgagee
(mark one only)
5.
Landlord's/owner's/mortgagee's name: DIRECTOR OF HOUSING
6. Landlord’s or owner’s or mortgagee’s addresses for serving
documents (can be an agent's):
7.
** HOUSING OFFICE
** (details of address)
Contact telephone numbers for landlord/owner/mortgagee:
8.
I require you to vacate on or before (insert date): 4pm on
postage*>
(TERMINATION DATE)
9.
**
<*28 days plus 3 days
Reason for notice to vacate:
(Insert the reason for the notice to vacate, if a reason is required by the Act)
The deceased’s tenancy will terminate at the expiration of 28 days after the Landlord
has served this notice to
vacate on the
Legal Personal Representative or Next of Kin of the deceased, pursuant to section 228
(1)(b) of the Residential Tenancies Act 1997.
10.
This notice is given:
*By hand
*By registered post
(*delete whichever is inapplicable)
On this date
<****>
11. Signature:
12.
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………………………………………………………
For and on behalf of the Director of Housing
Name of agent (if an agent is serving the notice): Not applicable
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** complete these details
5.9.11 General application to VCAT if unable to serve Notice
to Vacate (example)
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5.9.12 Application to VCAT where Legal Personal Rep
refuses to leave (example)
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