The renter's challenge to the validity of a notice to vacate issued under s 91ZZA of the Residential Tenancies Act 1997 (Vic) was dismissed, with the Tribunal declaring the notice valid. The Tribunal held that a notice to vacate complying with the prescribed form, content and service requirements under ss 91ZZA and 91ZZO — including an accompanying statutory declaration meeting the Director's requirements — is valid on its face, and that a renter challenging validity bears the burden of proof and cannot compel the rental provider to produce financial or other documents to disprove the stated grounds. Applying Mazi v Kao (No 2) [2025] VSC 598, the Tribunal found it lacked power to grant standalone declaratory relief under s 452 regarding the invalidity of a notice to vacate, as an invalid notice does not constitute a 'dispute' or 'breach' within the meaning of that section. Challenges to the genuineness of the grounds stated in a notice to vacate are more properly raised at the possession hearing, where the Tribunal assesses whether a possession order is reasonable and proportionate.
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