› Validity of notice — termination date coinciding with end of fixed term lease — s 91ZZI(1)(b) Residential Tenancies Act 1997 (Vic)
Residential Tenancies
› Service of Documents
› Electronic communication — inferred consent — s 506(3)(ba) Residential Tenancies Act 1997 (Vic) — Electronic Transactions (Victoria) Act 2000
Practice and Procedure
› Appeals
› Leave to appeal from VCAT — extension of time — s 148 Victorian Civil and Administrative Tribunal Act 1998 (Vic) — real prospect of success
Administrative Law
› Jurisdictional Fact
› Validity of notice to vacate as precondition to Tribunal jurisdiction — possession order
Quick Take
1A termination date in a notice to vacate that specifies the same calendar day as the end date of a fixed term residential rental agreement is not 'earlier than the end of the term' within the meaning of s 91ZZI(1)(b) of the Residential Tenancies Act 1997 (Vic); the end of the term means the last moment of the end date, and the termination date is coextensive with that day.
2Whether a valid notice to vacate has been given is a jurisdictional fact conditioning VCAT's power to make a possession order under s 322(1) of the RT Act, such that the question may warrant leave to appeal even where the ground was not raised below.
3A challenge to the Tribunal's finding that a renter consented to service of a notice to vacate by email, where the Tribunal correctly identified and applied the legal test under s 506(3)(ba) of the RT Act and s 8(1) of the Electronic Transactions (Victoria) Act 2000, is in substance a challenge to a finding of fact and not an appealable error of law under s 148 of the VCAT Act.
