Advice is general in nature, consult a legal practitioner for your specific circumstances.

Moving out

You still have all your usual rights around vacating a property. But under the emergency laws, in certain circumstances, you now have the right to give the landlord a 14-day notice of intention to vacate. Also find answers to frequently asked questions such as: Can you move house? Who can help you move? Can you help a friend move?

Can I move house during second step restrictions?

Yes. You can move house.

Can I move house during third step restrictions?

Yes. You can move house.

Can I move from metropolitan Melbourne to regional Victoria?

Yes. You can move to regional Victoria if necessary. You should take steps to stay safe including wearing a face mask and maintaining at least 1.5 metres between yourself and others.

Can I move house from regional Victoria to Melbourne?

Yes. You can move to Melbourne, but you must comply with all restrictions for metropolitan Melbourne.

See our frequently asked questions below for more information on moving during restrictions.

Moving out

Tenants have all their regular rights under the Residential Tenancies Act 1997 to give a notice of intention to vacate (see: when you want to leave). For example, if you have a month-to-month (periodic) lease, you only need to give 28 days’ notice of your intention to vacate, and you do not need to provide any reason for vacating.

With the temporary law changes from 29 March 2020, you also have the right to give a notice of intention to vacate with a reduced notice period of not less than 14 days for these reasons:

  • you need special care
  • you have received and accepted an offer of public housing or housing from a registered housing agency
  • you need to move into temporary crisis accommodation
  • you live in special disability accommodation and the landlord’s registration to provide this accommodation has been revoked.

The new laws add two more reasons allowing a reduced notice period of not less than 14 days to end your lease:

  • you are suffering severe hardship
    for example: severe hardship due to family violence/personal violence or severe financial hardship, or
  • the landlord has made an application to VCAT to terminate the tenancy.

You can give more than 14 days’ notice, but you must not give less than 14 days.

It does not matter if your tenancy is periodic or a fixed-term tenancy. These options are open to all tenants.

Even though you have the right to leave early if the landlord applies for a termination order, it’s important to note you are not required to move out. VCAT must consider if making an order to terminate the tenancy is reasonable and proportionate.

Moving FAQ's

Can I move house during second step restrictions?

Yes.

Can I move house during third step restrictions?

Yes.

Can I move from Melbourne to regional Victoria?

Yes. You should take steps to stay safe including wearing a face mask and maintaining at least 1.5 metres between yourself and others.

Can I move from regional Victoria to Melbourne?

Yes. You can move to Melbourne, but you must comply with all restrictions for metropolitan Melbourne.

See our frequently asked questions below for more information on moving during restrictions.

Can I move to a home more than 25km from my current home?

Yes.  And you can move from a restricted to non-restricted area.

Can I inspect a property more than 25km from my home?

Yes.  But if you if you live in a restricted area you cannot inspect a property in a non-restricted area.

Can I go from regional Victoria to Melbourne to view a property?

No.

Can friends or family help me move during second step restrictions?

Friends and family can only assist you to move house if they live with you or if care and support is required due to age, health issues or disability.

Can friends and family help me move during third step restrictions?

Yes. Members of your household or one other friend or family member can help you move.

Can someone help me move from Melbourne to regional Victoria?

Yes, but for care and compassionate reasons only. This means you can assist someone in another household to move house where care and support is required due to age, infirmity, disability, or their health.

This should be restricted to one person (or as few as possible).

If I’m moving during second step restrictions, can I hire a cleaner?

Yes, but only if you require a cleaner due to disability, impairment or as a result of your tenancy agreement.

Can I rent a vehicle to help me move house?

Yes. The rental should only be for the time required to complete your move.

Can I hire a removalist?

Yes.

Resources

Applying to VCAT to reduce a lease
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