Calculating Notice Period Victoria — Postal Buffer and Counting Days

Date miscalculation is one of the most common reasons VCAT throws out a notice to vacate. The rules for counting notice days in Victoria are not complicated, but they have specific quirks around postal delivery and day exclusions that trip landlords up repeatedly.

The Basic Rule: Exclude the Service Day

Under section 44 of the Interpretation of Legislation Act 1984, the day on which the notice is served does not count as part of the notice period. Day one of the notice period begins on the day after service is completed.

If you hand-deliver a 14-day rent arrears notice on Monday 4 May, the count starts on Tuesday 5 May. The 14-day period runs from 5 May through 18 May, and the earliest valid termination date is Tuesday 19 May.

Postal Buffer: The Extra Days for Registered Post

When you serve a notice by registered post, the notice period does not start on the day you post it. It starts after a postal transit allowance — the time Australia Post needs to deliver the letter.

The standard allowance is two to six business days (excluding weekends and public holidays), depending on Australia Post's delivery schedules. Most landlords use four business days as a practical working figure for metropolitan delivery.

Here is how the calculation works for a 14-day rent arrears notice sent by registered post on Monday 4 May:

1. Post date: Monday 4 May
2. Postal buffer: 4 business days → deemed received Friday 8 May
3. Notice period starts: Saturday 9 May (day after deemed receipt)
4. 14-day count: 9 May through 22 May
5. Earliest termination date: Saturday 23 May

For a 90-day no-fault notice (such as owner move-in or property sale) sent by registered post on Monday 1 June:

1. Post date: Monday 1 June
2. Postal buffer: 4 business days → deemed received Friday 5 June
3. Notice period starts: Saturday 6 June
4. 90-day count: 6 June through 3 September
5. Earliest termination date: Friday 4 September

Email Service: No Buffer, but Conditions Apply

If the renter has previously given written consent to receive legal notices by email, you can serve the notice electronically. Email service is treated as same-day delivery — no postal buffer applies. The notice period starts the day after you send the email.

The written consent requirement is non-negotiable. Sending a notice by email to a renter who has not signed a specific electronic service consent makes the entire notice invalid, regardless of whether they actually read it.

Common Calculation Errors

Counting the service day: If you include the day of service in your count, your termination date will be one day too early. That one day makes the notice invalid.

Ignoring the postal buffer: Posting a notice by registered mail and calculating as if the renter received it the same day will shorten the effective notice period. The notice will not have run long enough by the termination date you specified.

Using ordinary post: Only registered post counts as valid postal service. Ordinary mail, priority post, or untracked delivery is not a lawful service method under section 506 of the RTA.

Forgetting weekends and public holidays in the postal buffer: The postal transit allowance counts business days, not calendar days. A notice posted on a Thursday before a long weekend needs extra time.

Why This Matters at VCAT

If a renter challenges your notice at VCAT and the termination date is even one day short, the tribunal will declare the notice invalid. You then have to serve a completely new notice and wait through the full notice period again. For a 90-day notice sent by registered post, a date calculation error costs you over three months.

The Ending a Tenancy in Victoria guide includes a date calculation worksheet that walks through the service method, postal buffer, and notice period step by step, so you can confirm the correct termination date before you print and send.

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