Statutory Declaration for a Notice to Vacate in Victoria

Certain grounds for ending a tenancy in Victoria require a statutory declaration to be attached to the notice to vacate. Without it, the notice is invalid — full stop. VCAT has been clear on this point through multiple tribunal decisions, and getting the statutory declaration wrong is one of the most reliable ways to have your notice thrown out.

Which Grounds Require a Statutory Declaration

Not every notice to vacate needs one. The requirement applies to no-fault property-use grounds where the law needs assurance that the landlord's stated reason is genuine:

Owner or family move-in (s 91ZZA): You must attach a formally witnessed statutory declaration that states:

• The full legal name of the person who will occupy the property
• Their relationship to you (spouse, partner, child, parent, partner's parent, or dependent relative)
• Whether they are a financial dependent
• An acknowledgement that you understand the six-month re-letting restriction — you cannot re-let the property to anyone else as a residence for six months from the notice date without VCAT approval

Business change of use (s 91ZZ): A statutory declaration setting out the intended business use, accompanied by a planning permit or approval.

Fault-based notices (rent arrears, damage, threats) do not require statutory declarations, though they have their own evidence requirements.

How the Statutory Declaration Must Be Prepared

A statutory declaration under Victorian law must be:

• In writing, following the prescribed format
• Signed by the person making the declaration (the residential rental provider)
• Witnessed by an authorised witness under Victorian legislation

An unwitnessed statutory declaration is not valid. A declaration witnessed by a friend, neighbour, or family member who is not an authorised witness category is also not valid.

The Name Must Appear in the Notice Itself

VCAT's decision in Geagea v Cionco [2025] VCAT 129 established a requirement that catches many landlords off guard. The specific legal name of the family member moving in must appear in the text of the notice to vacate itself — not just in the attached statutory declaration. If the Form RT3 notice is left blank or generic on the occupant's identity, and the name only appears in the attached declaration, the notice is invalid under section 91ZZO(d).

This means you need to fill in the occupant's name in the factual reasons section of Form RT3, then attach the statutory declaration as supporting evidence. The declaration supplements the notice; it does not replace the information the notice must contain.

Corporate Landlords Cannot Use Section 91ZZA

Another VCAT decision, Myers v Tank Building Pty Ltd [2023] VCAT 552, confirmed that a company, private trust, or Pty Ltd entity cannot issue a notice to vacate under section 91ZZA. That section applies only to natural persons. A company director cannot claim their family member needs to move in when the property is owned by a corporate entity.

If your investment property is held through a company or trust structure, the owner move-in ground is not available to you. You would need to rely on a different lawful ground.

What Happens if the Declaration Is Defective

VCAT treats a missing or defective statutory declaration the same way it treats any other section 91ZZO failure — the notice is void. There is no opportunity to provide a corrected declaration after service. You must prepare a new notice with a proper statutory declaration and serve it fresh, restarting the 90-day notice period.

The Ending a Tenancy in Victoria guide includes the full requirements for each ground's evidence, including exactly what a statutory declaration must contain and how to get it witnessed before you serve.

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