Renovation NTV Strikes Again!
Piacente v Ward (Residential Tenancies) [2025] VCAT 889
Decision date: 2 October 2025
Key issue: Whether a notice to vacate issued for renovations under section 91ZX of the Residential Tenancies Act 1997 (Vic) is valid without a building permit.
Full Case: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2025/889.html
The Background
Angela and Nick Piacente (the residential rental providers) issued a notice to vacate to their renter, Troy Ward, on 30 June 2025. The notice cited section 91ZX of the Residential Tenancies Act (“RTA”), stating the premises needed to be vacated for a full bathroom renovation following a flooding incident.
The notice was accompanied by photographs and a quotation from a trades company, Esteem Group, outlining works such as replacing all bathroom fixtures and fittings. However, no building permit accompanied the notice.
When the renter failed to vacate, the rental providers applied to VCAT for a possession order.
The Tribunal’s Consideration
VCAT Member D Buljan examined whether the notice to vacate met the strict requirements of section 91ZZO(e) of the RTA, which states that certain notices must be accompanied by documentary evidence approved by the Director of Consumer Affairs Victoria (CAV).
Under CAV’s published list of approved documents, the required evidence for a notice to vacate under section 91ZX is:
For repairs: photos and a quote; or
For renovations: a building permit.
Relying on Lazar v Zhang [2024] VCAT 589 and Raymond v Empire Street Corporation Pty Ltd [2024] VCAT 932, the Tribunal reaffirmed that:
“It is a mandatory requirement that a notice to vacate for renovation be accompanied by a building permit. Without one, the notice is invalid.”
The Tribunal found the proposed works were renovations (not repairs) because they involved replacing bathroom fixtures and fittings rather than fixing defective items. Since no building permit was provided, the notice did not comply with section 91ZZO(e).
The Outcome
VCAT ruled that the notice to vacate was invalid and of no effect. As a result, the application for possession was struck out.
Key Takeaways for Property Managers
A building permit must accompany any notice to vacate issued under section 91ZX for renovations.
If the works are repairs, the notice must include photographic evidence and a trade quote.
Failing to attach the correct documentary evidence will make the notice invalid, and the Tribunal will have no power to grant possession.
Recent cases (Lazar v Zhang and Raymond v Empire Street Corporation) continue to guide VCAT’s approach to these matters.
