Issuing a Notice to Vacate is a fundamental responsibility for property managers, but even minor errors can have serious consequences. In the landmark case Smith v Director of Housing [2005], the Victorian Supreme Court ruled that a defective notice led to the dismissal of an eviction case. This decision has since influenced how VCAT handles not just Notices to Vacate, but also Notices of Entry and Rent Increases under the Residential Tenancies Act.

In this blog post, we explore the critical lessons property managers need to learn from this case—highlighting why accuracy and strict compliance with the RTA are essential. Don’t let a minor error cost you big in VCAT.

In today’s ever-changing real estate landscape, property management has become more complex than ever. Legal compliance, legislative changes, and owner expectations add immense pressure on property managers. Seeing these challenges firsthand, Andrew Nguyen and Robert Gallo founded Castellan Consulting—a consultancy designed to simplify the complexities of property management. With over 30 years of combined experience, they aim to provide expert guidance on the Residential Tenancies Act (RTA), VCAT proceedings, and more, empowering property managers to thrive with confidence and expertise.