RAY v ZOVI and Another

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RAY v ZOVI and Another Supreme Court of VictoriaFinanzio J 27 April, 4 May 2026[2026] VSC 258Landlord and tenant — Residential tenancy — Subtenancy — Recovery of possession — Rental providers’ application for possession of rented premises — Premises subject to subtenancy — Renter served with notice to vacate — No notice to vacate served on subtenants — Subtenants notified of proceeding — Order for possession granted on basis of notice — Whether jurisdiction to make order for possession against subtenants properly invoked — Residential Tenancies Act 1997 (Vic), ss 91R, 91ZZB, 91ZZJ, 334.

Section 91ZZB(1) of the Residential Tenancies Act 1997 (Vic) (RTA) permitted a residential rental provider to give a renter a notice to vacate rented premises on specified grounds. Section 334 provided that a relevant residential rental agreement terminated at the end of the day before the day on which possession of the rented premises was delivered up to the rental provider. Where rented premises were subject to a subtenancy, s 91R of the RTA provided that a subtenant became the ‘renter’ upon termination of the head tenant’s rental agreement. Section 91ZZJ(1)(a) permitted the rental provider under the head tenant’s rental agreement to give a subtenant a notice to vacate in instances including under s 91ZZB.

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