Providing a correct Statutory Declaration

A Statutory Declaration is a legal document which must be accompanied with certain Notices of Termination.

The Statutory Declaration must be served with Notices of Termination where a landlord:

  • intends to sell the dwelling; 
  • intends to move back in or move a family member into the dwelling; or
  • intends to change the use of the dwelling. 

The Statutory Declaration must be sworn by the landlord themselves - the person with the actual intent. An agent cannot swear of their intent to sell a property which they do not own.

The original copy of the Statutory Declaration must be provided with the Notice of Termination, not a copy. 

The original Statutory Declaration must be served at the same time as the Notice of Termination - serving it at a later date will invalidate the notice in full.