Caravan parks A guide for residents, owners and managers - consumer.vic.gov.au - Consumer Affairs Victoria
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Caravan parks
A guide for residents,
owners and managers
consumer.vic.gov.au
Caravan parks: A guide for residents, owners and managers
New renting laws
In September 2018, the Victorian To view all the changes, visit
Government passed the Residential engage.vic.gov.au/fairersaferhousing.
Tenancies Amendment Act 2018, which
For updates, visit consumer.vic.gov.au.
includes more than 130 changes to the
Residential Tenancies Act 1997. Or follow us on:
The new laws will come into effect Facebook: @consumeraffairsvictoria
progressively, and will all be in place Twitter: @consumervic
by 1 July 2020.
Disclaimer
Because this publication avoids the use of
Unless indicated otherwise, content in
legal language, information about the law may
this publication is provided under a Creative
have been expressed in general statements.
Commons Attribution 3.0 Australia Licence.
This guide should not be relied upon as a
To view a copy of this licence, visit
substitute for the Residential Tenancies Act
creativecommons.org/licenses/by/3.0/au
1997 or professional legal advice.
It is a condition of the Creative Commons
Authorised and published Attribution 3.0 Licence that you must give
by the Victorian Government credit to the original author who is the
1 Treasury Place, Melbourne State of Victoria.
May 2019 Caravan parks: A guide for residents, owners
ISBN: 978 1 921079 72 6 and managers is the summary approved by
the Director of Consumer Affairs Victoria of the
rights and duties of a park owner and resident
under the Residential Tenancies Act 1997. Park
operators must give the resident this guide on
or before the day they move in.
If you would like to receive this publication
in an accessible format please visit
consumer.vic.gov.au or ring 1300 55 81 81.
Additional copies
Additional copies of this guide are available from Consumer Affairs Victoria’s website
consumer.vic.gov.au/forms.
To order more than five copies download an order form from consumer.vic.gov.au/forms.
Information about renting is available in other languages at consumer.vic.gov.au/languages.
If you have difficulty understanding English, contact the Translating and Interpreting
Service (TIS) on 131 450 and ask to speak to Consumer Affairs Victoria on 1300 55 81 81.
2
Caravan parks: A guide for residents, owners and managers
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 4 When a caravan park is closing . . . . . 26
Who is this guide for? . . . . . . . . . . . . . . . . . 5 Confused about a
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ‘Notice to Vacate’?. . . . . . . . . . . . . . . . . . . 28
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Violent situations . . . . . . . . . . . . . . . . . . . . 28
Privacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Reasons and minimum notice
Checklist for residents . . . . . . . . . . . . . . . . 6 periods when a resident gets
a ‘Notice to Vacate’ . . . . . . . . . . . . . . . . . .30
Checklist for owners . . . . . . . . . . . . . . . . . . 8
Reasons a resident can
Part 1: Beginning a residency . . . . . . . 10 challenge a ‘Notice to Vacate’ . . . . . . . 32
The residency agreement . . . . . . . . . . . . 11 When a resident wants to leave . . . . . 32
Rent in advance . . . . . . . . . . . . . . . . . . . . . 12 When a mortgagee wants
Contact details . . . . . . . . . . . . . . . . . . . . . . 12 a resident to leave . . . . . . . . . . . . . . . . . . .34
The bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Calculating minimum
‘Condition Report’ . . . . . . . . . . . . . . . . . . . 14 notice periods . . . . . . . . . . . . . . . . . . . . . . .34
Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Evicting a resident. . . . . . . . . . . . . . . . . . . 35
Part 2: Living in a caravan park . . . . . 16 Part 4: When a resident leaves . . . . . . 36
Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Repaying the bond . . . . . . . . . . . . . . . . . . 37
The importance of communication . . . 18 When a resident cannot be
located and rent is owing . . . . . . . . . . . . 38
Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Final meter readings . . . . . . . . . . . . . . . . 38
Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Goods left behind. . . . . . . . . . . . . . . . . . . . 39
Rules on entering a caravan. . . . . . . . . 21
If a person does the wrong thing . . . . 23 Part 5: Solving problems . . . . . . . . . . . . 42
When the park owner changes . . . . . . 23 What to do if there is a problem . . . . . 43
Consumer Affairs Victoria . . . . . . . . . . . 43
Part 3: Ending a residency . . . . . . . . . . 24
Dispute Settlement Centre
Ways to end a residency. . . . . . . . . . . . . 25
of Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Agreement of all parties . . . . . . . . . . . . . 25
Victoria Civil and
How to give notice . . . . . . . . . . . . . . . . . . . 25
Administrative Tribunal . . . . . . . . . . . . .44
When a resident receives
a ‘Notice to Vacate’ . . . . . . . . . . . . . . . . . . 25 Useful contacts . . . . . . . . . . . . . . . . . . . . . 45
3
Introduction 4
Introduction
Who is this guide for? Caravan park owner or park owner:
the owner of a business that operates
This guide explains what caravan
a caravan park. In this guide, this
park owners, caravan owners and
term also applies to caravan park
residents must do to follow Victoria’s
managers and agents acting for
residential tenancy laws. Most of these
caravan park owners.
laws are in the Residential Tenancies
Act 1997 (the Act). Caravan owner: the owner of a
caravan (but not the site on which
This guide covers situations where
it is located).
people hire or own the caravans they
live in. It also covers residents who Owner: this term is used when
rent movable dwellings and other information applies to both park
types of dwellings in a caravan park, owners and caravan owners,
residential park, or other park. otherwise the specific terms are used.
Caravan park resident or resident:
People who own a someone living in a caravan in a
movable dwelling that caravan park, when they have:
cannot be registered
• obtained written permission from
with VicRoads are not
the caravan park owner to live at
covered by this guide.
the caravan park, or
They should read Movable
dwellings: A guide for residents, • lived in the caravan park for at
owners and managers, available least 60 days without a break.
from consumer.vic.gov.au/forms. Someone is not a resident if they:
• are staying in a caravan while
This guide should not be used as a on holiday
substitute for the Act or professional • own a caravan in a caravan
legal advice. park but live somewhere else
• have not obtained the written
Definitions agreement of the caravan park
Caravan: a movable or immovable owner to live in the park as their
dwelling located in a caravan park. main place of residence, or
• have not lived in the caravan park
Caravan park: an area of land where as their main place of residence for
caravans are located for occupation at least 60 days without a break.
on payment of rent.
Site: the land on which a caravan sits.
5
Caravan parks: A guide for residents, owners and managers
Penalties Checklist for residents
Consumer Affairs Victoria can take Before signing a residency agreement:
action against people who do not • never sign a blank or incomplete
meet their legal obligations. This may form or agreement
include issuing an infringement notice, • make sure that all terms arranged
taking people to court, or other action. with the owner are in the written
agreement
Privacy • check that the park owner has
There are clear laws about when an given you a copy of the park rules
owner can enter a caravan or site. • read this guide. The park owner
These are discussed on page 21. must give you a copy on or before
the day you move into the park
If a resident gives personal
• think about getting legal or
information to an owner (such as a
financial advice so you understand
phone number or date of birth), the
the proposed arrangement and
owner may be bound by privacy laws
whether it is the right option for you.
restricting this information being
passed on to third parties. When you begin a residency:
• pay rent in advance as specified
Residents who think • if applicable:
their information is – pay the bond
being misused should – complete, sign and keep a copy
contact: of the ‘Bond Lodgement’ form,
Consumer Affairs which is the interim receipt
Victoria – get a receipt from the Residential
Tenancies Bond Authority (RTBA)
1300 55 81 81 or
– complete, sign and keep a copy
Office of the Australian of the ‘Condition Report’.
Information Commissioner
oaic.gov.au
1300 363 992
6
Introduction
During a residency: At the end of a residency:
• use the site as a place to live • take your belongings with you
• use the site, park and facilities • take your caravan (if you own it)
properly and ensure your visitors with you if you have not arranged
do the same to sell it
• do not use the site for any • if applicable:
illegal purpose – keep the ‘Condition Report’
• pay rent and other charges on time in case there are any disputes
• tell the park owner about – complete and sign the ‘Bond
any damage to park facilities Claim’ form, stating how the
• speak with the owner first before bond money is to be divided
trying to fix any problem – keep a copy of the ‘Bond
• make sure there are never more Claim’ form
people living on the site than the – check the bond money has been
agreement allows credited to the nominated bank
• the park owner must give you account by the RTBA
at least seven days’ written notice – leave a forwarding address with
of any proposed changes to the the owner and the RTBA on the
park rules ‘Bond Claim’ form.
• follow the park rules.
7Caravan parks: A guide for residents, owners and managers
Checklist for owners When a residency starts:
Before a residency commences, • complete and sign the ‘Condition
the park owner must give the Report’ (only required if the
resident a copy of: resident pays a bond), making
comments in the space provided
• this guide
• complete and sign the ‘Bond
• the park rules
Lodgement’ form and give the
• a ‘Notice to Prospective
resident their copy
Caravan Park Residents’ form.
• keep a copy of the ‘Bond
On or before the day the site is Lodgement’ form
occupied, the owner must give the • forward bond money and
resident a statement setting out the: the RTBA’s copy of the ‘Bond
• scale of additional rent and hiring Lodgement’ form to the RTBA
charges for visitors • file the RTBA receipt when you
• fees a park owner may charge for receive it
storage or removal of a caravan • provide contact details for paying
• scale of commission that applies rent and requesting repairs.
to the sale of a caravan by the
park owner.
8Introduction
During a residency, a park At the end of a residency:
owner must: • keep the ‘Condition Report’
• provide rent receipts (if there is one) in case of
• let the resident use the park any disputes
and all other facilities their • know what to do if a resident
residency allows leaves property behind
• set reasonable hours for use • if there was a bond:
of other facilities – reach agreement with the
• respect a resident’s right resident on any claims on
to privacy, peace and quiet the bond money
• keep the park clean and safe – complete, sign and keep a
• arrange regular garbage collection copy of the ‘Bond Claim’ form
• keep all park facilities (including – send the ‘Bond Claim’ form
hired caravans) in good condition to the RTBA.
• make sure repairs or renovations
disturb occupants as little as
possible, and provide other facilities
for them to use during this time.
9PART 1:
Beginning a residency
10Part 1: Beginning a residency
The residency agreement Owners must not ask for payments
that are not part of the agreement.
A residency agreement (also referred
to as an ‘agreement’ in this guide) is An agreement may include other
a legal contract between a caravan relevant terms and conditions as long
park owner and a resident. It may as they are lawful. These may include
be in writing or verbal. A verbal the length of time the resident will rent
agreement to reside on a site only a caravan, and other conditions or
confers residency rights or the status rules, such as those covering:
of a resident after the resident
• vehicle access
has lived in the park continuously
for 60 days. Consumer Affairs A park owner (but not a caravan
Victoria recommends using written owner) can charge a reasonable
agreements. one-off fee for giving a resident
a key to enable vehicle access to
The residency agreement generally the park.
covers the rent of a site and the hire
of a caravan, but there are sometimes • visitors
separate agreements for these two An owner may charge a resident
things. a reasonable additional amount
if the resident has a visitor staying
with them.
An agreement should:
• include details of
the rent, fees and
other charges to
be paid (for example, fees for
having visitors stay over)
• include how payments are
calculated, their purpose and
how they may be changed or
reviewed
• provide details of any
commission a park owner may
charge for selling a caravan.
11Caravan parks: A guide for residents, owners and managers
Rent in advance
What if a resident
Rent is the money charged for
believes a term in an
occupying a caravan or site in a park.
agreement is harsh
or unfair? Residents often pay one rent that
Potential residents covers both the site and the caravan.
should carefully read and If the payments are separate, the:
understand an agreement
before they sign it, as it may be • park owner cannot charge more
difficult to change the terms than 14 days’ rent in advance for
afterwards. If they have difficulty renting out the site
understanding an agreement, • caravan owner cannot charge more
they should seek legal or other than 28 days’ rent in advance for
professional advice. hiring out the caravan.
If a resident signs an agreement The resident must continue to pay
and believes it contains unfair the rent when it is due. The person
terms, they should first speak receiving the rent must give the
with the owner to try to resolve resident a receipt. See ‘Receipts for
the matter. If there is no rent or hire charge’ on page 17 for
resolution, the resident may: details.
• contact Consumer Affairs
Victoria for more information Contact details
about their rights
Park owner’s contact details
• apply to the Victorian Civil
and Administrative Tribunal Within seven days of a person
(VCAT), which will hear the becoming a resident, a park owner
matter and make a ruling for (or their agent) must give the resident:
the owner to amend or remove • their full name and address
the term, or keep it as it is.
• a telephone number (for
urgent repairs).
If any contact details change during
the period of the residency, the park
owner must inform the resident in
writing within seven days.
An agent must also advise the
resident if the agent is authorised
to carry out urgent repairs and, if
so, the maximum amount the agent
can authorise.
12Part 1: Beginning a residency
Resident’s contact details The ‘Bond Lodgement’ form
A resident should advise the park If an owner receives a bond, they must
owner immediately if their contact give the resident a completed and
details change during the course signed official ‘Bond Lodgement’ form
of the residency. for them to sign.
The top sheet must be sent to
The bond the Residential Tenancies Bond
The bond is money the resident pays Authority (RTBA).
as security. An owner does not have The bottom copy is the ‘Tenant’ copy,
to charge a bond, but, if they do, there which the resident must be given as
are procedures all parties must follow. an interim receipt. There is another
A resident who hires a caravan copy for the owner.
separately to the site may have to pay The owner must send the bond
two bonds: one each to the park owner and the top sheet to the RTBA within
and the caravan owner. 10 business days of receiving the
The bond for each cannot be more bond. Payment must be made by
than 28 days’ rent or hire charge. cheque or money order payable
to the ‘Residential Tenancies Bond
Authority’. The RTBA postal details
A park owner cannot are on page 45 of this guide and on
ask for a bond unless the ‘Bond Lodgement’ form.
there is already a
written residency If a bond is required, an owner may be
agreement, and may penalised for not giving the resident a
be penalised for breaking ‘Bond Lodgement’ form to fill out.
this law.
‘Bond Lodgement’
An owner may claim part or all of forms can be
the bond if a resident leaves without generated on the
paying some of the rent, or damages RTBA Online website:
a caravan, site or park facilities. They rentalbonds.vic.gov.au
may also claim compensation from
Official forms mentioned in
the resident if the bond does not cover
this guide are available from
all their losses.
Consumer Affairs Victoria:
In all other cases, the bond must be consumer.vic.gov.au/forms
returned to the resident.
1300 55 81 81
13Caravan parks: A guide for residents, owners and managers
Bonds from the Department ‘Condition Report’
of Health and Human Services
In cases where a bond has been paid,
Residents on low incomes who the park owner or caravan owner
can afford to rent privately, but must prepare a ‘Condition Report’.
are struggling to pay the up-front The ‘Condition Report’ describes a
costs, may be eligible for a bond loan hired caravan’s state of repair and
from the Department of Health and general condition, including fittings
Human Services. and fixtures.
For more information, residents should Consumer Affairs Victoria has a
contact the Department of Health ‘Condition Report’ form that can
and Human Services (see page 46 be used.
for Department of Health and Human
The ‘Condition Report’ may serve as
Services contact details).
evidence if there is a future dispute
about who should pay for cleaning,
damage or replacing missing items.
Tips:
• Consumer
Affairs Victoria
recommends using
a ‘Condition Report’
form even if no bond
has been paid.
• People may take photos of a
site or caravan, as proof of
their condition.
14Part 1: Beginning a residency
The owner must give two signed Utilities
copies of the ‘Condition Report’ to
Park owners must pay the installation
the resident before they move in.
and initial connection costs to a
The resident should check the report site for electricity, gas, bottled gas
and note any items they believe are or water.
damaged or unsafe. They must then
The resident must pay for the supply
sign both copies and return one to the
and usage of bottled gas.
owner within three business days of
moving in. Residents should keep their If the site has separate meters, the
copy of the ‘Condition Report’. resident must also pay the supply and
usage charges for electricity, gas and
An owner may claim some or all of
water. If the park owner pays the bill
the bond for cleaning, damage or
and then charges the resident, they
replacement of missing items at
cannot charge more than what the
the end of a residency agreement.
utility supplier would have charged
If the ‘Condition Report’ stated that
the resident.
the work needed to be done at the
start of the residency agreement, If a site does not have separate
or the details were not listed, it can meters, the park owner must pay
help prove that the bond should be for the services.
returned to the resident.
Residents should tell owners about
any faults that may be a safety risk,
so these can be fixed. If the problem
is not fixed, residents can take further
action. See the section on ‘Repairs’
on page 19.
15PART 2:
Living in a caravan park
16Part 2: Living in a caravan park
Rent Receipts for rent or hire charge
Residents must pay the rent as The person who receives the rent
agreed and by the due date. or hire fee must give the resident a:
In most cases, rent is paid in advance. • receipt immediately (if the rent
If the first rent is not paid or is late, the is paid in person)
resident is immediately behind. • receipt within five business days
(if the rent is not paid in person but
If a resident’s rent is seven days or
the resident requests a receipt)
more behind, the owner may give
them a ‘Notice to Vacate to Resident/s • copy of the record within five
of a Caravan Park’. business days (if the rent is paid
and a receipt is not requested, the
A person must not take a resident’s owner must keep a record of the
belongings to cover rent owing, and payment for 12 months).
can be fined for doing so.
A rent receipt must include:
If a park owner stops providing a
service to the resident, the rent must • the signature of the person
be reduced to an agreed amount. If receiving the payment
agreement cannot be reached, either • the resident’s name
party may ask Consumer Affairs • the park’s name
Victoria to conciliate the dispute, • the payment date
or apply to the Victorian Civil and • what period the payment was for
Administrative Tribunal (VCAT) to • how much was paid
resolve the problem.
• a statement that it is a fee
for rent or hire charge.
17Caravan parks: A guide for residents, owners and managers
Rent increases Difference between bond and rent
For any rent or hire charge increase, The bond and rent are separate
an owner must give a resident a payments. A resident must not
‘Notice of Rent Increase to Resident/s use any part of the bond as rent.
of Caravan Parks’ and at least
A resident cannot stop paying
60 days’ notice. The notice must
rent because:
tell residents about their rights and
actions they may take if they think the • they are waiting for repairs
increase is too high. An owner may to be done
increase the rent or hire charge only • they are in the last month
once in any six-month period. of a residency agreement
• they have given notice that they
When a resident believes intend to vacate, or have been
the rent is too high given a ‘Notice to Vacate’.
Residents can contact Consumer
Affairs Victoria for a rental The importance
assessment if they have been given of communication
notice of an increase in their rent or
Residents and owners
any other hiring charge that they
need to contact
think is excessive.
each other for issues such as
The resident must request a rental rent increases, damage to
assessment report in writing within property and ending a residency
30 days of receiving notice of agreement. Such matters should
an increase. always be in writing. Written
communication should be clear,
After the resident has received the
signed, and include all relevant
assessment report from Consumer
details; all parties should keep
Affairs Victoria, they have 30 days
copies. You can communicate
to apply to VCAT for a hearing. VCAT
electronically (for example,
may set a maximum rent, which then
by email) if you have the prior
stays in force for six months.
consent of the other party to
do so. Make sure that consent
to electronic communication
is in writing. Consumer Affairs
Victoria has forms available for
a wide range of scenarios.
18Part 2: Living in a caravan park
Park rules Repairs
A park owner can make rules relating The law distinguishes between
to the use, enjoyment, control and urgent and non-urgent repairs, and
management of the park. These rules owners and residents have different
must be given to the resident before responsibilities according to each.
they enter into a residency agreement.
The caravan owner is responsible
Park rules may include things for all repairs to a caravan.
such as:
All repairs to a site or park facilities
• noise levels are the park owner’s responsibility.
• the keeping of pets However, a resident may be asked to
• the use and operation of arrange and/or pay for repairs if they
communal facilities caused the damage.
• car parking
Residents must continue to pay rent
• other relevant issues.
while waiting for repairs to be done.
Residents must be told about changes
It is very important to communicate
to the park rules in writing at least
all information regarding repairs in
seven days before they come into
writing and keep copies of all letters,
effect.
forms and reports for future reference.
Residents who believe a rule is
unreasonable may apply to VCAT to
All forms relating to
hear the matter. VCAT may decide
repairs are available
that the rule is unfair and ask the park
from Consumer
owner to amend or remove it, or keep
Affairs Victoria:
it as it is.
consumer.vic.gov.au/forms
A park owner must ensure that
the park rules are applied fairly 1300 55 81 81
and consistently.
19Caravan parks: A guide for residents, owners and managers
Urgent repairs
Steps for
If a resident requests an urgent repair,
urgent repairs
the park owner or caravan owner
must arrange it immediately. 1. The owner
must respond
An urgent repair is any work immediately
needed to fix: when a resident requests
• a burst water service an urgent repair
• a blocked or broken toilet system 2. If a resident is not getting
a quick response from the
• a serious roof leak
owner, they may authorise
• a gas leak the repair up to $1,800;
• a dangerous electrical fault the resident may then give
• flooding or serious flood damage the owner a notice seeking
• serious storm or fire damage reimbursement for the cost.
• a failure or breakdown of any 3. An owner has 14 days from
essential service or appliance when they get this notice to
provided by the owner for hot reimburse the resident
water, water, cooking, heating 4. If the owner does not cover
or laundering the cost of the repairs, and
• a failure or breakdown of the gas, they are going to cost more
electricity or water supply than $1,800, or if the resident
• a serious fault in a lift or staircase cannot afford to pay for them,
in the park the resident may:
• any fault or damage in a caravan • contact Consumer Affairs
that makes it unsafe or insecure Victoria to discuss the
• any appliance, fitting or fixture that problem, or
is not working properly and causes • apply to VCAT to hear
a substantial amount of water to the matter.
be wasted.
20Part 2: Living in a caravan park
Non-urgent repairs Rules on entering a caravan
The resident must write to the Entry without notice
owner telling them what needs to be
repaired and that it must be fixed A park owner (or manager or agent
within 14 days. Residents should use acting on their behalf) can only enter
Consumer Affairs Victoria’s ‘Notice a site or caravan without notice:
to Owner of Caravan or Caravan • if the resident agrees at the time
Park’ form. • in an emergency to save life or
Where the resident has requested valuable property
repairs be carried out and the owner • if VCAT has found that the resident
has arranged them within 14 days, the has abandoned the site.
resident must continue to pay rent.
A caravan owner may enter a caravan
If the owner does not carry out the without notice if:
repairs within 14 days of receiving
• the resident agrees at the time
the written request, the resident can
• VCAT has found that the resident
send a copy of it to Consumer Affairs
has abandoned the caravan.
Victoria with a letter asking for an
inspection and a subsequent report.
If the repairs still have not been done
after the resident has received the
inspection report from Consumer
Affairs Victoria, the resident has
60 days from receiving the report to
apply to VCAT for a repair order.
If a resident takes the matter to VCAT,
they can apply for their rent to be paid
into a special account while the issue
is sorted out.
21Caravan parks: A guide for residents, owners and managers
Entry with 24 hours’ notice • carry out any lawful duty
A park owner or caravan owner • check a reasonable belief that the
can enter for other reasons if resident has not met their duties
they first give the resident at least • show people through who are
24 hours’ written notice stating the interested in buying the caravan
reason. This notice can be given or site or lending the owner money
to the resident by post, electronic on it
communication (for example, email) • make a general inspection of a site
or in person between 8am and 6pm. or caravan (however, the latter can
However, to give notice electronically, only happen if the resident does not
you must have the prior consent of own the caravan), only once in any
the other party to receive notices six-month period.
and other documents in this way.
If an owner has served a valid notice,
Make sure that consent to electronic
the resident must let them enter the
communication is in writing.
site or caravan.
An owner may only enter
between 8am and 6pm and
A person entering
not on public holidays.
a site or caravan
An owner can enter with must not:
24 hours’ notice to: • behave
unreasonably
• show the caravan or site to
potential new occupants if the • stay any longer than
resident has already given notice, necessary to achieve the
or has been given written notice to purpose of their entry, unless
move out the resident agrees.
22Part 2: Living in a caravan park
If a person does the wrong thing When the park owner changes
Residents and owners can give a If a new park owner takes over the
‘Breach of Duty’ notice to the other park or site and a bond has been paid,
person if that person has not met the incoming and outgoing parties
certain duties under the Residential must complete the ‘Agent/Landlord
Tenancies Act 1997. Once a ‘Breach Transfer’ form and send it to the
of Duty’ has been given, the person Residential Tenancies Bond Authority
who received it must fix the situation. (RTBA) within five business days of
Residents and owners should the transfer taking effect.
contact Consumer Affairs Victoria
The resident does not need to sign
for information about how to issue
the ‘Agent/Landlord Transfer’ form
‘Breach of Duty’ notices.
but must receive a copy.
A penalty may be imposed if the
relevant completed forms are not
sent to the RTBA.
23PART 3:
Ending a residency
24Part 3: Ending an agreement
Ways to end a residency A residency automatically
continues until the parties legally
There are four main ways for
end the residency. Even if a
legally ending a residency:
residency agreement has a fixed
• All parties agree to end term of occupancy and the fixed
the residency term finishes, the residency right
• A resident is given a ‘Notice continues until the parties legally
to Vacate’ end it.
• The resident gives notice to
the park owner of their intention When a resident receives
to vacate a ‘Notice to Vacate’
• The residency right is A resident must be given the proper
being transferred. amount of time to vacate – this will
depend on the reason for giving the
notice (see ‘Reasons and minimum
Agreement of all parties
notice periods when a resident gets
The agreement to end a residency a Notice to Vacate’ on page 30 for
early should be put in writing in case details).
of a later dispute. It should include any
agreed terms and conditions and the If a resident has been given a ‘Notice
date the residency will end. to Vacate’ because the caravan park
is closing, they may be eligible for
compensation. See ‘Compensation for
How to give notice eligible residents’ on page 26.
Both the resident and the owner
A ‘Notice to Vacate’ must:
can give notice to end a residency
• be written in the correct form,
by hand, by post or by electronic
Consumer Affairs Victoria provides
communication (for example,
official ‘Notice to Vacate’ forms
email). However, if you give notice
electronically, you must have the • be addressed to the resident
prior consent of the other party to • give a reason or state that no
receive notices and other documents reason is specified
in this way. Make sure that consent to • be signed by the person who
electronic communication is in writing. has given the notice
• give the date for the resident
We recommend using the official
to leave
forms available from consumer.vic.
gov.au/forms to give notice. Please • be sent by registered post, sent
follow the ‘How to serve this notice’ via electronic communication
instructions on the relevant form. such as email (this requires the
prior agreement of both parties)
or given in person.
25Caravan parks: A guide for residents, owners and managers
When a caravan park is closing Compensation for eligible residents
Before issuing a ‘Notice to Vacate’ When closing a caravan park, a park
owner may be liable for compensating
A park owner must give written eligible residents. The only exception
notice that the park is closing to the to this is if the park owner does not
local council of the municipality the own the land that the park is located
park is in, at least 14 days before on, and the park is closing because
giving residents a ‘Notice to Vacate’. the head lease of that land is expiring.
This allows the council to contact
agencies that may be able to A park owner who is liable for
arrange new accommodation and compensating eligible residents
other support for residents. To find must apply to VCAT within 30 days
local council contact details, visit of issuing a ‘Notice to Vacate’, so that
knowyourcouncil.vic.gov.au. VCAT can determine the amount
residents should be compensated.
If the park owner does not notify If a park owner does not do this, the
council, a ‘Notice to Vacate’ will ‘Notice to Vacate’ will become void.
still be valid, but the owner may
be penalised for breaching the A resident is eligible for compensation
Residential Tenancies Act 1997. if they own the dwelling, and the
dwelling is fixed to the land (other
than an annexe).
How to notify residents
If there are residents living in the A resident is not eligible if they only
caravan park, a park owner must: own a dwelling that may be registered
with VicRoads.
• issue a ‘Notice to Vacate’ to each
resident with an end date that is at
least six months after the date the
notice is served
• state that the park is being closed
when giving the reason in a ‘Notice
to Vacate’
• put an end date on a ‘Notice to
Vacate’ that occurs after the
end of any fixed-term residency
agreement with that resident.
26Part 3: Ending an agreement
If a dwelling is to be relocated
Note: A caravan can be a If a resident’s dwelling will be
movable or immovable dwelling. relocated, VCAT will review the
If the caravan is on wheels, and likely cost of:
therefore can be registered with
VicRoads, the resident may not • disconnecting services from
be eligible for compensation if the dwelling
the park closes. • removing the dwelling from
the site
If the caravan is not able to be
• transferring the dwelling to
registered with VicRoads - for
a new site
example, if it has had its wheels
removed and is fixed to the land • installing the dwelling at the new
– the resident may be eligible for site (but not for landscaping)
compensation. • anything else VCAT considers
relevant.
This information is for general
use only. Caravan parks often A resident can apply to VCAT to
include a mix of dwellings and recover costs from the site owner for:
renting arrangements, which
• damage to the dwelling because
means that not all residents will
of the relocation
be eligible for compensation.
• any other reasonable costs to do
If a dwelling owner is unsure with relocating the dwelling.
if they are eligible for
compensation, they should seek The park owner does not have to pay
legal advice. compensation for damage caused
by people that the resident asked to
move the dwelling.
When working out how much a
resident should be compensated,
VCAT will consider if the dwelling
is to be relocated or not.
27Caravan parks: A guide for residents, owners and managers
If a dwelling will not be relocated
If a resident’s dwelling will not Confused about a
be relocated, VCAT will work out ‘Notice to Vacate’?
how much the resident should be If a resident receives a
compensated by deciding on: ‘Notice to Vacate’ and
does not know what to do, they
• a reasonable amount for the tenant
should contact Consumer Affairs
losing the residency, taking into
Victoria:
account the:
– dwelling’s original purchase price consumer.vic.gov.au/contact
– dwelling’s current onsite market 1300 55 81 81
value if the park was not closing
– rent and fees paid for the site
• the likely cost of the resident having Violent situations
to move elsewhere, taking into
If a resident or their visitor is being
account:
violent or putting anyone in the park
– removing the resident’s contents
in danger, the park owner can use one
from the dwelling and relocating
of two official notices – a ‘Notice to
the resident
Leave’ or a ‘Notice to Vacate’.
– how long the resident has lived
on the site
Suspending a resident –
– the inconvenience of finding
‘Notice to Leave’
somewhere new to live
– anything else VCAT considers If the park owner wants the person
relevant. to leave immediately, they can give
them the official ‘Notice to Leave to
When compensation Resident/s of Managed Premises or
should be paid by Resident’s Visitor’ form. The notice
must be given as soon as it is safe
Once VCAT has decided how much
to do so.
compensation a park owner must pay,
they will issue an order with a date The person must then leave the park
that the amount must be paid by. immediately and is not allowed to
The date on the order must be at least return for two business days, or until
30 days before the end date on the the matter is heard at the Victorian
‘Notice to Vacate’. Civil and Administrative Tribunal
(VCAT) if the owner has applied
A park owner must pay compensation
for possession.
even when a resident’s dwelling is
relocated before the resident is due
to receive the compensation.
28Part 3: Ending an agreement
The person given the notice to leave ‘Notice to Vacate’
may be fined if they:
A ‘Notice to Vacate’ given for reasons
• do not leave the premises relating to danger can tell the resident
immediately to move out on the day it is given, or a
• return to the premises during later date.
the suspension period. If the resident does not leave by the
date in the notice, they cannot be
Paying rent while suspended forced to leave unless VCAT has made
an order telling them to do so (see
The resident must pay rent and
‘Evicting a resident’ on page 35
hire charges for the days they
for details). The owner must apply to
are suspended.
VCAT within 30 days of the date they
If VCAT decides the resident asked the resident to leave.
should not have been suspended,
the resident must be allowed back
Family violence
into the premises. VCAT may order
the owner to refund any rent or other If you are experiencing family violence
charges that the resident paid for in a residency, you can seek to
the days they were suspended. become a ‘protected person’ under
one of the following notices:
During a suspension • Family violence safety notice
(issued by the police)
The park owner may decide during
the suspension period to apply • Family violence intervention order
to VCAT to permanently evict the (issued by a court)
resident during a suspension. This • Personal safety intervention order
extends the suspension period until (issued by a court)
VCAT deals with the application. The For more information on these
park owner must apply within two notices, visit consumer.vic.gov.au/
business days of giving the notice. familyviolence.
The resident must pay rent and For more information on family
hire charges for the days they are violence and a list of support
suspended, unless VCAT decides
agencies that can help you, visit
otherwise.
justice.vic.gov.au and search for
‘family violence’.
29Caravan parks: A guide for residents, owners and managers
Reasons and minimum notice periods
when a resident gets a ‘Notice to Vacate’
The table below shows how much notice a resident
must be given to vacate the park.
Minimum notice period for each reason
(Allow extra time whether mailing
or delivering by hand. For more
Reason for issuing a information see ‘Calculating minimum
‘Notice to Vacate’ notice periods’ on page 34.)
Intentionally or recklessly causing or Immediately
allowing serious damage in the park,
its facilities, or a hired caravan
Putting people or property in the park in Immediately
danger (note: caravan owners cannot give
notice for this reason)
Serious disruption of peace and quiet to Immediately
other park occupants and visitors (note:
caravan owners cannot give notice for
this reason)
Seven days’ or more rent is owing 7 days
Caravan is being used for illegal purposes 7 days
Breach of VCAT compliance order or 7 days
compensation order
Resident has already been given two 7 days
‘Breach of Duty’ notices and the same
duty is breached again
The caravan owner or a member of their 14 days
immediate family (including parents and Normally, unless the owner has
parents-in-law), or a dependent who permission from VCAT, they cannot
normally lives with the caravan owner, will re-let the caravan or site for six months
be moving in. This only applies for fixed-term after giving a resident this type of
residency agreements, and the end date notice.
must be at least 14 days after the end of
the fixed term.
30Part 3: Ending an agreement
Minimum notice period for each reason
(Allow extra time whether mailing
or delivering by hand. For more
Reason for issuing a information see ‘Calculating minimum
‘Notice to Vacate’ notice periods’ on page 34.)
A caravan is to be sold or has been sold 60 days
Where a caravan has been sold and
the owner wishes to issue a ‘Notice to
Vacate’, the notice must be within 14
days of entering into an unconditional
contract, or within 14 days after the last
condition of a conditional contract has
been met.
If the residency agreement has a fixed
term, the end date for these reasons
cannot be before the end of the fixed
term.
No specified reason 120 days
If the residency agreement has a fixed
term, the end date for these reasons
cannot be before the end of the fixed
term.
The park is closing down – for all 6 months
requirements, including compensation for If the residency agreement has a
eligible residents, see ‘When a caravan park fixed term, the end date for this reason
is closing’ on page 26. cannot be before the end of the fixed
term.
The owner must not issue a ‘Notice to
Vacate’ for this reason before notifying
the local council where the park is
located. The notification to council
must be in writing.
31Caravan parks: A guide for residents, owners and managers
Reasons a resident can First, the resident must give the
challenge a ‘Notice to Vacate’ park owner notice in writing using
the ‘Transfer of Residency Right
Residents may challenge a
(Caravan)’ form available from
‘Notice to Vacate’ if:
Consumer Affairs Victoria. For more
• they believe it was not information on giving notice, see
given properly ‘How to give notice’ on page 25.
• they do not agree with the If the park owner does not respond
reason given. within seven days of receiving this
form, the transfer can take place as
though permission has been given.
VCAT can cancel a ‘no
specified reason’ Second, the bond (if one was paid)
notice if it was given must be put in the new resident’s
because the resident name. A completed ‘Tenant Transfer’
was using their legal form must be completed and sent
rights or saying they would. to the Residential Tenancies Bond
In this case, the resident must Authority (RTBA) within five business
apply to VCAT within 60 days days of the transfer taking place.
of receiving the notice. When arranging the sale, the
resident may use a sales agent.
Residents can also argue against a A park owner cannot ask a resident
notice if it would be difficult for them to use a particular sales agent. If the
to move out without an extension park owner is the agent, they must
of time. state how much commission they
will receive.
If a resident wants to challenge a
‘Notice to Vacate’ given because A park owner:
a caravan has been sold, they • cannot charge a fee for
may contact VCAT within 30 days agreeing to a transfer
of receiving the notice to request • cannot interfere with the
a hearing. sale of a caravan
• may face large penalties for
When a resident wants to leave
breaking the above laws.
Selling a caravan and transferring
the arrangement If the park owner refuses permission
for the transfer and the resident
If a resident sells their caravan, the thinks this is unfair, they can apply
right to live in the park can also be to VCAT for a decision.
transferred to the buyer, as long as
the park owner agrees.
32Part 3: Ending an agreement
If a resident leaves without notice,
Note: they must pay rent for seven days
Prospective buyers from the date they vacated.
are advised to confirm When leaving, a resident must pay the
that the seller has rent and any other charges up to the
the park owner’s last day. They cannot refuse to pay
permission to assign their the final charges because they paid
residency rights before buying a bond for the rent of the site.
the caravan.
How a resident gives notice
Amount of notice a resident A resident may give notice by hand,
must give electronic communication (such as
email) or by post. If a resident wants
A resident must give the park owner to give notice electronically, they must
(and caravan owner, if applicable) a have the prior consent of the other
notice stating that they wish to leave. party to receive notices and other
This must be in writing and signed by documents in this way. Make sure that
the resident (or their representative). consent to electronic communication
is in writing.
Consumer Affairs If a resident decides to post their
Victoria has an notice, they may wish to use registered
official form that post so there is proof of when and
can be used: where the notice was sent. For more
consumer.vic.gov.au/forms information on giving notice, see ‘How
to give notice’ on page 25.
If a hired caravan is unfit to live
in, totally or partly destroyed and Giving notice but not leaving
therefore unsafe, a resident can leave If a resident gives notice but does not
immediately. In all other cases, a leave, an owner can apply to VCAT for
resident must give at least seven days’ an order for them to move out.
notice that they intend to vacate.
33Caravan parks: A guide for residents, owners and managers
When a mortgagee wants To calculate the earliest termination
a resident to leave date, you must allow a total time that
includes both:
If a park owner has put up part or all
of the caravan park as security for a • delivery of the notice (delivery is the
loan, the lender may have the right to day it is given by hand or electronic
take possession if loan repayments communication, or the day it would
are not kept up. be received by post), and
In this case, the lender (mortgagee) is • the required minimum notice
allowed to give the resident a ‘Notice period.
to Vacate’. The date the notice takes effect is
If a mortgage over the park was the day after the minimum notice
given before a residency started, period ends.
the resident must be given at least Australia Post has three delivery
90 days’ notice. speeds for ordinary post – express,
For a park mortgage given after the priority and regular. Priority and
residency started, at least six months’ regular speeds also apply for
notice must be given – and where registered post, which must be
there is a fixed-term residency, it used if a park owner is sending
cannot be before the end of the term. a notice to vacate to a resident.
Park owners and residents who
Calculating minimum post notices, such as Notices of rent
notice periods increase and Notices to vacate, should
When sending a notice, the minimum factor in longer mail delivery times
notice period starts the day after the which reflect the chosen delivery
notice is: speed. Extra days should also be
• given by hand, or added for any public holidays that
fall within the postal period.
• given by electronic communication
(such as email). If a lender wants For more about Australia Post’s
to give notice in this way, they mail delivery options and times,
must have the prior consent of the visit auspost.com.au.
resident to receive notices and
other documents electronically. To help calculate the total minimum
Make sure that consent to days to allow, depending on the
electronic communication is in notice period required and the
writing. Or method of delivery, visit vcat.vic.
gov.au/resources/giving-notices-
• calculated to have been given
residential-tenancies-list.
when sent by ordinary post or
registered post.
34Part 3: Ending an agreement
Evicting a resident
Important notice
To evict a resident, a park owner or
for owners:
caravan owner must apply to VCAT
for a warrant of possession. You cannot use force,
or any other method,
VCAT deals with applications for to evict a resident.
such warrants if: Only the police can carry out
• the notice period given by the an eviction, and only when
resident, a mortgagee or the they are acting on a warrant
owner has run out and the of possession from VCAT.
resident is still there
• the resident has been given
a ‘Notice to Leave’. Facing eviction?
A resident has the right to attend If you are a resident
the hearing and give evidence. facing eviction and
you do not know
If a resident has been suspended and what to do, contact Consumer
is therefore not at the park, VCAT may Affairs Victoria immediately.
not know where to send information Consumer Affairs Victoria can
regarding the hearing. Residents provide information, or direct
should contact VCAT to find out if the you to other organisations that
owner has applied to evict them and, can help.
if so, the time and date of the hearing.
consumer.vic.gov.au/contact
If VCAT finds that the owner should
1300 55 81 81
not have suspended the resident, the
owner must allow them back in the
park, and can be ordered to refund
the rent or hire charges paid for the
days the person was suspended.
If VCAT agrees with the suspension,
the resident must stay away from the
park permanently, unless ordered
otherwise.
35PART 4:
When a resident leaves
36Part 4: When a resident leaves
Repaying the bond Reclaiming the bond
If a bond was paid, the resident When the RTBA receives a correctly
and park owner or caravan owner completed ‘Bond Claim’ form, it pays
should try to agree on how it the bond directly into the nominated
should be repaid when a residency bank account/s overnight.
agreement ends. There may be some The RTBA does not make part
rent unpaid, or property damage that payment of bonds to outgoing
needs repair. The agreed division residents when there is more than
should be set out in the ‘Bond Claim’ one name listed on the residency
form, which is sent to the Residential agreement. This is a private matter
Tenancies Bond Authority (RTBA). between outgoing and incoming
residents. However, any change of
‘Bond Claim’ forms resident must be put on a transfer
can be generated form and sent to the RTBA.
from the RTBA Online
website: Bonds provided by the Department
rentalbonds.vic.gov.au of Health and Human Services
All forms (except for ‘Bond Claim’ If the Department of Health and
forms) mentioned in this guide Human Services provided the bond
are available from Consumer money, the resident cannot agree
Affairs Victoria: to the release of any of the bond to
the owner.
consumer.vic.gov.au/forms
If there is no claim on the bond, the
1300 55 81 81
RTBA will pay it out to the Department
of Health and Human Services at the
When any part of the bond is to be end of the residency, once the RTBA
paid to the owner, the form cannot be has received the completed ‘Bond
signed more than seven days before Claim’ form.
the end of the residency. If a ‘Bond Claim’ form is not lodged,
the Department of Health and Human
Services will not know that the
residency has ended and the bond
amount will remain registered as an
outstanding debt against the resident.
The owner must apply to the Victorian
Civil and Administrative Tribunal
(VCAT) if they wish to make a claim
on a bond provided by the Department
of Health and Human Services.
37Caravan parks: A guide for residents, owners and managers
When can an owner make When a resident cannot be
a claim on the bond? located and rent is owing
An owner may make a claim on In such cases, the owner has
the bond for: 10 business days to apply to VCAT
• damage caused by the for an order directing the RTBA
resident or their visitor to repay the bond to the owner to
cover the rent.
• cleaning expenses
• the resident abandoning VCAT can make a ruling to distribute
the premises the bond money without a hearing or
• the resident leaving the owner refer the matter for a hearing.
to pay bills that the resident When VCAT makes a ruling, the owner
should have paid sends a copy of the ruling, along
• loss of the owner’s goods with a completed ‘Bond Claim’ form,
• unpaid rent. to the RTBA and the money is paid
out overnight.
Costs due to fair wear and tear
cannot be claimed.
Final meter readings
If there is disagreement about the
division of a bond, the owner must Residents who have separate meters
apply to VCAT within 10 business days should let the utility providers know in
of the resident vacating the premises. advance when they will be moving out.
Otherwise, they may be charged for
Owners may also claim compensation services in the next billing period.
over and above the bond amount with
a separate application to VCAT.
38Part 4: When a resident leaves
Goods left behind Goods that can be disposed of
Before vacating the park, residents An owner can get rid of:
should leave their contact details with
• perishable foods
the park owner or caravan owner, in
• dangerous goods
case they need to be contacted about
any goods left behind. • goods of no monetary value.
Residents who leave goods or Owners can assess whether, under the
personal documents behind when Residential Tenancies Act, the goods
they vacate should arrange with can be disposed of or must be stored;
the park owner or caravan owner or, they can ask Consumer Affairs
to collect them as soon as possible. Victoria to inspect the goods and
An owner cannot refuse to return make a formal assessment.
belongings, even if the resident
owes rent. A ‘Request for
A resident may apply to VCAT for Inspection of Goods
compensation if they suffered a loss Left Behind’ form
because an owner did not comply is available from
with the law. Consumer Affairs
Victoria:
If the owner has obtained an
consumer.vic.gov.au/forms
inspection report from Consumer
Affairs Victoria and suffered a loss 1300 55 81 81
through the cost of removing, storing
and auctioning goods, they may also
If VCAT declares a caravan to be
apply to VCAT for compensation.
abandoned, the owner may deal with
the caravan as they would any other
‘stored good’.
39Caravan parks: A guide for residents, owners and managers
Goods that must be stored Personal documents
If a resident leaves goods behind that These are documents that it would be
are not allowed to be disposed of, the reasonable to expect a person to keep.
owner must:
Examples include:
• take reasonable care of the goods
• marriage and divorce certificates
• store them for 28 days
• educational certificates
• notify the resident when and from
• birth certificates
where the goods can be collected
• passports
• let the resident reclaim the goods
(after the resident has paid back • medical records
any reasonable costs the owner • computer hard-drives
incurred in storing them). • contents of USB memory sticks
• CDs and DVDs
• contents of still and movie cameras
• contents of electronic data storage
devices
• photographs
• personal memorabilia.
40Part 4: When a resident leaves
When personal documents are
left behind the owner must: An owner may face
penalties for not
• take reasonable care of them letting a resident
for at least 90 days reclaim goods or
• let the resident reclaim the personal documents if
documents after paying back the resident was willing to pay
any money the owner had to a reasonable amount to cover
spend to store them. those costs.
If an owner complies with the law
and the resident does not claim the
documents, the owner can dispose
of them (although there may be
some restrictions on the disposal
of documents such as passports –
contact Consumer Affairs Victoria
for more information). The owner
can then apply to VCAT to be
compensated for the cost of looking
after and removing the documents.
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