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consumer.vic.gov.au
Caravan parks: A guide for residents, owners and managers
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.
July 2017 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.
To order more than five copies download an order form from consumer.vic.gov.au.
Information about renting is available in 24 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.
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Caravan parks: A guide for residents, owners and managers
Contents
3
Introduction
4
Introduction
5
Caravan parks: A guide for residents, owners and managers
6
Introduction
7
Caravan parks: A guide for residents, owners and managers
8
Introduction
9
PART 1:
Beginning a residency
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Part 1: Beginning a residency
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Caravan 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.
• ask Consumer Affairs Victoria
to conciliate the dispute Contact details
• apply to the Victorian Civil Park owner’s contact details
and Administrative Tribunal
(VCAT), which will hear the Within seven days of a person
matter and make a ruling for becoming a resident, a park owner
the owner to amend or remove (or their agent) must give the resident:
the term, or keep it as it is. • their full name and address
• 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.
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Part 1: Beginning a residency
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Caravan parks: A guide for residents, owners and managers
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.
14
Part 1: Beginning a residency
15
PART 2:
Living in a caravan park
16
Part 2: Living in a caravan park
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
Administrative Tribunal (VCAT) to was for how much was paid
resolve the problem. • a statement that it is a fee
for rent or hire charge.
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Caravan parks: A guide for residents, owners and managers
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Part 2: Living in a caravan park
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Caravan 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.
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Part 2: Living in a caravan park
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Caravan parks: A guide for residents, owners and managers
22
Part 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. Once a ‘Breach of Transfer’ form and send it to the
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.
23
PART 3:
Ending a residency
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Part 3: Ending an agreement
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Caravan parks: A guide for residents, owners and managers
Violent situations
Paying rent while suspended
If a resident or their visitor is being
violent or putting anyone in the park The resident must pay rent and
in danger, the park owner can use one hire charges for the days they
of two official notices – a ‘Notice to are suspended.
Leave’ or a ‘Notice to Vacate’. If VCAT decides the resident
should not have been suspended,
Suspending a resident – the resident must be allowed back
‘Notice to Leave’ into the premises. VCAT may order
the owner to refund any rent or other
If the park owner wants the person
charges that the resident paid for
to leave immediately, they can give
the days they were suspended.
them the official ‘Notice to Leave to
Resident/s of Managed Premises or
Resident’s Visitor’ form. The notice
must be given as soon as it is safe
to do so.
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Part 3: Ending an agreement
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Caravan parks: A guide for residents, owners and managers
28
Part 3: Ending an agreement
^ Normally, unless the owner has permission from VCAT, they cannot re-let the caravan or site for
six months after giving a resident this type of notice.
* 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.
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Caravan parks: A guide for residents, owners and managers
30
Part 3: Ending an agreement
A park owner:
Contact Consumer
• cannot charge a fee for Affairs Victoria for
agreeing to a transfer more information:
• cannot interfere with the
consumer.vic.gov.au/
sale of a caravan
renting
• may face large penalties for
breaking the above laws. 1300 55 81 81
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Caravan parks: A guide for residents, owners and managers
32
Part 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@justice.vic.gov.au
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.
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PART 4:
When a resident leaves
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Part 4: When a resident leaves
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Caravan parks: A guide for residents, owners and managers
36
Part 4: When a resident leaves
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’.
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Caravan parks: A guide for residents, owners and managers
38
Part 4: When a resident leaves
39
PART 5:
Solving problems
40
Part 5: Solving problems
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Caravan parks: A guide for residents, owners and managers
42
Useful contacts
Useful contacts
tuv.org.au rentalbonds.vic.gov.au
admin@tuv.org.au rtba@justice.vic.gov.au
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Caravan parks: A guide for residents, owners and managers
44
Useful contacts
45
Caravan parks: A guide for residents, owners and managers
Notes
46
Caravan parks: A guide for residents, owners and managers
Notes
47
consumer.vic.gov.au
1300 55 81 81 (local call charge)
July 2017
TIS
Translating and Interpreting Service 131 450
TTY
Textphone or modem users only, ring the
National Relay Service (NRS) on 133 677,
then quote 1300 55 81 81.
Callers who use Speech to Speech Relay
dial 1300 555 727, then quote 1300 55 81 81.