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Caravan parks – frequently asked questions
What are my rights and responsibilities as a caravan park resident?
Do I have to pay for repairs to a caravan I’ve hired?
What are my rights as a resident if the caravan park owner wants to change the park rules?
What notice do caravan park owners have to give to end a residency?
Can I argue against a notice to vacate?
What are my rights and responsibilities as a caravan park resident?
Caravan park residents have the right to:
- receive a copy of the park rules in writing from the owner
- be given a statement of any fees, charges or commissions
- privacy and ‘quiet enjoyment’ of the site.
Caravan park residents are responsible for:
- using the site for residential purposes only
- not using the site for any illegal purpose
- paying rent/hire charges on the due date
- ensuring their visitors don't interfere with other park users’ quiet enjoyment
- keeping the site clean
- not erecting structures on the site
- notifying the owner of any damage and paying compensation for it
- not allowing more than the number of persons agreed to reside on the site.
Contact the Tenants Union of Victoria if you need advice about your rights and responsibilities.
Related websites
Do I have to pay for repairs to a caravan I’ve hired?
All repairs (urgent and non-urgent) are the caravan park owner’s responsibility, but if the resident caused the damage, the owner can ask them to arrange and/or pay for repairs.
It is also the park owner's duty to maintain communal areas, including cleaning and repairing communal bathrooms, toilets and laundries.
Residents must also be given written notice of the full name and address of the park owner or their agent, and an emergency telephone number in case urgent repairs are needed.
Urgent repairs include serious problems with the water system, gas or electricity, as well as any fault or damage that makes the caravan unsafe.
Non-urgent repairs need to be reported to the caravan park owner in writing. The owner then has 14 days to make sure the repairs are done.
Contact the Tenants Union of Victoria for more information.
Related websites
What are my rights as a resident if the caravan park owner wants to change the park rules?
Caravan park owners can change the park rules. When rules change each resident should be informed in writing at least seven days before the rules come into effect.
If you think a rule is unfair, you can apply to the Victorian Civil and Administrative Tribunal's (VCAT) Residential Tenancies List for an order declaring it to be unreasonable.
Contact the Tenants Union of Victoria if you are thinking about applying to VCAT.
Related websites
VCAT Residential Tenancies List
What notice do caravan park owners have to give to end a residency?
A caravan park owner may give a resident a notice to vacate without giving a reason. The notice must give the date the resident is to leave by. This date must be at least 120 days from the date of the notice.
A resident can be asked to leave a caravan park immediately if:
- the caravan park owner has ‘reasonable grounds’ to believe that serious acts of violence have occurred
- the safety of someone on the premises is in danger
- the resident is causing a disruption to the peace of the caravan park.
Special circumstances
Seven days’ notice can be given if:
- there is seven days or more rent/hire charges owing
- there has been a breach of a compliance order or compensation order issued by the Victorian Civil and Administrative Tribunal (VCAT)
- two ‘breach of duty’ notices have already been served and the same problem arises again
- the caravan or site is used for illegal purposes.
When there is a written agreement with a set end date, a caravan owner can give a resident 14 days’ notice if the owner or member of the owner’s immediate family will be moving in.
If there is no written agreement or the agreement has no set end date, residents must be given 60 days' notice if the caravan is to be sold or six months' notice if the caravan park is closing.
In some cases you can argue against a notice to vacate. You can also ask VCAT to make an order giving you more time if moving out would cause you severe hardship.
Contact the Tenants Union of Victoria for more information.
Related websites
Can I argue against a notice to vacate?
Generally, you can argue against a notice to vacate if it was not given properly or if you disagree with the reason given.
The Victorian Civil and Administrative Tribunal (VCAT) can cancel a ‘no specified reason’ notice if it was given because you were exercising your rights or saying you would do so. You must apply to VCAT within 60 days of receiving the notice.
If you’ve been served a ‘Notice to Vacate’ because the caravan has been sold and you want to challenge the validity of the notice, you must contact VCAT within 30 days of receiving the notice.
You can also argue against a notice if it would be difficult for you to move out without more time.
VCAT can make special allowances when making a decision to avoid severe hardship to residents or caravan park owners.
You can’t be forced out unless VCAT makes an order for possession (eviction). The owner can’t use force to make you leave. This can only be done by police or another authorised person.
Contact the Tenants Union of Victoria if you want to argue against a notice or are thinking about applying to VCAT.