Site tenants who want to end their site agreement must tell the site owner that they want to leave by giving them a written notice of intention to vacate.
In most cases, site tenants on fixed-term agreements can only leave before the end date if the site owner agrees. If the site owner agrees, that should be recorded in writing.
A site tenant can vacate their site if they sell their dwelling. In this case, they can assign the site agreement to the buyer.
This page is about Part 4A site agreements. You may have entered into a Part 4A site agreement if you live in a residential park, own a moveable dwelling and rent the site the dwelling is on. A residential park might be a caravan park or lifestyle village. A moveable dwelling might be a pre-fab home or cabin. Site agreements cover the land that is being rented for the home.
The site tenant is the person who owns the dwelling and rents the site. The site owner is the person who owns the site. This is usually the park owner or operator, but not always. Read more about site agreements in residential parks.
On this page:
Giving notice
Site tenants who want to leave should complete the Notice to part 4A site owner (Word, 741KB) form.
The written notice of intention to vacate must:
- be signed by the site tenant or their representative
- allow the correct amount of time to give the notice
- state the date the site tenant will leave.
Delivering a notice
The notice to vacate must be delivered to the site owner, either by:
- post
- electronic communication (such as email)
- hand (giving the notice personally to the site owner).
If posting, allow for mail delivery times, which depend on:
- your delivery method
- where you’re mailing your notice from.
It is important to allow enough time for mail to be delivered if you are posting the notice. The Australia Post website can help calculate delivery times. If you think you might need proof that you’ve sent the notice you can use registered post.
Leaving before the site agreement end date
In most cases, if a site tenant on a fixed agreement does not give notice or wants to end the agreement earlier than the notice period, they will have to pay rent until the notice period expires or a new site tenant takes over (whichever is earlier).
There are some circumstances under which a site tenant can provide a shorter period of notice. The site tenant can give 14 days' notice for any of the following reasons:
- the site tenant has been given a notice to vacate under a fixed term agreement,
- the site tenant needs special or personal care
- the site tenant has accepted an offer of public housing
- the site tenant needs temporary crisis accommodation
- the site owner fails to comply with a VCAT order
- the site owner has committed a breach of duty for the third time.
If the site is unsafe, not legally available for use as a Part 4A site, or unavailable for occupation, the site tenant can terminate the agreement before they move in.
People experiencing severe hardship can apply to VCAT to end a site agreement early.
Site tenants experiencing family violence
People experiencing family violence who need to change their site agreement so that they or their children can be safe can apply to VCAT.
They can ask VCAT for an order so that the site owner:
- gives them a new site agreement
- lets them leave before the agreement ends without having to pay fees.
Read more about changing or ending a rental agreement because of family violence.
Final meter readings
If there are separate meters for utilities, the site tenant should tell utility providers in advance the date they will be moving out, otherwise they may be charged for services after the vacate date.
How much notice is required
There are different timeframes for giving a site owner a notice of intention to vacate depending on the reason and the type of agreement.
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Reason for leaving a site under a site agreement
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Minimum notice required
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Before you move in or use the site, the site is:
- not legally available for use as a site under a site agreement
- not available for occupation
- unsafe.
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Immediate
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The site owner has breached a VCAT compliance order or compensation order.
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14 days
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The site owner has given the site tenant a notice to vacate.
However, if there is a fixed-term site agreement, the date the site tenant says they will leave cannot be before the end date of the agreement.
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14 days
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The site tenant requires temporary crisis accommodation
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14 days
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The site tenant requires special or personal care
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14 days
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The site tenant has accepted an offer of public housing
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14 days
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Any other reason
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28 days
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Forms you might need
To give notice to vacate under a site agreement, use this form:
If you want to know what the law says about notices to vacate under a site agreement, you can read these sections of the Residential Tenancies Act 1997:
- Section 207I – Termination by site tenant before occupation or use
- Section 207Q – Notice of intention to vacate
- Section 207R – Notice to have no effect in certain circumstances
- Section 207S – Reduced period of notice of intention to vacate in certain circumstances
- Section 207T – Failure of site owner to comply with Tribunal order
- Section 207U – Successive breaches by site owner