If a caravan park or caravan owner wants a resident to move out, they can talk to the resident and come to an agreement, or they can give them a notice to vacate. A notice to vacate is a formal statement that the park operator or caravan owner wants to end the residency agreement and that the resident should leave the property.
If the park or caravan owner and resident come to an agreement, they should record this in writing.
If they don’t agree, a park owner can only end a site agreement for certain reasons.
A caravan park resident is someone who lives in a caravan park as their main residence, and who has written permission from the park operator to live at the park. There are different rules for site tenants, who own their moveable home, such as a pre-fab house or cabin but rent the land it is on. Read more about notice to vacate to a site tenant.
On this page:
How to give notice
You must use the ‘prescribed form’ to give notice. A prescribed form is defined by Victorian rental law. We recommend using our official form – Notice to vacate to resident/s of a caravan park (Word, 764KB).
The notice must:
- be addressed to the resident
- state the reason the operator is ending the agreement, and give enough information so the resident understands why they are being given notice, and can see the facts given as the basis for giving the notice
- be signed by the operator
- state the date the resident should leave by.
It is against the law to ask someone to leave because they did, or said they would do, something that is within their legal rights under the Act. For example, a park operator cannot give a resident a notice to vacate because they have asked for a repair, or told the operator that they will apply to VCAT if the repair isn’t made.
When an operator or owner gives someone a notice to vacate, they must give it to them with at least the amount of notice required by the Act. The amount of notice required depends on the reason the person is being asked to vacate.
A caravan park resident can challenge a notice to vacate.
Delivering a notice to vacate
The notice to vacate must be delivered to the resident at the rented premises, either by:
- registered post
- electronic communication (such as email), if the resident has given consent to receive notices and other documents this way
- hand (giving the notice personally to the resident).
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 are delivering the notice by mail you must use registered post.
Reasons a resident can be given a notice to vacate and notice periods
Caravan park and caravan owners can only end a residency agreement for certain reasons.
There are different timeframes for giving a resident a notice to vacate depending on the reason.
Some of the reasons for notice to vacate have specific evidence requirements. This means that the owner must supply a form of evidence demonstrating that the reason they have given in the notice to vacate is genuine.
If a notice to vacate requires specific evidence that is not supplied, the notice is invalid.
Details on the required evidence is described in the table below, where applicable.
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Reason a park or caravan owner can issue a notice to vacate
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Evidence requirements |
Minimum notice required
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The resident is intentionally or recklessly causing or allowing serious damage in the park, its facilities, or a hired caravan
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NA |
Immediately
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|
The resident or resident’s visitors are putting people or property in the park in danger, including the park operator, employees, contractors and agents.
Caravan owners are not allowed to give notice for this reason.
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NA |
Immediately
|
|
Serious disruption of peace and quiet to other park occupants and visitors.
Caravan owners are not allowed to give notice for this reason.
|
NA |
Immediately
|
|
Seven days’ or more rent owing.
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NA |
7 days
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|
A caravan is being used for illegal purposes.
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NA |
7 days
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|
Breach of VCAT compliance order or compensation order.
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NA |
7 days
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The resident has already been given 2 breach of duty notices and the same breach occurs.
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NA |
7 days |
The resident displays seriously threatening or intimidating behaviour toward the park operator, a park employee or contractor, or their agent.
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NA |
14 days |
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The caravan owner or a member of their immediate family (including parents and parents-in-law), or a dependent who normally lives with the caravan owner, will be moving in. This only applies where the agreement is for a fixed term.
If this is the case, the owner must include evidence with the notice to vacate.
Generally, unless the owner has permission from VCAT, they cannot re-let the caravan or site for 6 months after giving a resident this type of notice.
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A witnessed, statutory declaration signed by the caravan owner, stating either:
- they intend to reside in the caravan, or
- the name of the person who will occupy the caravan, their relationship to the caravan owner, and declaring whether the person is a dependent, and
- that the caravan owner understands that they must not re-let the caravan to any person (other than the person named to be moving in to the caravan in the statutory declaration) for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT.
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14 days
|
|
The resident is keeping a pet without consent.
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NA |
28 days
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A caravan is to be sold or has been sold. Where a caravan has been sold and the owner wishes to issue a notice to vacate, the notice must be issued 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 this is the case, the operator must include evidence with the notice to vacate.
If a resident has an agreement, the end date for the notice cannot be before the end of the agreement.
Generally, an owner cannot re-let the caravan or site for six months after giving a resident this type of notice, unless the owner has permission from VCAT.
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One of the following:
- Contract of sale, signed by the vendor and purchaser and dated; or
- Contract of engagement/authority to sell with a licensed estate agent; or
- Preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner.
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60 days
|
It is the end of a residential agreement.
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NA |
60 days |
The park will be used for another purpose (note: caravan owners are not allowed to give notice for this reason).
If a resident has an agreement, the end date for the notice cannot be before the end of the agreement.
Generally, unless the owner has permission from VCAT, they cannot re-let the site for 6 months after giving a resident this type of notice.
|
NA |
6 months |
The park is closing.
If this is the case, the operator must include evidence with the notice to vacate.
Affected residents may be eligible for compensation.
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NA |
6 months |
Mortgagee giving notice to vacate
A mortgagee (lender) such as a bank can give a renter a notice to vacate if they are repossessing the property. There are specific provisions for this. For more information, refer to the Residential Tenancies Act or contact us.
Forms you might need
To provide notice to vacate to a park resident, use this form:
Sections of the Act
If you want to know what the law says about giving notice to vacate to park residents, you can read these sections of the Residential Tenancies Act 1997:
- Section 206AQ – Damage
- Section 206AR – Danger
- Section 206AS – Threats and intimidation
- Section 206AU – Non-payment of rent
- Section 206AV – Non-payment of hiring charges
- Section 206AW – Failure of resident to comply with Tribunal order
- Section 206AX – Successive breaches by resident
- Section 206AY – Use of site or caravan for illegal purpose
- Section 206AZ – Sale of caravan
- Section 206AZA – Closure of caravan park
- Section 206AZB – Occupation by caravan owner
- Section 206AZC – Prohibition on hiring of caravans or renting of sites after notice
- Section 206AZD – Notice under agreement with specified period of occupancy