If a site owner wants a site tenant to move out, they can talk to them and come to an agreement, or they can give them a notice to vacate. A notice to vacate is a formal statement that the site owner wants to end the site agreement and that the site tenant should leave the property.
If the site owner and site tenant come to an agreement, they should record this in writing.
A site owner can only end a site agreement for certain reasons.
This page is about Part 4A site agreements. These are for people who 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.
A site agreement covers 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, but not always.
Read more about site agreements in residential parks.
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 site tenant (Word, 747KB).
The notice must:
- be addressed to the site tenant
- state the reason the site owner is ending the agreement
- be signed by the site owner
- state the date the site tenant 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. For example, a site owner cannot give a site tenant a notice to vacate because they have asked for a repair, or told the owner that they will apply to the Victorian Civil and Administrative Tribunal (VCAT) if the repair isn’t made.
When a site 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 site tenant can challenge a notice to vacate.
Delivering a notice to vacate
The notice to vacate must be delivered to the site tenant, either by:
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registered post
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electronic communication (such as email), if the site tenant has given consent to receive notices and other documents this way
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hand (giving the notice personally to the site tenant).
If posting, allow for mail delivery times, which depend on:
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 site tenant can be given a notice to vacate and notice periods
A site owner can only end a site agreement for certain reasons.
There are different timeframes for giving a site tenant a notice to vacate depending on the reason.
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Reasons a site owner can issue a notice to vacate
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Minimum notice required
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The site tenant is intentionally or recklessly causing or allowing serious damage in the park, its facilities, or a hired site.
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Immediately
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The site tenant or their visitors are putting people or property in the park in danger, including the park operator, employees, contractors and agents.
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Immediately
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The site tenant or their visitors are seriously disturbing the peaceful and quiet enjoyment of others in the park.
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Immediately
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The site tenant breaches a VCAT compliance order or compensation order.
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14 days
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The site tenant assigns or sub-lets the site without consent.
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14 days
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The site is being used for an illegal purpose.
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14 days
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The site tenant has already been given 2 breach of duty notices and the same breach occurs.
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14 days
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The site tenant or their visitors seriously threaten or intimidate the site owner, their agent, or the owner or agent’s employees.
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14 days |
It is the end of a site agreement.
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365 days |
The park is closing.
Affected site tenants may be eligible for compensation.
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365 days |
Mortgagee giving notice to vacate
A mortgagee (lender) such as a bank can also give a site tenant a notice to vacate if they are repossessing the park or site. There are specific provisions for this. For more information, refer to the Residential Tenancies Act or contact us.
Forms you might need
To issue a notice to vacate to a site tenant, use this form:
Sections of the Act
If you want to know what the law says about site owners giving notice to vacate to site tenants, you can read these sections of the Residential Tenancies Act:
- Section 207A – Termination by agreement
- Section 207W – Damage
- Section 207X – Danger
- Section 207Y – Threats and intimidation
- Section 207Z – Disruption
- Section 207ZA – Failure to comply with Tribunal order
- Section 207ZB – Successive breaches by site tenant
- Section 207ZC – Use of Part 4A site for illegal purpose
- Section 207ZD – Assignment or sub-letting without consent
- Section 207ZE Closure of Part 4A park
- Section 207ZF – Notice by land owner
- Section 207ZG – Notice under fixed term site agreement
- Section 207ZI – Notice by mortgagee of Part 4A park