Caravan park residency in Victoria is governed by specific legal frameworks designed to protect both residents and park operators. This guide provides a comprehensive overview of key aspects such as tenancy agreements, maintenance responsibilities, eviction processes, and avenues for dispute resolution. Whether you are planning to move into a caravan park or are already living in one, understanding your rights and obligations is crucial for a secure and hassle-free experience.

Eligibility Criteria for Caravan Park Residency

In Victoria, you are considered a resident of a caravan park if you:

• Have lived in the caravan park for at least 60 consecutive days (excluding stays for holidays or other temporary reasons).
• Have a written agreement with the park operator to stay on the premises.

If you own a caravan located within a park but live elsewhere, you are not classified as a resident under Victorian law.

Essential Guides for Caravan Park Residents and Operators

Caravan park residents and operators have specific legal rights and obligations, which are outlined in two key guides provided by Consumer Affairs Victoria:

1. Caravan Park Guide – applicable to individuals who rent both the caravan and the site.
2. Moveable Dwellings Guide – applicable to individuals who own their caravan but rent the site.

Operators must provide these guides along with the park rules before or upon a resident’s move-in date. For those owning their caravans and renting a site, a written agreement must be presented at least 20 days prior to signing, with a five-business-day cooling-off period after signing.

Resident Entitlements and Duties

Rights of Caravan Park Residents

Residents are entitled to:

• Receive a written copy of the park rules.
• A clear statement outlining fees, charges, and commissions.
• Privacy and peaceful enjoyment of their site.

Responsibilities of Residents

Residents are expected to:

• Use the site for residential purposes only.
• Pay rent and other charges on time.
• Maintain cleanliness of their site.
• Ensure their caravan is safe and in good condition (if owned).
• Refrain from making alterations without the operator’s consent.
• Notify the operator of damages and cover associated costs (excluding fair wear and tear).
• Abide by the agreed occupancy limits.

Repairs and Maintenance

Caravan park owners are responsible for:

• Addressing both urgent and non-urgent repairs unless the damage was caused by the resident.
• Maintaining communal facilities such as bathrooms, toilets, and laundries.
• Providing residents with the park owner’s contact details and an emergency phone number within seven days of moving in.

Urgent Repairs

Urgent repairs include issues related to:

• Water and toilet system failures.
• Gas and electrical faults.
• Any damage that makes the caravan unsafe, such as structural instability, significant roof leaks, electrical wiring hazards, or broken windows that compromise security and weatherproofing.

If the owner fails to address urgent repairs, the resident may arrange repairs up to a cost of $2,500 and seek reimbursement within seven days by providing written notice of the repair costs.

Non-Urgent Repairs

Residents must report non-urgent repairs in writing, and the park owner has 14 days to address them. If the owner fails to comply, residents may request an investigation by Consumer Affairs Victoria. If necessary, residents can present the inspector’s report as evidence at the Victorian Civil and Administrative Tribunal (VCAT).

Changes to Park Rules

Park rules are subject to change by the owner; however, they must:

• Provide residents with at least seven days’ written notice before changes take effect.
• Consult with residents and consider their feedback before implementing changes.

Residents who believe a new rule is unfair can challenge it at VCAT by submitting an application. The tribunal will review the rule’s fairness and compliance with the law. Evidence may be required, and both parties will have the opportunity to present their case.

Notices to Vacate

A caravan park resident may be asked to vacate immediately if they or their visitor:

• Cause severe damage to the caravan, site, or park facilities.
• Engage in serious violence.
• Pose a danger to others in the park.
• Cause significant disruption to the park’s peace.

Notice Periods

The following notice periods apply depending on the circumstances:

7 days

1. The rent is overdue by seven days or more.
2. There has been a breach of a tribunal order.
3. Repeated breaches have occurred.

14 days

• A written agreement exists with an end date and the park owner, or a family member needs the site.

60 Days

• The caravan is to be sold.

6 months

• The park is closing.

Residents have the right to challenge a notice to vacate if they believe it was improperly issued or if the stated reason is incorrect.

Challenging a Notice to Vacate

Residents can contest a notice to vacate at VCAT within 30 days of receiving the notice. They may also seek an extension if moving out within the given timeframe would cause severe hardship.

The park owner cannot force a resident to leave without an official possession order from VCAT. Eviction can only be enforced by the police or an authorised individual after a warrant of possession is obtained.

Caravan Park Closures

If a caravan park is closing, residents who own their caravan and have it affixed to the land (excluding annexes) may be eligible for compensation. Additional information is available in the Caravan Park Guide by Consumer Affairs Victoria.

Key Legislation

The main legislative framework governing caravan parks in Victoria includes:

1. Residential Tenancies Act 1997: Governs rental agreements, residents’ rights, and responsibilities, ensuring fair treatment and outlining processes for disputes and evictions.
2. Australian Consumer Law and Fair Trading Act 2012: Provides consumer protection and fair trading principles, covering issues such as misleading conduct, unfair contract terms, and consumer rights in transactions.

Resources and Support

If you require assistance with caravan park disputes or understanding your rights, you can contact the following organisations for specific guidance:

1. Consumer Affairs Victoria: Provides information on tenant rights, dispute resolution processes, and lodging complaints against park operators.
2. Tenants Victoria: Offers legal advice, support, and advocacy for caravan park residents facing tenancy-related issues such as eviction, rent increases, and maintenance disputes.
3. Victorian Civil and Administrative Tribunal (VCAT): Handles legal disputes between residents and operators, including hearings related to rental agreements, notices to vacate, and compensation claims.
4. Victoria Legal Aid: Provides free legal assistance and advice for eligible individuals facing tenancy issues.

Conclusion

Understanding your rights and responsibilities as a caravan park resident or operator is crucial for maintaining a fair and lawful living environment. If you are facing issues related to tenancy, repairs, or eviction, seeking legal advice can help you navigate the process effectively.

If you need legal advice or assistance regarding caravan park residency, whether it is about tenancy agreements, repairs, eviction notices, or park closures, Pentana Stanton Lawyers is here to help. Our experienced team provides expert guidance tailored to your situation, ensuring your rights are protected and your concerns are addressed effectively.

Contact us today to schedule a consultation and take the first step toward resolving your legal matters with confidence.