Victorian Numbered Acts Victorian Numbered ActsAfter Division 8 of Part 4 of the Principal Act insert —
A residency right in respect of a site or caravan in a caravan park ends if—
(a) the resident vacates the site or caravan after giving a notice of intention to vacate to the caravan park owner or caravan owner; or
(b) the resident vacates the site or caravan after being given a notice to vacate.
A residency right in respect of a site or caravan in a caravan park may be ended by agreement between the resident and the caravan park owner or caravan owner.
If the Tribunal makes a possession order in respect of a caravan or site, a residency right ends on the day that the warrant of possession is executed.
A residency right ends if the resident abandons the site or caravan.
Except in accordance with this Act, a person must not—
(a) require or force a resident to vacate a site or a caravan; or
(b) take or attempt to take possession of a site by removing the caravan in which the resident resides; or
(c) exclude or attempt to exclude from or restrict or attempt to restrict access to the site or the caravan or the caravan park in which either is situated; or
(d) take or attempt to take possession of the caravan in which a resident resides; or
(e) interfere with the peace and comfort of a resident for the purposes of causing the resident to abandon the site or the caravan; or
(f) withdraw or restrict services or facilities which are reasonably required for the occupation of a site or a caravan as a residence for the purposes of causing the resident to abandon the site or caravan.
Penalty: 150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.
(1) A person specified in subsection (2) may apply to the Tribunal for—
(a) an order terminating the existing agreement under section 144; or
(b) an order—
(i) terminating the existing agreement under section 144; and
(ii) requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 with the persons and other persons (if any) specified in the application.
(2) For the purposes of subsection (1), the following persons are specified—
(a) a party to the existing agreement under section 144 who—
(i) has been or is being subjected to family violence by another party to the existing agreement; or
(ii) is a protected person under a personal safety intervention order made against another party to the existing agreement;
(b) a person—
(i) who is residing on the site or occupying a caravan as the person's principal place of residence; and
(ii) who is not a party to the agreement under section 144; and
(iii) who—
(A) has been or is being subjected to family violence by a party to the existing agreement; or
(B) is a protected person under a personal safety intervention order made against a party to the existing agreement.
(3) For the purposes of subsection (2), a reference to a person who has been or is being subjected to family violence includes a person who is a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.
(4) An application under subsection (1) may be made without the consent of the caravan park owner or caravan owner (as the case may be) or any other party to the existing agreement under section 144.
(5) If a person specified in subsection (2) is a child, an application under subsection (1) may be made on that child's behalf by a parent or guardian of the child who lives in the caravan or at the caravan park (as the case may be) with the child.
(6) For the purposes of a proceeding in relation to an application for an order under subsection (1), each of the following persons is a party to the proceeding—
(a) the applicant or a person on whose behalf the application was made;
(b) the caravan park owner or caravan owner (as the case may be);
(c) any resident who is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2);
(d) any other existing residents of the site or caravan.
(7) The Tribunal must hear an application under subsection (1)—
(a) within 3 business days of the application being made; or
(b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(1) On an application under section 206AG(1), if satisfied as to the matters set out in subsection (2), the Tribunal may make—
(a) an order terminating the existing agreement under section 144; or
(b) an order—
(i) terminating the existing agreement under section 144; and
(ii) requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 with the persons and other persons (if any) specified in the application.
(2) For the purposes of subsection (1), the matters are—
(a) the specified person and other persons (if any) could reasonably be expected to comply with the duties of a resident under an agreement under section 144; and
(b) the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the site, caravan or caravan park; and
(c) the hardship suffered by the specified person would be greater than any hardship the caravan park owner or caravan owner (as the case may be) would suffer if the order were made; and
(d) if a resident is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the order or notice and the length of the existing agreement under section 144; and
(e) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing agreement under section 144 and, in particular, whether the other residents support the specified person's application.
(3) In determining an application under section 206AG(1), the Tribunal must take into account the following matters in relation to family violence or personal violence—
(a) whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person;
(b) if an application for a family violence intervention safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the person—
(i) whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and
(ii) if there is a notice or an order in effect, whether a resident is excluded from the site, caravan or caravan park under the notice or order;
(c) any prescribed matters;
(d) any other matter the Tribunal considers relevant.
(4) If the Tribunal makes an order under subsection (1)(b), the new agreement under section 144—
(a) is subject to the same rent and frequency of rent payments as the existing agreement; and
(b) if the existing agreement is for a specified period of occupancy, runs for a term not longer than the remainder of that specified period; and
(c) otherwise, is on the same terms and conditions as the existing agreement, subject to any changes the Tribunal determines.
(5) If the Tribunal makes an order under subsection (1)(a), the Tribunal must specify the date on which the existing agreement under section 144 terminates.
(6) If the Tribunal makes an order under subsection (1)(b), the existing agreement under section 144 is terminated on the signing of the new agreement.
(7) If the Tribunal makes an order under subsection (1), it may also make the following orders—
(a) an order that the caravan park owner or caravan owner (as the case may be) must ensure that the specified person has access to the caravan and caravan park to remove the person's goods;
(b) an order that caravan park owner or caravan owner (as the case may be) must not list information about the person on a residential tenancy database within the meaning of Part 10A.
(8) In this section—
"specified person" means a person specified in section 206AG(2).
(1) If the Tribunal decides to make an order under section 206AH(1), the Tribunal may determine the liability of any of the following persons in relation to any of the matters specified in subsection (2)—
(a) a resident who is excluded from a site, caravan or caravan park under—
(i) a family violence safety notice; or
(ii) a family violence intervention order; or
(iii) a recognised non-local DVO; or
(iv) a personal safety intervention order;
(b) a person specified in section 206AG(2);
(c) any other resident under the existing agreement under section 144.
(2) For the purposes of subsection (1), the specified matters are—
(a) liabilities relating to outstanding rent; and
(b) liabilities relating to damage caused to the site, caravan or caravan park; and
(c) liabilities relating to outstanding utility charges.
(3) To remove doubt, the termination of an agreement under section 206AH does not give rise to a right to claim compensation on the part of any party to the agreement for early termination of the agreement.
(1) Unless the Tribunal gives leave, in a proceeding on an application under section 201AG(1)—
(a) a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and
(b) a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.
(2) For the purposes of subsection (1), a reference to a person subjected to family violence includes a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.
(3) The Tribunal may give leave under subsection (1) with or without conditions.
(4) If leave is given under subsection (1), the resident may only cross-examine the person subjected to family violence or the protected person—
(a) as to those matters set out in section 206AH(2); and
(b) in accordance with any conditions to which the leave granted is subject.
(1) A resident must give the caravan park owner at least 7 days notice of intention to vacate the site occupied by the resident.
(2) A resident who hires a caravan from a caravan owner must give the caravan owner at least 7 days notice of intention to vacate the caravan.
(1) A resident may give a notice of intention to vacate a caravan if the caravan—
(a) is unfit for human habitation; or
(b) has been destroyed totally or to such an extent as to be rendered unsafe.
(2) The notice may specify a termination date that is the date on which the notice is given or a later date.
(3) The notice under subsection (1) must be given to—
(a) the caravan owner or the caravan owner's agent; and
(b) the caravan park owner or the caravan park owner's agent.
(1) A resident who vacates a site without giving notice must pay to the caravan park owner the rent for the lesser of the following periods—
(a) 7 days after vacating the site; or
(b) until another resident takes up occupancy of the site.
Penalty: 25 penalty units.
(2) A resident who vacates a caravan without giving notice must pay to the caravan owner the hiring charge for the lesser of the following periods—
(a) 7 days after vacating the caravan; or
(b) until another resident takes up occupancy of the caravan.
Penalty: 25 penalty units.
(1) A resident who vacates a site before the day specified in the notice of intention to vacate the site must pay to the caravan park owner the rent for the period from the day the resident vacated the site until the day specified in the notice.
(2) A resident who vacates a caravan before the day specified in the notice of intention to vacate the caravan must pay to the caravan owner the hiring charge for the period from the day the resident vacated the caravan until the day specified in the notice.
(1) A resident abandons a site or caravan if the resident leaves it without any intention of returning and—
(a) without first giving notice of intention to vacate to the caravan park owner or the caravan owner; or
(b) without first obtaining the agreement of the caravan park owner or the caravan owner.
(2) A resident may be regarded as having no intention of returning if—
(a) the resident has not occupied the site or caravan for a period of at least 14 days and has not paid any rent or hiring charges for that period; or
(b) the resident has left the site or caravan and in all the circumstances it would be unreasonable to expect the resident to return.
(1) If a caravan park owner or caravan owner believes that a resident has abandoned a site or caravan, the caravan park owner or caravan owner may apply to the Tribunal for an order declaring that the resident has abandoned the site or caravan.
(2) An application under subsection (1) must be heard by the Tribunal within 5 business days after the application is made.
(3) On an application under subsection (1), the Tribunal may by order declare that the site or caravan was abandoned by the resident on a day specified by the Tribunal.
(4) The resident is deemed to have abandoned the caravan or site on that specified day.
(5) The caravan park owner may also apply to the Tribunal for an order—
(a) requiring the caravan mortgagee to pay rent until the caravan is removed from the site; and
(b) fixing the amount of that rent.
(6) The rent is payable by the caravan mortgagee from the seventh day after the caravan park owner gives notice in writing to the caravan mortgagee of the orders under subsections (3) and (5).
(1) A caravan park owner may give a resident a notice to vacate a site if the resident or the resident's visitor, whether by act or omission, intentionally or recklessly causes serious damage to—
(a) the site; or
(b) the caravan park, including any common areas; or
(c) any facility in the caravan park, including any safety equipment.
Example
Safety equipment such as smoke alarms.
(2) A caravan owner may give a resident a notice to vacate a caravan if the resident or a resident's visitor, whether by act or omission, intentionally or recklessly causes serious damage to a caravan hired from a caravan owner, including any safety equipment.
Example
Safety equipment such as smoke alarms.
(3) The notice may specify a termination date that is the date on which the notice is given or a later date.
(1) A caravan park owner may give a resident a notice to vacate a site if the resident or the resident's visitor by act or omission endangers the safety of—
(a) any person or property in the caravan park; or
(b) the caravan park owner or the owner's agent; or
(c) a contractor or employee of a person referred to in paragraph (b).
(2) The notice may specify a termination date that is the date on which the notice is given or a later date.
(3) A caravan park owner is not entitled to give a notice to vacate under subsection (1) if a notice to leave under section 368 has been given in respect of that act or omission.
(1) A caravan park owner may give a resident a notice to vacate a site if the resident or any other person residing at the site occupied by the resident has seriously threatened or intimidated—
(a) the caravan park owner or the owner's agent; or
(b) a contractor or employee of a person referred to in paragraph (a).
(2) The notice must specify a termination date that is not less than 14 days after the date on which the notice is given.
(1) A caravan park owner may give a resident a notice to vacate a site if the resident or the resident's visitor seriously interrupts the quiet and peaceful enjoyment of the caravan park by other occupiers.
(2) The notice may require the resident to vacate the site immediately.
(1) A caravan park owner may give a resident a notice to vacate a site if the resident owes at least 7 days rent to the caravan park owner.
(2) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given.
(1) A caravan owner may give a resident a notice to vacate a caravan if the resident owes at least 7 days hiring charges to the caravan owner.
(2) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given.
(1) A caravan park owner or caravan owner may give a resident a notice to vacate a site or caravan if the resident fails to comply with an order of the Tribunal under section 212.
(2) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given.
(1) A caravan park owner or caravan owner may give a resident a notice to vacate a site or caravan without first serving a breach of duty notice if—
(a) the resident has breached a duty provision; and
(b) on 2 previous occasions the resident has been in breach of the same provision; and
(c) the caravan park owner or caravan owner or that person's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the resident.
(2) If the caravan park owner or caravan owner gives a breach of duty notice to the resident in respect of the breach of a duty provision, the caravan park owner or caravan owner must not give the resident a notice to vacate under this section unless the resident has not complied with the breach of duty notice within the required time.
(3) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given.
(1) A caravan park owner or caravan owner may give a resident a notice to vacate a site or caravan if the resident has used the site or caravan or permitted its use for any purpose that is illegal at common law or under an Act.
(2) The notice must specify a termination date that is not less than 7 days after the date on which the notice is given.
(1) A caravan park owner may give a resident a notice to vacate a site if, immediately after the termination date, a caravan owned by the caravan park owner and occupied by the resident is to be sold.
(2) If a caravan park owner has entered into a contract of sale of a caravan owned by the caravan park owner and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the caravan park owner may, within 14 days after the last of those conditions is satisfied, give a resident a notice to vacate the caravan occupied by the resident.
(3) If a caravan park owner has entered into a contract of sale of a caravan owned by the caravan park owner which is not a contract of sale of the kind referred to in subsection (2), the caravan park owner may, within 14 days after the contract of sale is entered into, give a resident a notice to vacate the caravan occupied by the resident.
(4) A caravan owner may give a resident a notice to vacate a caravan if immediately after the termination date a caravan owned by the caravan owner and occupied by the resident is to be sold.
(5) If a caravan owner has entered into a contract of sale of a caravan owned by the caravan owner and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the caravan owner may, within 14 days after the last of those conditions is satisfied, give a resident a notice to vacate the caravan occupied by the resident.
(6) If a caravan owner has entered into a contract of sale of a caravan owned by the caravan owner which is not a contract of sale of the kind referred to in subsection (5), the caravan owner may, within 14 days after the contract of sale is entered into, give a resident a notice to vacate the caravan occupied by the resident.
(7) A notice under this section must specify a termination date that is not less than 60 days after the date on which the notice is given.
(8) If an agreement under section 144 specifies a day on which the term of occupancy is to end, a notice under this section cannot specify a termination date that is earlier than the day on which the occupancy is to end.
(1) Subject to subsection (2), a caravan park owner may give a resident a notice to vacate a site if the caravan park is to be closed.
(2) At least 14 days before giving a notice to vacate under subsection (1), the caravan park owner must give written notification to the municipal council in which the caravan park is situated of the proposed closure of that park.
Penalty: in the case of a natural person, 60 penalty units;
in the case of a body corporate, 300 penalty units.
(3) The notice must specify a termination date that is not less than 6 months after the date on which the notice is given.
Note
See also section 215A in relation to compensation for eligible residents and effect on validity of notice to vacate.
(4) If an agreement under section 144 specifies a day on which the term of occupancy is to end, the notice cannot specify a termination date that is earlier than the day on which the occupancy is to end.
(5) Failure to give the written notification under subsection (2) does not invalidate any notice to vacate given under subsection (1).
(1) This section applies if a resident has hired a caravan for a fixed term.
(2) A caravan owner may give a resident a notice to vacate a caravan if—
(a) the caravan owner intends to personally occupy the caravan; or
(b) the caravan owner intends to make it available for occupation by—
(i) the owner's partner, child, parent or partner's parent; or
(ii) another person who normally lives with the caravan owner and is wholly or substantially dependent on the caravan owner.
(3) The notice must specify a termination date that is not less than 14 days after the end of the fixed term.
(1) A caravan park owner must not rent a site vacated under section 206AZ or 206AZA for 6 months after the site is vacated.
Penalty: 150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.
(2) A caravan owner must not hire out a caravan vacated under section 206AZ or 206AZB for 6 months after the caravan is vacated.
Penalty: 150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.
(3) Subsection (1) does not apply if the Tribunal determines that the site may be rented.
(4) Subsection (2) does not apply if—
(a) the Tribunal determines that the caravan may be hired out; or
(b) the caravan is vacated under section 206AZB and the caravan is hired out to a person referred to in that section.
(1) A caravan park owner, before the end of a specified period of occupancy in an agreement under section 144, may give a resident a notice to vacate a site at the end of the specified period.
(2) A caravan owner, before the end of a specified
period of occupancy in an agreement under section 144, may
give a resident a notice to vacate a caravan at the end of
the specified
period.
(3) The notice to vacate must specify a termination date that is on or after the date of the end of the specified period of occupancy in the agreement under section 144.
(4) The notice to vacate must specify a termination date that is not less than 60 days after the date on which the notice to vacate is given.
(1) A notice to vacate under section 206AZ, 206AZA, 206AZB and 206AZD(1) or (2) is of no effect if it was given in response to—
(a) the exercise, or proposed exercise, by the resident of a right under this Act or the residency right; or
(b) the resident making a report under section 173(2).
(2) A notice to vacate under section 206AS is of no effect if it was given in response to the exercise, or proposed exercise, by the resident of a right under this Act or the residency right.
(3) A notice to vacate given under section 206AZ, 206AZA, 206AZB and 206AZD(1) or (2) is of no effect if the giving of the notice would constitute direct discrimination within the meaning of the Equal Opportunity Act 2010 .
(4) A person is not entitled to apply to the Tribunal challenging the validity of a notice to vacate referred to in subsection (1), (2) or (3) after the end of 60 days after the date on which the notice to vacate is given.
(1) A caravan park mortgagee may give a resident a notice to vacate a site if the caravan park mortgagee becomes entitled to possession of, or to exercise a power of sale in respect of, the caravan park under a mortgage.
(2) The notice must specify a termination date that is—
(a) not less than 90 days after the date on which the notice is given if the mortgage was given before the resident obtained a residency right; or
(b) not less than 6 months after the date on which the notice is given if the mortgage was given after the resident obtained a residency right.
(1) A caravan mortgagee may give a resident who is not the caravan mortgagor a notice to vacate a caravan if the caravan mortgagee becomes entitled to possession of the caravan under a security.
(2) The notice must specify a termination date that is—
(a) not less than 30 days after the date on which the notice is given if the security was given before the resident obtained a residency right; or
(b) not less than 6 months after the date on which the notice is given if the mortgage was given after the resident obtained a residency right.
(3) If a caravan mortgagee becomes entitled to possession of a caravan under a security given by a resident who is the caravan mortgagor, the caravan mortgagee may exercise the rights given under the security.
A notice of intention to vacate a caravan or site in a caravan park is not valid unless—
(a) it is in writing; and
(b) it is signed by the person giving the notice or by that person's agent.
A notice to vacate a caravan or site in a caravan park given under this Division is not valid unless—
(a) it is in the relevant prescribed form; and
(b) it is addressed to the resident; and
(c) it is signed by the person giving the notice or by that person's agent; and
(d) it specifies the reason or reasons for giving the notice; and
(e) in the case of a notice to vacate given under section 206AZ or 206AZB, it is accompanied by documentary evidence, as approved by the Director from time to time, which supports the reason for giving the notice to vacate; and
Note
See section 486A.
(f) it specifies the termination date which is the date by which compliance is required.
If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division—
(a) the invalidity of any of the notices does not affect the validity of any other notice; and
(b) each valid notice has full force and effect.
(1) A notice of intention to vacate or a notice to vacate given under this Division is withdrawn only if a notice of withdrawal is given.
(2) A notice of withdrawal must be—
(a) in writing; and
(b) signed by the person who gave the notice; and
(c) signed by the person to whom the notice was given.
Nothing in this Subdivision affects any right a resident may have to challenge the validity of any other notice to vacate under this Act.
(1) On or before the hearing of an application for a possession order in respect of a notice to vacate given under section 206AZ, a resident who has received the notice to vacate may apply to the Tribunal challenging the validity of the notice to vacate.
(2) An application under subsection (1) must be made within 30 days after the notice to vacate is given.
(1) On an application under section 206AZM, the Tribunal may determine whether or not the notice to vacate is valid.
(2) If the Tribunal determines that the notice to vacate is valid, the resident is not entitled to further apply to the Tribunal to challenge the validity of the notice to vacate unless the Tribunal is satisfied that exceptional circumstances exist which justify reconsideration of the determination made under this section.
(3) Nothing in subsection (2) affects the operation of section 479.
(1) On or before the hearing of an application for a possession order, a resident who has received a notice to vacate under section 206AQ, 206AR, 206AS, 206AT, 206AW, 206AX or 206AY may apply to the Tribunal challenging the validity of the notice to vacate on the grounds that the relevant act or breach for which the notice to vacate was given was caused by the act of a person who has subjected the resident to family violence or personal violence.
(2) An application under subsection (1) must be made within 30 days after the notice to vacate is given.
On an application under section 206AZO, the Tribunal must make an order that the notice to vacate is invalid if satisfied that—
(a) the applicant has been, or is being, subjected to family violence or personal violence; and
(b) the relevant act or breach on which the notice to vacate was given was caused by the act of a person who has subjected the applicant to family violence or personal violence.".