Caravan parks

It is unlawful for a park or caravan owner to discriminate against you when you apply to become a resident. For example, they cannot refuse you accommodation on the basis of personal attributes such as age, race, religion, disability, employment activity and gender identity.

You can see a longer list of personal attributes protected by law in Consumer Affairs Victoria’s Statement of information for caravan and caravan park applicants [Word]. Park and caravan owners must include the information in this statement in all application forms for caravan park residents.

If you think you have been discriminated against, you can report it to the Victorian Equal Opportunity and Human Rights Commission. Find out more on our page about reporting discrimination.

Park and caravan owners must tell you certain things before they enter into a residency agreement with you.

The park owner must tell you:

• The park rules
• The amenities available for use in the park
• If the park owner is planning to sell the park
• If a mortgagee (such as a bank) is taking legal action to repossess the park
• Whether the park owner owns the land
• Whether the park or site is in a flood area
• Whether the park or site has a history of subsidence (sinking)
• Whether the park is operating under a lease
• Whether electricity is supplied to sites through an embedded network. See more on this page about embedded electricity networks

The caravan owner must tell you:

• If they are intending to sell the caravan
• If a mortgagee (such as a bank) is taking legal action to repossess the caravan

The park and caravan owner must give you this information using the Consumer Affairs Victoria form: Notice to prospective caravan park resident [Word].

If they do not give you this information, they have committed an offence under Victoria’s rental laws and you can report them to Consumer Affairs Victoria. To find out how to report them, see the information on this page about disputes and complaints.

From 29 March 2021, certain terms are prohibited (banned) from new residency agreements. For example, the park or caravan owner cannot:

• Force you to pay rent in a way that attracts fees (other than regular bank fees)
• Ask you to pay a fee for preparing a residency agreement
• Say that if you do not breach the rental agreement, you may receive a rent reduction or other benefit

Our page about rental agreements (leases) has the full list of prohibited terms (note that this page is written for private rentals, but the list of prohibited terms also applies to caravan parks).

If the park or caravan owner includes a prohibited term in your residency agreement, they cannot enforce it. If they refuse to remove a prohibited term, you can apply to VCAT for an order that says they must vary or remove it. Our website has more information about going to VCAT.

It is against the law for a park or caravan owner, or you, to include a prohibited term in a residency agreement. To report the offence to Consumer Affairs Victoria, see the information on this page about disputes and complaints.

If you enter into a written agreement with a park or caravan owner, make sure they give you a copy of the agreement.

On or before the day you move in, they must also give you:

• A copy of Consumer Affairs Victoria’s caravan park guide
• A copy of the park rules. Find out more on this page about park rules
• An electronic copy, or 2 paper copies, of a completed condition report, signed by the owner or their agent. See more on this page about condition reports
• The owner’s full name and phone number (or their agent’s), and an address where you can send notices and documents
• If there is an agent, a written statement about whether they can approve urgent repairs and the amount they can approve
• An emergency phone number for the owner or their agent, in case urgent repairs are needed
• A statement that tells you the amount the owner will charge you:
  • In extra rent or hiring charges if you have visitors staying with you
  • To store or remove your caravan (given by park owners only)

The park and caravan owner have a legal duty to give you this information. If anything is going to change, they must give you at least 7 days written notice. If they don’t do these things, you can give them a ‘notice of breach of duty’ asking them to fix the situation. Find out more on this page about giving a notice of breach of duty.

The condition report says what the site or caravan (if you are hiring one) was like when you moved in. The park or caravan owner must give you the condition report before you move in, either as an electronic copy or 2 paper copies. If you are renting a site and hiring a caravan, you should get a condition report for the site and a condition report for the caravan.

You have 5 business days from your move-in date to add comments and return the condition report to the park or caravan owner. Be sure to inspect the site and/or caravan carefully, take photos and videos, and add your comments to the report. A detailed condition report can help you dispute any claims from the owner about cleaning or damage when you move out.

Sign your completed condition report and return a copy to the park or caravan owner. Store your copy safely in case you need it when you move out.

It is a legal requirement for park and caravan owners to give you a condition report before you move in. If they don’t, you can report them to Consumer Affairs Victoria. See the information on this page about disputes and complaints.

Find out more on our page about condition reports.

If you have signed a residency agreement with the park or caravan owner, they can ask you to pay a bond when you move in. A bond is like a security payment in case there is disagreement when you move out over something like unpaid rent, cleaning or damage.

The park owner cannot ask you to pay a bond worth more than one month’s rent for the site. The caravan owner cannot ask for a bond of more than one month’s hiring charge for the caravan.

Find out more on our page about bonds.

You are usually asked to pay the rent and hiring charge in advance.

At the start of your stay, you cannot be asked to pay more than:

• 14 days rent in advance
• 28 days hiring charge in advance

You should get a receipt every time you pay, specifying whether the money was for the rent or for the hiring charge. If the park or caravan owner refuses to give you a receipt, you can report them to Consumer Affairs Victoria. Find out more on this page about disputes and complaints.

Park and caravan owners can only increase your rent and hiring charge once every 12 months. They must let you know using an official Consumer Affairs Victoria form and they must give you the correct amount of notice, which depends on the type of residency agreement you have.

If you have visitors staying with you, the park or caravan owner can charge you extra rent or hiring charges. They must tell you how much they will charge you for visitors before you move in.

If you think an increase to your rent or hiring charge is unreasonable, or that the park or caravan owner has not followed the rules, you can challenge it.

If you are 7 days or more overdue in rent or hiring charges, the park or caravan owner can give you a 7-day ‘notice to vacate’. A notice to vacate is a written request that you move out. Park and caravan owners must use the official ‘notice to vacate’ form from Consumer Affairs Victoria.

Getting a notice to vacate doesn’t always mean you have to move out. The best first step is usually to contact the park or caravan owner to discuss how you can catch up on the payments. If you agree to anything, get it in writing. If they don’t cooperate, and you don’t leave by the date they ask, they can apply to VCAT for a ‘possession order’. You can go to the VCAT hearing and tell your side of the story. If you can show that you will be able to catch up on the overdue rent or hiring charges over a reasonable period of time, VCAT may place you on a payment plan rather than order that you move out.

Find out more on our page about notices to vacate and eviction.

Some caravan parks supply electricity via an ‘embedded network’. This is similar to having a separate meter. The park owner buys electricity in bulk then sells it to residents, charging you for the amount you use.

If the park owner is supplying electricity through an embedded network, they need to be registered with the Essential Services Commission. You can contact the commission to check if the embedded network has been registered.

The park owner must bill you at least once every 3 months, clearly stating how much electricity you used, when they checked how much you used, and how they calculated what you must pay. If you think you are paying too much, and the park owner disagrees, you can contact the Victorian Energy and Water Ombudsman. They support people who have problems with electricity, gas and water companies.

You can also contact Tenants Victoria and other organisations for help. This page has information about getting help.

The park owner must tell you if there is an embedded network before you sign a residency agreement.

If you get an unusually high bill for electricity, gas, water, drainage or sewerage due to a fault in the infrastructure, fixtures or buildings at the caravan park, the park owner is responsible for the extra amount on your bill. If the fault is in your hired caravan, the caravan owner is responsible for the extra amount.

However, the park or caravan owner is not responsible if the fault was caused by your actions or if you did not let them know about the excessive usage as soon as you could. If it is not clear who is responsible for the extra charges, you can apply to VCAT for a decision on whether you or the park owner must pay the bill.

If you believe you have paid for something that is the responsibility of the park owner, the caravan owner or a utility supplier, they may be required to repay you. Find out more on our page about claiming compensation.

If you need legal advice, this page says where you can get help.

If you are hiring a caravan, and an appliance that uses or supplies water needs to be replaced, the caravan owner must replace it with one that meets the minimum standard for efficiency, which is a 3-star rating. The only exception is if such an appliance cannot be installed, or cannot operate effectively, due to the age, nature and structure of the plumbing in the caravan.

If the caravan owner replaces an appliance such as a dishwasher or tap with one that does not meet the minimum standard for efficiency, you may get an unusually high water bill. If this happens, you can claim compensation from the caravan owner for the entire cost of your water bills until they install an appliance that does meet the minimum standard. Find out more on our page about claiming compensation.

See the Australian Government website for water rating.

These duties apply to park owners and to caravan owners who are hiring out their caravans.

Duties include:

• Giving you specific information on, or before, the day you move in, including their address and contact details, emergency contacts for urgent repairs, a caravan park guide, the park rules, extra charges for visitors, and fees for storing or removing caravans. This page has the full list of things you should receive from the owner
• Giving you at least 7 days written notice if any of this information is to change
• Enforcing the park rules fairly, ensuring all residents follow them, and consulting with you about any proposed changes to the rules. See more on this page about the park rules
• Giving you 24-hour vehicle access to the caravan park and all sites. Note that they cannot charge you for an initial key or device for accessing the park with your vehicle, but they can charge a reasonable fee for additional or replacement keys or devices
• Giving you 24-hour access to the communal bathroom and toilet facilities
• Giving you access during ‘reasonable’ hours to recreational areas, laundries and other communal facilities
• Not unreasonably disturbing your privacy, peace and quiet or your proper use and enjoyment of the caravan, site and communal facilities. This includes not entering your site or caravan without your consent or without giving you the correct notice
• Maintaining the park and the communal facilities in good repair, keeping them clean and safe, and arranging for rubbish collection
• Maintaining your site and caravan (if you are hiring it) in good repair
• Arranging for urgent and non-urgent repairs to be done by qualified people within the required timeframes. Find out more on our page about repairs and maintenance
• Minimising inconvenience or disruption to you during repairs or renovations to communal facilities, and providing temporary substitute facilities where necessary
• Not unreasonably refusing consent if you have a disability and need to make modifications to the site or caravan (if you are hiring it) to meet your specific needs, and you agree to remove the modifications when you move out
• Not charging you for excessive use of utilities or services when the excessive usage was caused by a fault in the infrastructure, fixtures or buildings at the caravan park. See more on this page about excessive usage due to faults
• If you are hiring your caravan, making sure any replacement appliances, fixtures or fittings in your caravan that use or supply water meet the minimum standard for efficiency. See more on this page about appliances that do not meet efficiency standards

If the park or caravan owner does not follow these duties, you can give them a ‘notice of breach of duty’. This notice tells them they must fix the problem and/or pay you compensation for any loss you suffered because of their breach. Find out more on this page about giving a notice of breach of duty.

For more on park and caravan owner duties regarding maintenance, cleanliness and urgent repairs, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines to help renters and rental providers (such as park and caravan owners) follow their duties under the rental law.

As a caravan park resident, you also have duties under Victoria’s rental laws.

These duties include:

• Using the site for residential purposes only, and using the site, caravan park and facilities properly and making sure your visitors do the same
• Not using the site, or allowing it to be used, for anything illegal
• Paying rent and hiring charges (if you are hiring your caravan) when they are due and in the agreed way
• Not unreasonably interfering with, or allowing your visitors to interfere with, the privacy, peace and quiet of other residents and their visitors, or their proper use and enjoyment of the caravan park
• Keeping the site and caravan (if you are hiring it) reasonably clean and tidy and, when you move out, leaving them in the same condition as when you moved in, apart from fair wear and tear
• If you own your caravan, keeping it in good repair and making sure it is safe to live in and does not pose a significant health risk
• Not modifying the site or caravan park without written consent from the park owner
• Not modifying the caravan (if you are hiring it) without written consent from the caravan owner
• Maintaining the site and caravan to the extent that they don’t detract from the general standard of the caravan park, as set by the park owner (unless the park owner is responsible for the maintenance)
• Notifying the owner of any damage to the caravan, site, caravan park or facilities, including any damage caused by you or your visitors. If there is a dispute about who should pay for repairs, see our page on disputing bond and compensation claims
• Making sure no more than the agreed number of people live on the site
• Following the park rules. See more on this page about the park rules
• Returning any keys or devices given to you for vehicle access to the caravan park when you move out

If you don’t follow these duties, the park or caravan owner may give you a ‘notice of breach of duty’. This notice will ask you to fix the problem and/or pay compensation for any loss they suffered because of your breach. Find out more on this page about getting a notice of breach of duty.

For more on your duties regarding maintenance, cleanliness, damage and fair wear and tear, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines to help renters and rental providers (such as park and caravan owners) follow their duties under the rental law.

A ‘notice of breach of duty’ is a specific form telling someone they have breached (not followed) their duties under Victoria’s rental laws. You can give a notice of breach of duty to the park or caravan owner, or they can give one to you.

A notice of breach of duty does not, by itself, prove that someone has breached their duties. However, giving this notice is usually the first step in making sure people follow their legal obligations. It can also be the first step towards claiming compensation if you have suffered a loss because of the breach.

Giving a notice of breach of duty to the park or caravan owner

If the park or caravan owner has failed to carry out their duties under Victoria’s rental laws, you can give them a notice of breach of duty. This tells them they must fix the problem and not do it again, and/or pay you compensation for any loss you suffered because of their breach. See our page about claiming compensation.

You can download and complete the Consumer Affairs Victoria form: Notice of breach of duty to owner of caravan or caravan park [Word].

If the matter is urgent, you may want to apply to VCAT for a restraining order instead. This is a VCAT order that tells someone they must do something, or stop doing something. For example, if the park owner has stopped you from accessing the park, VCAT may make a restraining order telling them to restore your 24-hour access. Our website has more information about going to VCAT.

If you need assistance with completing the ‘notice of breach of duty’ form or applying for a restraining order, see the information on this page about getting help.

Getting a notice of breach of duty from the park or caravan owner

If you fail to carry out your duties under Victoria’s rental laws, the park or caravan owner can give you a notice of breach of duty telling you to fix the problem and not do it again, and/or pay them compensation for any loss they suffered because of your breach. See our page about disputing bond and compensation claims.

If you receive a notice of breach of duty and need legal advice, see the information on this page about getting help

If the park owner wants to change the park rules, they must first consult with the residents. If they change the park rules without consultation, the changed rules are not valid or enforceable.

As a resident, you should receive information about proposed changes in writing from the park owner, and be given 14 days to respond in writing. The park owner must consider and respond to all written responses they receive from residents.

If the park owner does not comply with these duties, you can give them a notice of breach of duty asking them to fix the issue. Find out more on this page about giving a notice of breach of duty.

You can also report the park owner to Consumer Affairs Victoria if they do not consult with residents or give proper notice about changes to park rules. Find out more on this page about disputes and complaints.

If you think any of the park rules are unfair or unreasonable, you can apply to VCAT to have them removed. This website has more information about going to VCAT.

Generally, you should obey the park rules until VCAT makes its decision.

If you need legal advice, this page says where you can get help.

RDRV is a free service that helps resolve rental disputes early, without needing to go to a formal hearing at VCAT.

RDRV deals with issues relating to:

• Bonds
• Claiming compensation
• Disputing bond and compensation claims
• Repairs and maintenance

At RDRV a resolution coordinator guides discussion between you and the park or caravan owner as you try to negotiate an agreement. This is usually done by phone or videoconference. If you do not resolve the dispute through RDRV, it will go to VCAT for a formal hearing.

For more on applying to RDRV and the dispute resolution process, see our page about going to RDRV (Rental Dispute Resolution Victoria).

For disputes about issues such as eviction, ending your residency agreement and other complex matters, you will need to apply straight to VCAT for a formal hearing.

If you have a dispute with the park or caravan owner, VCAT can make the final decision. It is not a court but its decision must be followed.

If you apply to VCAT to resolve a dispute, there may be an application fee. However, if you are eligible for a fee waiver you won’t have to pay it.

VCAT will let you know when and where the hearing will take place and what you need to bring.

At the hearing, you will need to prove to VCAT that the park or caravan owner breached (did not follow) their duties under the law. In some circumstances, you may need to show that you gave the owner a notice of breach of duty before applying to VCAT. See more on this page about giving the park or caravan owner a notice of breach of duty.

For more information, see our page about going to VCAT.

To make a complaint about a park or caravan owner, you can use the Consumer Affairs Victoria general complaint form or call 1300 558 181.

Consumer Affairs Victoria may send the park or caravan owner a warning letter or a fine, or even take them to court, for the most serious matters. Going to court could mean bigger fines or even a criminal conviction.

If you believe you have been harassed or discriminated against, you can make a complaint to the Victorian Equal Opportunity and Human Rights Commission. Use the make a complaint form on the commission’s website or call 1300 292 153.

You can also see more on our page about reporting discrimination.

If someone has harmed you or your property, or threatened to do so, you should contact Victoria Police. If you are in immediate danger or feel unsafe, call the police on 000.

You can also consider applying for a personal safety intervention order through the Magistrates’ Court of Victoria, which can help protect you from that person. The Magistrates’ Court website has more about personal safety intervention orders.

If you are living in a caravan park and need advice on your rental rights, help is available.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of caravan park residents and park and caravan owners in numbered sections.

The sections in this list relate to the information on this page. For sections relating to other topics, go to the topic page and scroll down to the law list for that topic.

Click on a link to see the section in the Act.

• Section 144 – Residency Agreements
• Section 144AA – Prohibited terms – general
• Section 144AC – Offence to include prohibited term in residency agreement
• Section 144A – Harsh and unconscionable terms
• Section 144B – Application to VCAT to order preparation of agreement
• Section 145A – Discrimination statement
• Section 145B – Discrimination is unlawful
• Section 145C – Restriction on use of personal information
• Section 145D – Park or caravan owner must not ask for certain information
• Section 145E – Information that must be given before entering into an agreement
• Section 152 – Required notice for rent or hiring charge increases
• Section 157 – Additional rent for visitors
• Section 158 – Additional hiring charges for visitors
• Section 162 – Resident’s liability for electricity, gas and water charges
• Section 163 – Caravan park owner’s liability for electricity, gas and water charges
• Section 164 – Owner’s responsibility for charges for non-complying appliances
• Section 165 – Reimbursement
• Section 167 – Resident’s use of site
• Section 168 – Resident must not use site for illegal purpose
• Section 169 – Resident’s duty to pay rent and hiring charge
• Section 170 – Quiet enjoyment – resident’s duty
• Section 171 – Resident must keep and leave site reasonably clean
• Section 171A – Resident must keep caravan in good repair
• Section 171B – Resident must not make modifications without consent
• Section 173 – Resident must notify and compensate for damage
• Section 174 – Number of persons residing on site
• Section 175 – Resident must observe park rules
• Section 176 – Caravan park owner must provide access
• Section 177 – Quiet enjoyment – caravan park owner’s duty
• Section 178 – Caravan park owner must keep park clean and safe
• Section 178A – Caravan park owner must maintain site in good repair
• Section 179 – Duty of caravan park owner to maintain communal areas
• Section 180 – Maintenance and repair of caravans
• Section 180A – Park and caravan owner’s liability for excessive usage caused by faults
• Section 180B – Application to VCAT about excessive usage charges
• Section 181 – Owner must ensure appliances with an efficiency rating system installed
• Section 182 – Statement of rights and copy of park rules
• Section 183 – Statement of scale of certain charges, fees and commissions
• Section 184 – Owner to give additional information
• Section 185 – Caravan park rules
• Section 186 – Duties relating to caravan park rules
• Section 187 – Unreasonable caravan park rules
• Section 206AF – Offences relating to interference with rights

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 set out the requirements and standards of structures, facilities and services in caravan parks.