Rental home is being sold
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This information is a guide and should not be used as a substitute for professional legal advice.
Summary
The caravan owner – who may also be the caravan park owner – can sell your caravan, even if you have a fixed-term residency agreement. However, there are rules the caravan owner must follow. These include what type of notice they must give you to enter your home, and how and when they can enter to show potential buyers or have the caravan valued.
If your caravan has been sold or is going to be sold, it does not necessarily mean that you must move out. The caravan owner can ask you to leave, but there are rules they must follow.
If you are told the caravan is being sold and you want to leave, there are rules that you must follow to avoid ‘breaking’ your residency agreement and paying costs. If you do stay once the caravan is sold, your residency agreement continues at the same rent and with the same bond, but the new owner becomes your landlord (officially called a rental provider).
When the whole caravan park is sold – rather than just a single caravan – this will generally have no effect on your tenancy, and there is no obligation for the caravan park owner to tell you about the sale. The caravan park owner may close down the park, but they have to follow certain rules.
What does ‘caravan park resident’ mean?
If a caravan in a caravan park has been your main home for at least 60 days in a row or you have signed a residency agreement with the park or caravan owner, you are likely a resident and have legal rights that don’t apply to holidaymakers. Find out more on our page about caravan parks.
The information on this page is not for people who live in a caravan park in their own cabin or movable home that cannot be registered with VicRoads. These are called Part 4A dwellings and are covered by Part 4A of the Residential Tenancies Act 1997. If you live in this type of dwelling, you may have a site agreement with the park owner, rather than a residency agreement. The Consumer Affairs Victoria website has more about site agreements in residential parks and villages. If you are unsure what laws apply to you, seek advice. This page has information about getting help.
Steps for the caravan owner to sell your caravan
If the caravan owner wants to sell your caravan, there are rules they must follow about how and when they enter your home to have it valued or to show potential buyers. There are also rules about telling you once the caravan is sold and about giving notice if they want you to leave the caravan because of the sale.
The caravan owner must follow the rules to enter your caravan
The caravan owner or their agent is legally allowed to enter your home to show potential buyers or to have it valued. However, there are rules they must follow. If they follow the rules, you must let them in.
To learn more about what to do if they do not follow the rules, see our page on your privacy while renting.
The caravan owner must give you a written ‘notice of entry’ at least 24 hours before they want to enter the property to have the caravan valued or to show a potential buyer.
The notice of entry must:
- Be in writing – a phone call telling you about it is not enough
- State the legal reason that allows them to enter your home
- Be given to you with the right amount of advanced warning (known as a minimum notice period)
The notice of entry must be delivered:
- In-person between 8 am and 6 pm
- By mail, or
- By electronic communication, such as email, if you have agreed to receive notices this way
For more information on consenting to have notices sent electronically, see our page on starting a tenancy.
Entry to your caravan by the caravan owner or their agent is allowed between 8 am and 6 pm, but not on public holidays.
If the time set by the caravan owner does not suit, you can ask to change the time, but the caravan owner does not have to agree.
The caravan owner or their agent can only stay for as long as is reasonably required to carry out the sales inspection or get a valuation.
The caravan owner or their agent must act reasonably and respect your privacy during the visit. For example, they cannot go through your drawers or wardrobes or damage your belongings.
Family or personal violence
There are extra legal protections for those experiencing, or at risk of, family or personal violence. For more information, see our page on privacy while renting
You have the right to object to certain photos or videos being taken of the caravan, including if they expose you or someone else to the risk of personal or family violence, or because valuable items shown expose you to the risk of your caravan being broken into.
To learn more about your right to object to photos or videos, see the information on our page on your privacy while renting.
Family or personal violence
There are extra legal protections for those experiencing, or at risk of, family or personal violence. See the information on our page on your privacy while renting.
You can apply to Rental Dispute Resolution Victoria (RDRV) for compensation if:
- Any of your belongings are damaged or stolen during an entry to your caravan
- The caravan owner or their agent has failed in their duty to make sure you have ‘quiet enjoyment’ of your caravan
Quiet enjoyment means living in your home without interference or disturbance from the caravan owner or their agent, or from things that are within their control to prevent. An example of this is if the caravan owner stays too long during a sales inspection.
For more information, including how to apply for compensation, see our pages on your privacy while renting and claiming compensation.
There are actions you can take when the caravan owner or their agent does not follow the rules about privacy and entry or access to your caravan. These include sending them a ‘notice of breach of duty’ (asking them to fix the problem and compensate you), applying to VCAT for a restraining order or other type of order, and applying to Rental Dispute Resolution Victoria (RDRV) for compensation.
What action to take depends on what rules have been broken and your circumstances.
To learn what to do, see our page on your privacy while renting.
You must receive notice if the caravan owner wants you to move out
The caravan owner can ask you to move out, but there are rules they must follow.
If the caravan owner wants you to move out because they have sold the caravan as ‘vacant’, they must give you a ‘notice to vacate’ at least 90 days before they want you to leave.
If the caravan owner has already signed a contract of sale with a buyer and wants you to move out, they must give you a notice to vacate within 14 days of signing the contract of sale, or when all the contract conditions have been met. This means the caravan owner cannot think about it for a few months after signing a contract, then use the sale as the reason for sending the notice to vacate.
If you have a fixed-term residency agreement, you have the right to stay until the end of your fixed term. The date in the notice to vacate cannot be before the end of your fixed term, unless you have agreed to leave earlier.
If you receive a notice to vacate, it must include evidence showing that the caravan owner intends to sell the caravan or has sold it. This evidence must be either a signed contract of sale or a clear and legally valid sales authority (a document that appoints a real estate agency to sell a property).
For more information, see our page on notices to vacate and eviction.
You must give notice if you want to move out
If you want to move out because your rented caravan is being or has been sold, there are rules you must follow, including giving the owner a ‘notice of intention to vacate’ with the correct amount of advanced warning. You can do this if you were not told of the owner’s plans to sell before you signed the residency agreement, or if you receive a notice to vacate and want to move out earlier than the date given.
If the caravan owner did not tell you about their plans to sell the caravan before you signed your residency agreement, you can tell them that you want to move out. You can do this even if you have a fixed-term residency agreement.
To do so, you need to give the caravan owner a notice of intention to vacate with at least 7 days written notice. You must pay the rent while you are in the caravan, up until the date listed on the notice, even if you move out before that date.
Note: You cannot be asked to pay any costs (compensation) to the caravan owner if you end your agreement this way.
For information on how to give a notice of intention to vacate, see our page on ending or breaking your lease.
If the caravan owner gives you a notice to vacate because the property has been or is being sold, and you want to move out before the vacate date in the notice to vacate, you can do this.
You will need to:
- Give at least 7 days notice of your intention to vacate – you can do this even if you have a fixed-term residency agreement
- Pay rent while you are still in the caravan, up until your move-out date, even if you move out before that date
You cannot be asked to pay costs for leaving early because the caravan owner is selling the caravan and not re-letting it (renting it out to someone else). If the caravan owner asks you to pay costs, we recommend you do not pay anything. The caravan owner would have to apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.
For information on giving a notice of intention to vacate, see our page on ending or breaking your lease.
Ask for compensation if you agree to move out early
If the caravan owner wants you to move out before the end of your fixed-term residency agreement, and you agree to this, you can ask for compensation for your inconvenience.
If they agree to the compensation:
- Get the agreement in writing
- Make sure that it’s signed by you and the current or new owner, whichever one owns the caravan at the time and is offering you the compensation
See our page on claiming compensation.
Note: You do not have to agree to move out before the end of your fixed-term residency agreement.
See the information on this page about receiving notice if the owner wants you to move out.
Report the caravan owner if they did not tell you of plans to sell
The caravan owner must let you know if they have plans to sell or they have entered into a contract of sale, before you sign your fixed-term residency agreement.
If they did not, and you are then told the caravan has been sold, or is about to be sold, the caravan owner has committed an offence under Victorian rental laws.
You can report an offence to Consumer Affairs Victoria, which can issue an infringement notice to the caravan owner and make them pay a fine. Consumer Affairs Victoria has an online Make a complaint form, or you can call them on 1300 558 181.
Note: Consumer Affairs Victoria does not pay compensation to renters.
For more information, see our page on complaints about landlords and agents.
Steps for the park owner to sell the caravan park
A caravan park is a business that is run on a piece – or pieces – of land. The owner of the land may not be the same person who owns the caravan park. Both the caravan park and the land can be sold.
If the land or caravan park is sold – and the caravan park continues to operate – then generally this will not effect your tenancy.
There is no obligation for the caravan park owner or the land owner to notify you of any sale, although you will probably receive advice about where to pay your rent if this happens.
Steps for the park owner to close down the caravan park
If the park owner is closing down the caravan park, you will need to leave your caravan or site. When the park owner is closing down the park, there are certain rules they must follow.
If you own the caravan you live in, but pay rent to the park owner, and the park is being closed down, you may be able to get compensation.
Park owner must notify council
Under Victorian rental laws, the park owner must send written notice that the park is closing to the relevant local council at least 14 days before you receive a notice to vacate the caravan or site.
If the park owner does not notify the council, and you receive a notice to vacate, the park owner may be fined.
Park owner must send you a notice to vacate
The park owner must send you a notice to vacate or site with at least 6 months advanced warning (known as the minimum notice period). It must also be a date that is after the end of your residency agreement, if it is a fixed-term agreement.
The reason on the notice must state that the park is being closed down.
For more information, see our page on notices to vacate and eviction.
Park owner may have to pay compensation
If the park owner also owns the land that the caravan park is located on, they may need to pay you compensation.
You are only eligible for compensation if you own the caravan you live in, the caravan is fixed to the site, and it is not a caravan that can be registered with VicRoads.
For more on receiving compensation when the caravan park closes, see our page about claiming compensation.
Get help and other resources
If you need support when your caravan is being sold, help is available.
Tenants Victoria services
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Renter Support Line
For all Victorian renters.
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Live Web Chat
For all Victorian renters.
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Financial counselling
For all Victorian renters.
Other organisations
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Federation of Community Legal Centres
For all Victorians.
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Tenancy Assistance and Advocacy Program (TAAP)
For Victorian renters in private rentals, rooming houses and caravan parks who are in financial hardship or affected by family violence.
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Consumer Affairs Victoria
For all Victorians.
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Victorian Civil and Administrative Tribunal (VCAT)
For all Victorians.
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Rental Dispute Resolution Victoria (RDRV)
For all Victorians.
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Housing for the Aged Action Group (HAAG)
For Victorians aged 50 and older.
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Community Connection Program
For Victorians who are homeless or live in low-cost accommodation.
There are other resources to assist you with understanding more about what happens when a caravan is being sold and when a caravan park is closing.
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Consumer Affairs Victoria website
Consumer Affairs Victoria has informative website pages about when and how a rental provider (such as a caravan owner) can enter your rental property, as well as what happens if a caravan or residential park is closing.
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Video on compensation
Tenants Victoria has prepared a one-minute animated video about compensation.
The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (such as rooming house operators) in numbered sections.
The sections in this list relate to when a caravan or caravan park is being sold or closed. Click on a link to see more about the section.
- Section 145E – Information the caravan park owners or caravan owners must disclose before agreement under s144(1) or (2) commences
- Section 177 – Quiet enjoyment – caravan park owner’s duty
- Section 199 – Entry of caravan by caravan park owner
- Section 200 – Entry of caravan by caravan owner
- Section 201 – Grounds for entry of caravan or site
- Section 202 – Manner of entry
- Section 203 – What must be in a notice of entry?
- Section 204 – Resident has duty to permit entry
- Section 205 – What if damage is caused during entry?
- Section 206 – What is a person exercising right of entry fails to comply with provision?
- Section 206A – Offence relating to entering a site or caravan occupied by resident
- Section 206AK Notice of intention to vacate site or caravan
- Section 206AZ – Sale of caravan
- Section 206AZA – Closure of caravan park
- Section 209 – Application for compensation or compliance order for breach of duty
- Section 210 – Application to VCAT for compensation order on other grounds
- Section 215A – Compensation in relation to closure of caravan park or Part 4A park
- Section 215B – VCAT may make park closure compensation order
- Section 452 – General applications to VCAT
The Residential Tenancies Regulations 2021 and the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 provide more detail and definitions, and specify updates to the Residential Tenancies Act.
