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Claiming compensation

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This information is a guide and should not be used as a substitute for professional legal advice.

Rental Dispute Resolution Victoria now deals with some rental disputes instead of VCAT. While we update our website see more info at: www.rdrv.vic.gov.au

Summary

If the park or caravan owner doesn’t follow the rental laws or the terms of your residency agreement, you may be able to get compensation.

The first step is to tell the park or caravan owner about the problem. If they don’t agree you should get compensation, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order requiring the park or caravan owner to pay you. If VCAT makes the order, they must pay.

VCAT is similar to a court and hears many disputes in Victoria between renters and rental providers (such as park and caravan owners), who must follow its decisions.

As a renter, you can apply to VCAT for compensation while you are still living at the property or after you have moved out. But you must apply within 6 years of the problem or loss occurring.

If you are still living there, keep paying rent while you seek compensation. If you stop, the park or caravan owner could give you a ‘notice to vacate’ for overdue rent.

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.

Compensation in a minute

Watch our quick video about your rights and the steps for getting compensation.

Reasons for claiming compensation

You can claim compensation from the park or caravan owner if you can show:

  • You have suffered loss, damage or significant inconvenience, and
  • It was caused by the park or caravan owner breaching (not following) their duties under the law or in your residency agreement

Common reasons

This list of common reasons for compensation has examples and tips for making a claim.

The park owner is responsible for maintaining the caravan park and any caravans they own in ‘good repair’. If you are hiring a caravan from someone else, the caravan owner is responsible for maintaining it. If you own your caravan, you are generally responsible for repairs to it, and the park owner is responsible for repairs to your site and the communal areas of the park.

You must tell the park or caravan owner as soon as possible, and in writing, if anything is damaged or needs to be repaired, especially if not fixing the problem could cause more damage. If you apply to VCAT to claim for compensation, but did not give written notice about the problem to the park or caravan owner, it could affect your claim. Find out more about reporting damage on our page on repairs and maintenance.

If the park or caravan owner delays or doesn’t do repairs after you have reported a problem, you can claim compensation for what that cost you. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • The cost of a portable heater you had to buy because the heater in the caravan was broken
  • The cost of showering at your local gym because the hot-water system in the communal bathroom was broken
  • The cost of eating out or reasonable delivery costs when you couldn’t cook because the caravan stove was broken and there were no communal cooking facilities
  • The cost of repairing or replacing belongings damaged or destroyed by a leak in the caravan roof
  • The cost of dry-cleaning clothes soiled by mould caused by a leaking pipe
  • A reduction in rent or hiring charges for when you couldn’t use the caravan or communal areas of the park because a leak made them unsafe or because tradespeople were working in them
  • The cost of staying somewhere else if the issues were serious enough that everyone agreed it wasn’t safe to live there until repairs were done
  • A bigger water bill because of a leak in a water pipe connected to your site – if your water use is separately metered, which means you pay for the amount you use
  • If your electricity use is separately metered, a bigger electricity bill due to repairs being done, such as running heaters or fans to dry things out after a roof leak, or tradespeople using a lot of power tools

It can be a good idea to wait until the repairs have been done before you apply to VCAT as VCAT will not always decide cases where the compensation is still adding up. But you could let the park or caravan owner know that you plan on claiming compensation, and that the longer they delay the repairs, the more you will be able to claim. This may persuade them to do the repairs more quickly.

For more on responsibilities for maintenance, damage and wear and tear, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and rental providers (such as park and caravan owners) must follow the rental laws.

The park and caravan owner must take all reasonable steps to ensure you have ‘quiet enjoyment’ of your caravan and site, as well as the common areas of the caravan park. This means living at the caravan park without interference or disturbance from the park or caravan owner, or from things that are within their control to prevent.

If your quiet enjoyment is disturbed, you can claim compensation for that loss. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • The park or caravan owner didn’t follow the rental laws about entering your home, such as entering without proper notice or a proper reason under the law, or sending a tradesperson to work there without giving you notice or getting your consent
  • You couldn’t enjoy your entire home because of repair issues, such as a roof leak not fixed, part of your caravan or site being unsafe because repairs aren’t done, or tradespeople working there
  • You couldn’t enjoy all or part of your home because it wasn’t reasonably clean or wasn’t vacant on the day you were due to move in
  • You couldn’t get into the caravan park or the caravan because the park or caravan owner changed the locks or illegally evicted you

If you are hiring a caravan, the caravan owner must make sure the caravan is in good repair and that the fitted locks are working and provide security for you and your belongings. If they don’t follow these rules, you may be able to claim compensation. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • You couldn’t get into your caravan because the owner changed the locks but didn’t give you a new key
  • Your caravan was broken into and your belongings were damaged or stolen because there weren’t locks on all external doors and windows
Faulty locks

Faulty locks are considered an urgent repair under the law. Report this to the caravan owner immediately.

Even though the caravan owner is at fault for not providing working locks, it might affect your claim for compensation if you don’t act quickly to protect yourself and your belongings.

Find out how to report urgent repairs on our page about repairs and maintenance.

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.

For example, if the caravan owner replaces a dishwasher or tap with one that does not meet the minimum standard for efficiency, you can claim compensation from them for the entire cost of your water bills until they install an appliance that does meet the minimum standard.

See the Australian Government website for water rating.

We also have more information on our page about utility charges.

The park or caravan owner should make sure your home is reasonably clean on the day you are due to move in.

If the caravan or site is not reasonably clean, you should let the park or caravan owner know immediately and in writing. You could say that if it is not cleaned within a certain time, you will apply to VCAT for an order that the park or caravan owner cleans it and pays you compensation for the delay. Or you could say that if the caravan or site is not cleaned within a certain time, you will clean it yourself and then apply to VCAT for compensation for your time, cleaning products and inconvenience.

Take before-and-after photos of any cleaning, log your time and activities, and keep receipts for any cleaning products or services you needed to clean the caravan or site.

If you disagree with the park or caravan owner about what ‘reasonably clean’ means, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and rental providers (such as park and caravan owners) must follow the rental laws.

The park or caravan owner should make sure your home is vacant on the day you are due to move in.

If someone else is still living there, or someone’s belongings have been left there, you can ask for the situation to be fixed and claim compensation. Keep evidence of the problem and your costs to include in your claim.

Examples include:

  • Any rent or hiring charges you paid until the caravan or site was vacant and you could move in
  • The reasonable cost of staying somewhere else until the caravan or site became vacant
  • Any loss of the use of the caravan or site because someone’s belongings were stored there. This is also loss of quiet enjoyment – see more on this page about loss of quiet enjoyment

Other reasons

There are many other reasons you can claim compensation from the park or caravan owner for inconveniences, costs, loss or damage. Make sure you have evidence of the problem, proof that you told the park or caravan owner about it, and a record of your costs to include in your claim.

You can claim compensation from the park or caravan owner if they:

  • Illegally evict you – if the park or caravan owner wants you to move out, they must follow all the legal steps. See more on our page about notices to vacate and eviction
  • Take or dispose of your belongings because you owe rent or hiring charges, or because you left them behind when you moved out. See more on our page about goods left behind
  • Do not give you 24-hour vehicle access to your site, 24-hour access to the communal toilet and bathroom, or access during reasonable hours to any other facilities, such as a communal laundry or recreational areas
  • Do not do what they promised in your residency agreement or in a separate agreement with you, such as providing gardening services or installing a heater or air conditioner
  • Damage your belongings during a visit to your caravan or site. Or someone they give access to your caravan or site damages them
  • Charge you for water, electricity or gas when there is no separate meter. The park owner must pay for water, electricity and gas (except bottled gas) unless your site is separately metered using a meter installed or approved by the utility supplier. A separate meter measures how much water, gas or electricity you use, and you pay for that amount. Find out more on our page about utility charges
  • Reduce or take away services, facilities or other items in your caravan or the caravan park, such as closing a communal laundry. If this happens, you can also apply for a reduction in your rent or hiring charges. See more on this page about reductions in rent or hiring charges
  • Increase your rent or hiring charges unlawfully
  • Refuse to return overpaid rent or hiring charges. The park owner cannot ask you for more than 14 days rent in advance. The caravan owner cannot ask you for more than 28 days hiring charges in advance
  • Discriminate against you. See more on our page about discrimination
  • Do not give you keys or entry fobs for the caravan park or the caravan

This is not a full list. If you want to find out if you can claim compensation for another reason, this page has information on where to get help.

Reductions in rent or hiring charges

If the park or caravan owner refuses to drop your rent or hiring charges after reducing or removing services or facilities previously provided as part of your residency agreement, such as closing a communal laundry, you can apply to VCAT for a reduction in your rent or hiring charges.

The first step is to ask Consumer Affairs Victoria to assess whether you should be given a reduction in rent or hiring charges. Use the Consumer Affairs Victoria online form: Request for rental assessment.

If the Consumer Affairs Victoria rent assessment report says you should get a reduction in rent or hiring charges, but the park or caravan owner still refuses, you can apply to VCAT for an order that your rent or hiring charges be reduced. You must apply to VCAT within 30 days of receiving the report from Consumer Affairs Victoria.

You can follow the same process as applying to VCAT for compensation. You can also apply for a reduction in rent or hiring charges at the same time as applying for compensation. Make sure you include a copy of the Consumer Affairs Victoria report with your VCAT application.

If you don’t think a reduction in rent or hiring charges will fix the issue, you may prefer to seek compensation and a ‘restraining order’, which is an order from VCAT that tells someone they must do something, or stop doing something. VCAT may make a restraining order requiring the park or caravan owner to reinstate the services or facilities they have withdrawn. If you want to apply for a restraining order, Tenants Victoria and other organisations can help. See the information on this page about getting help.

If the caravan park is closing, the park owner must give you at least 6 months notice. Within 30 days of giving residents notice to vacate, the park owner must apply to VCAT for a decision on the amount of compensation they need to pay eligible residents.

If you get a notice to vacate because the caravan park is closing and believe you are eligible for compensation, you should receive a notice from VCAT about when and where the compensation hearing will take place. If you do not receive this, you can make your own application to VCAT for compensation. This page has more on the steps for claiming compensation.

Who is eligible for compensation when the caravan park closes?

If you own a dwelling that is fixed to a site in the caravan park (other than an annex), you may be eligible for compensation for the cost of relocating it, or for your losses if you cannot relocate it.

You are not eligible for compensation if your dwelling:

  • is not fixed to the site
  • could be registered with VicRoads, or
  • can easily be removed from the site within 24 hours

If you are on a fixed-term residency agreement, you may receive a notice to vacate due to your fixed term ending instead of due to the park closing. This generally means you will not be eligible for compensation. But you cannot be asked to leave before the end of your fixed term. Find out more on our page about notices to vacate and eviction.

Note: If the park owner is leasing the land and the landowner decides not to renew the lease, the park owner is not required to pay any compensation as they are not closing the park by choice. If your residency agreement started on or after 29 March 2021, the park owner should have disclosed whether they own or are leasing the land and any restrictions imposed by the lease.

If you are unsure if you are eligible for compensation due to the park closing, seek legal advice. This page says where you can get help.

If you are eligible for compensation

VCAT must hold a hearing and make compensation orders at least 30 days before the termination date in your notice to vacate. You can attend the hearing and bring evidence of your costs. If you have already relocated your dwelling, the park owner must still pay you by the date set in the compensation order.

If you decide to relocate, VCAT can order compensation for:

  • Removing the dwelling from the site (for example, disconnecting services)
  • Transporting the dwelling and its contents
  • Installing the dwelling at a new site (not including landscaping)
  • Any other relevant costs

You can apply to VCAT for additional compensation for:

  • Damage to the dwelling caused by the move (unless it was due to the negligence of the movers)
  • Any other reasonable costs related to relocating the dwelling

If you cannot relocate your dwelling, or choose not to, VCAT may order compensation after considering:

  • Whether you agree to transfer ownership of the dwelling (debt-free) to the park owner
  • The dwelling’s original purchase price
  • The dwelling’s current onsite market value (as if the park was not closing)
  • Rent and other fees you paid
  • Reasonable costs to remove and relocate your belongings
  • How long you have lived there
  • The inconvenience and difficulty of finding somewhere else to live
  • Any other relevant factors

In exceptional circumstances, including where other compensation may be inadequate, VCAT may order the park or caravan owner to pay compensation for distress or disappointment, not just for inconvenience. This is different from personal injury and applies to issues relating to your home that affect your state of mind. For example, the distress caused by having your caravan door off its hinges for several weeks after you reported the issue.

If you want to find out if you can claim compensation for distress or disappointment, this page says where you can get help.

Personal injury

Personal injury means physical or psychological injury caused by someone else’s negligence or wrongdoing. Compensation for it falls under a different area of law from rental law – VCAT cannot give any compensation for personal injury under the Residential Tenancies Act 1997. In some cases, you may be able to provide medical evidence with a rental compensation claim to show how serious the issue has been.

If you are seeking compensation from the park or caravan owner for pain, suffering or injury, contact a personal injury lawyer before applying to VCAT for rental compensation. They are likely to charge a fee. However, many services provide the first meeting for free, so they can make a preliminary assessment. The Law Institute of Victoria has a Find Your Lawyer service on its website. Make sure you take any relevant evidence you have to the first meeting, and ask about any costs you may be charged.

Personal injury is different from ‘distress’ or ‘disappointment’. See more on this page about claiming compensation for distress and disappointment.

Steps for claiming compensation

The law says what the park or caravan owner must do to keep your rented home in good condition and ensure you can use and enjoy all of it. If they do not follow the rules, you can claim compensation for loss or inconvenience at VCAT.

You can claim compensation while you are still living there or after you have moved out. It is usually better to wait until the problem is fixed so you can fully calculate what it cost you.

Work out your costs

You need to put a dollar value on everything you want to claim, including the loss of quiet enjoyment if you were not able to use and enjoy part or all of your home. If you go to VCAT, you will need to explain how you worked out your costs and show that they are reasonable.

Ask for what you think is fair, but don’t overspend as you may not get it all back. For example, if you stay somewhere else while repairs are being done, you can claim the cost. But you will need to show that it was reasonably necessary to stay somewhere else and that the cost is not excessive. If VCAT decides it was unnecessary to stay somewhere else or the price was excessive, you may not get all your money back.

If you claim for things to be replaced, you may not get the full replacement cost unless you can show that they were new when they were damaged or destroyed. For certain items, such as mattresses, VCAT may decide that the only suitable replacement is a new one.

You can calculate your claim for the loss of quiet enjoyment using this equation.

A x B x C = amount of compensation for the loss of enjoyment or use of your home

Where:

A = the total number of days without the enjoyment or use of your home

B = your daily rent

C = percentage estimate of loss

Once you have calculated this amount, you can add amounts for any other losses and inconveniences, such as having to buy a portable heater because the heater in your caravan wasn’t fixed.

Daily rent

To work out your daily rent, multiply your monthly rent by 12 then divide that figure by 365 to get the daily amount. Or, if you pay weekly, just divide your weekly rent by 7 to get the daily amount. If you pay fortnightly, divide your rent by 14.

You can also work out your daily rent using the Consumer Affairs Victoria rent calculator.

Percentage estimate of loss

This can be the most difficult part of the claim to work out. You may need to explain to VCAT why the percentage you have decided on is reasonable for the loss you have suffered.

For example, if you are hiring your caravan and the internal toilet stopped working, you might claim 5% of your rent, noting that you could still use the park’s community toilet facilities.

If your caravan became largely uninhabitable due to mould caused by a significant leak, claiming 90% of your daily rent for the time you were affected may be reasonable. VCAT will assess the circumstances and either agree with you or reduce the amount, depending on the severity and impact of the issue.

If you are unsure, it is better to claim a higher amount. VCAT can reduce your claim but will not increase it if it is too low. Always make sure your claim is reasonable, and that you can justify the amount you are seeking.

To show how you calculated your claim, it can help to put your losses and the actions you took into a table. You can download tables for the examples listed here.

Also collect evidence, such as receipts, photos and videos, as well as phone call records and any emails, letters, texts and notices sent to the park or caravan owner about the issue. Make copies of these and keep them safe as you will need them if you apply to VCAT for compensation.

Example: A broken heater

Your heater broke down in winter. You repeatedly asked the caravan owner to fix it, but that took 2 months.

By not fixing the heater for 2 months, the caravan owner has failed to keep your home in good repair and to ensure you have quiet enjoyment of your home. You can claim compensation for this.

Download the example table: Compensation claim for broken heater [Word 30 KB].

Example: Claiming for multiple issues

If you suffered loss or inconvenience because of multiple issues, you can claim compensation for them all at the same time.

Download the example table: Compensation claim for multiple issues [Word 32 KB].

Compensation claim template

You can use our table template to record the details of your compensation claim.

Download the table template: Calculating your compensation claim [Word 30 KB].

Here’s what you can do next

  • If you have lost the quiet enjoyment of your home, use our equation and examples to work out what it cost you
  • Download our compensation claim template and start entering your details: Calculating your compensation claim [Word 30 KB]
  • If you need assistance, see the information on this page about getting help

Tell the park or caravan owner you want compensation

You can claim compensation while you are still living at the property or after you have moved out. Either way, you should let the park or caravan owner know in writing.

If you are still living there, you may need to give the park or caravan owner an official ‘notice of breach of duty’ before you can apply to VCAT for compensation.

If you are still living at the property and want compensation because the park or caravan owner breached their duty under the rental laws (for example, failed to repair something), you need to give them an official notice of breach of duty.

You can download the notice from the Consumer Affairs Victoria website: Notice of breach of duty to owner of a caravan or caravan park.

For more on park and caravan owners’ duties, see our page about landlord (rental provider) breaches.

If you are unsure whether the park or caravan owner has breached their duty, this page says where you can get help.

How to complete the notice of breach of duty

The notice of breach of duty outlines the compensation you want from the park or caravan owner and says they must not commit a similar breach again. It also tells them that if they do not comply, you may go to VCAT.

When filling out the notice, you must include:

  • The address of your rented home
  • The names of all the renters on the residency agreement
  • The park or caravan owner’s contact details
  • The reason for the notice
  • How and when you will deliver the notice
The reason for the notice

In part 4 of the notice, you must include:

  • Why you believe the park or caravan owner has breached their duty: The ‘Information for the resident’ section at the end of the form has a list of common reasons for giving the notice. If any of these apply to your situation, you can copy and paste them into section 4 and then add more detail, including dates. You can claim for multiple breaches on one form. If there isn’t enough space, write ‘see attached’ and provide the information in a separate document
  • The loss or damage caused by the breach: Include details of the loss, damage and inconvenience you suffered because of the park or caravan owner’s breach. Give as much detail as possible
  • What you want the park or caravan owner to do: You can ask the park or caravan owner to fix the problem and/or pay you compensation. If you want them to fix the problem, say what you want them to do, such as fix a leak in the caravan roof. If you want compensation, say how much. Make sure you give the park or caravan owner the minimum timeframe of 7 days
  • What evidence, if any, you will send with the notice: Mark the box to indicate whether or not you are attaching documents to the notice. If you are attaching documents, list what you are attaching

If you are still living at the property and want compensation from the park or caravan owner for something that is not a breach of their duty under the rental laws, you do not need to give a notice of breach of duty. For example, if the park owner doesn’t provide gardening, when they said they would in your residency agreement, you do not need to give a breach of duty notice.

You can still let the park or caravan owner know in writing why you want compensation and the amount you want, and that you will apply to VCAT if they do not pay you within a timeframe you think is reasonable.

If you are unsure whether the park or caravan owner has breached their duty, this page says where you can get help.

If you move out before you make a claim, you do not need to give the park or caravan owner a notice of breach of duty. You can apply straight to VCAT.

If you want to avoid going to VCAT, and paying the VCAT application fee, you could try sending the park or caravan owner a letter or email first. Include the reasons why you want compensation and the amount you want, and say you will apply to VCAT if they don’t pay the compensation within a set timeframe, such as 7 days.

As soon as possible, give a copy of the notice or letter and copies of any evidence you have to the park or caravan owner. In the law, this is called ‘service’.

You can give them (serve) the notice or letter and evidence by:

  • Delivering it in person. Be sure to keep a note of the date, time and name of the person you handed it to
  • Sending it by post. We recommend registered post so you can prove they received it. Keep your receipt and tracking number
  • Emailing it, unless there is something in your residency agreement saying the park or caravan owner will not accept emails. Check that your email has been received

Make sure you keep your own copies safe as you will need them if you apply to VCAT for compensation.

If the park or caravan owner pays the compensation you have asked for, you don’t need to take any further action.

If they want to negotiate instead of going to VCAT, and you reach an agreement, make sure you put it in writing. This includes:

  • The date of the agreement
  • What was agreed – what the compensation is for and the amount the park or caravan owner will pay
  • The date by which they will pay
  • What will happen if they don’t pay you by the due date – for example, you will apply to VCAT for compensation, or if you have already applied, you will not withdraw the application until they have paid the agreed amount in full

If you applied to VCAT before you came to an agreement with the park or caravan owner, you could still go ahead with your application and ask VCAT at the hearing to make orders matching your agreement. That means you will have a legally binding order for the compensation the park or caravan owner must pay you.

If the park or caravan owner does not pay you, or reach an agreement with you, within the timeframe in your notice or letter, you can apply to VCAT for compensation.

Here’s what you can do next

  • Download and complete the ‘notice of breach of duty’ form on the Consumer Affairs Victoria website: Notice of breach of duty to owner of caravan or caravan park
  • If you have moved out, or want compensation for something that is not a breach of duty, let the park or caravan owner know in writing
  • If you need help working out if the park or caravan owner has breached their duties, or help completing the ‘notice of breach of duty’ form or writing your letter, see the information on this page about getting help

Apply to VCAT for your compensation

If the park or caravan owner doesn’t pay you compensation within 7 days of receiving your notice or letter, you can apply to VCAT for an order that says they must pay you.

There may be an application fee, but you can ask for it to be reimbursed in the application. See more on our website about VCAT fees and costs.

You will need to show VCAT that you suffered loss, damage or significant inconvenience because the park or caravan owner broke the law or the terms in your residency agreement.

You can apply to VCAT while you are still living at the property or after you have moved out. But you must apply within 6 years of the problem or loss occurring.

Victoria’s rental laws generally cover renter compensation claims of up to $40,000. For more than that, you will need to claim under the Australian Consumer Law and Fair Trading Act 2012. If you need advice, this page says where you can get help.

Follow these steps to apply to VCAT. You can also watch our step-by-step video on going to VCAT.

Collect evidence to support your application. This may include:

  • Evidence of the problem – for example, if the claim relates to repairs, you could include photos or a video of what needed to be repaired as it might help to show how you were affected
  • Details about contact you had with the park or caravan owner about the problem, such as emails, texts and phone calls
  • Details about whether the problem was fixed and when it was fixed
  • A copy of the notice of breach of duty you gave the park or caravan owner, or if the claim is not related to a breach of duty, other correspondence you had with them asking for compensation
  • Receipts for your expenses and quotes for future expenses
  • The table you used to calculate your claim, if you used one. See the claim calculation examples and tables on this page
  • Any other evidence you may have to support your claim

The VCAT website has more information on preparing evidence.

You must use VCAT’s general application form.

You can complete the form online or download a PDF and fill it in electronically or print it and complete it by hand. If you want a hard copy form posted to you, call VCAT on 1300 018 228.

What orders do you want VCAT to make?

When you get to the part of the form that asks, ‘What orders do you want VCAT to make?’, you need to enter into the box the section of the law that relates to your claim. For example:

  • Section 209 – enter this if you still live at the property and want compensation for a breach of duty. You will need to provide a copy of the notice of breach of duty with your application
  • Section 209AAB – enter this if you want to be reimbursed for the cost of urgent repairs. You will need to provide a copy of your written notice or correspondence with the park or caravan owner showing you have asked to be reimbursed. Read more on our page about repairs and maintenance
  • Section 210AA – enter this if you are claiming compensation for discrimination
  • Section 210 – enter this if your claim is not for a breach of duty, or if it is for a breach of duty but you no longer live at the property. If you moved out before making this claim, you are not required to give a notice of breach of duty before applying to VCAT
  • Section 215B – enter this if the caravan park is closing and you want compensation for the cost of relocating your dwelling, or for your losses if you cannot relocate it. See more on this page about compensation if the caravan park is closing.
  • Section 452 – enter this if you are not sure which section of the law relates to your situation. Give as much information as you can about why you are making a claim and how the park or caravan owner is at fault
  • Sections 154 and 159 – enter these if you want a rent reduction and/or compensation because the park or caravan owner reduced or removed services or facilities previously provided as part of your residency agreement. You will need to provide a copy of your Consumer Affairs Victoria rent assessment report. Read more on reductions in rent or hiring charges in the information on this page about other reasons you can claim compensation
Provide more details about your claim

Under ‘Provide more details about your claim’, include details about:

  • Your stay – when your residency agreement started and how much rent you pay
  • The breach of duty by the park or caravan owner or details about them not following the law or the residency agreement
  • Your contact with the park or caravan owner about the breach of duty or, if your claim is not related to a breach of duty, your contact with them asking for compensation
  • Your losses (costs), damage and inconvenience as a result of the breach
  • The amount of your claim and how you worked out that amount
  • Any attachments and evidence you will provide to support your claim – for example, evidence of the breach, the notice of breach of duty you gave to the park or caravan owner, a record of your communication with the park or caravan owner, details on how you worked out the claim amount and your receipts or quotes

If you need more space for details, you can use separate pages and attach them to the application.

If you are applying online and can’t attach all your evidence to the online application, you can email it to VCAT at renting@vcat.vic.gov.au. If the files are large, you may need to send more than one email. The VCAT website has more information about how to send and access evidence in a residential tenancy case.

In any emails to VCAT, make sure you include your VCAT reference number (which VCAT will send you when you submit the application).

Make copies of your completed application form and your evidence, so you have a set for:

  • VCAT
  • The park or caravan owner
  • Yourself

You can copy, scan or take photos of your completed application form and evidence, but make sure everything is clear enough to read.

Keep your own copy safe as you will need it at the hearing.

If you don’t submit the application online (see step 2), you will need to give VCAT your application form and copies of the evidence.

You can do this in person, by email or by post. The addresses are on the form.

If you take your application to VCAT in person, write down the date, time and name of the person you handed it to.

If you send it by post, keep your receipt and tracking number.

You must also give a copy of your application and supporting documents to the park or caravan owner. This is called ‘service’. You need to give (serve) the copy to them within 7 days of giving it to VCAT, or immediately if your application is urgent.

At the hearing, VCAT may ask for proof that you have served the application to the park or caravan owner.

You can serve the application and evidence by:

  • Delivering it in person. Be sure to keep a note of the date, time and name of the person you handed it to
  • Sending it by post. We recommend registered post so you can prove they received it. Keep your receipt and tracking number
  • Emailing it, unless there is something in your residency agreement saying the park or caravan owner will not accept emails. Check that your email has been received

VCAT will send you a ‘notice of hearing’, letting you know when and where the hearing will take place and what you need to bring.

If you don’t hear from VCAT after a few days, call them on 1300 018 228 to find out if they have set a hearing date.

You will need to bring your copy of the application form and evidence to the hearing.

For information and tips on how to prepare for the hearing, see our page on dealing with VCAT.

VCAT also has information to help you prepare for the hearing.

Here’s what you can do next

  • Get your evidence together
  • Apply to VCAT and give a copy to the park or caravan owner
  • Watch our step-by-step video on going to VCAT and start preparing for the hearing
  • If you need assistance, see the information on this page about getting help

What happens at the hearing

When there is a dispute between a resident and a park or caravan owner, VCAT can make the final decision. It is not a court but its decision has to be followed.

While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. If you need assistance, this page has information on how to get help.

If you make a compensation claim, VCAT will look at:

  • The severity of the problem and your losses
  • Who is responsible for the problem
  • What you did to stop things from getting worse
  • What you did to minimise your losses, such as how and when you reported that repairs were needed
  • How soon you raised the problem with the park or caravan owner after it happened
  • What the park or caravan owner did to fix things
  • Whether the costs you are claiming are too high or unnecessary
  • Whether any damaged or lost belongings you are claiming for were old or already worn out, meaning their value had decreased
  • Whether you are claiming a reasonable amount for something that is difficult to put a dollar value on, like sentimental items or personal documents
  • Whether the park or caravan owner has already given you money or any other form of compensation to resolve the issue
  • Whether you refused any fair offers from the park or caravan owner to resolve the issue before the VCAT hearing
  • The duties of residents, park owners and caravan owners in the Consumer Affairs Victoria guidelines on maintenance, cleanliness, damage and fair wear and tear. See our page on the Consumer Affairs Victoria guidelines

This is not a full list. VCAT may consider different things depending on the situation.

After hearing your application and the park or caravan owner’s side of the story, VCAT will make a final decision in writing called an ‘order’.

If VCAT decides the park or caravan owner has broken the law or the terms in your residency agreement and should pay you compensation, the order will say the amount.

If VCAT decides the park or caravan owner has not broken the law or the terms in your residency agreement, you will not receive compensation from the park or caravan owner, and VCAT will usually ‘dismiss’ the application.

Rental provider database

From 29 March 2021, rental providers (such as park and caravan owners) may be listed on a Consumer Affairs Victoria database called the ‘rental non-compliance register’ if they:

  • Are ordered by VCAT to fix a breach, pay compensation or not commit a breach again, or
  • Commit an offence under the Residential Tenancies Act 1997

View Consumer Affairs Victoria’s rental non-compliance register.

You can also find out more on our page about the rental provider database.

Get help and other resources

If you need support in claiming compensation from a park or caravan owner, help is available.

Tenants Victoria services

  • Renter Support Line

    For all Victorian renters.

    Free legal information for all renters, and legal advice if you are eligible.

    The approximate waiting time is more than 30 minutes.

    9:30 am – 12:30 pm and 2:30–4:30 pm, Monday to Friday

    On Tuesdays we are now open until 6:30 pm.

Other organisations

  • Victoria Legal Aid

    For all Victorians.

    Free legal information for everyone, and legal advice and help at court if you are eligible.

    8 am – 6 pm, Monday to Friday

  • Housing for the Aged Action Group (HAAG)

    For Victorians aged 50 and older.

    Free and confidential information, advice and practical housing support for older people who are homeless or at risk of homelessness.

    10 am – 4 pm, Monday to Friday

  • Federation of Community Legal Centres

    For all Victorians.

    Free legal information for everyone, and legal advice and help at court if you are eligible.

    Each of the 49 community legal centres in Victoria decides on eligibility for its services.

    Visit the website to find a community legal centre right for you.

  • 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.

    Free information and advice on renter rights and resolving disputes.

    Visit the TAAP page on the Consumer Affairs Victoria website to find a TAAP provider in your area.

  • Victorian Civil and Administrative Tribunal (VCAT)

    For all Victorians.

    Resolves disputes between renters and rental providers (such as landlords, rooming house operators, caravan park owners and Homes Victoria).

    9 am – 4:30 pm, Monday to Friday

  • Consumer Affairs Victoria

    For all Victorians.

    Free information and advice on renter rights and rental processes. Also receives formal complaints about rental providers (such as landlords, real estate agents, rooming house operators, caravan park owners and Homes Victoria).

    9 am – 5 pm, Monday to Friday

There are step-by-step guides and other resources to assist you with claiming 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 park and caravan owners) in numbered sections.

The sections in this list relate to claiming compensation from a caravan park owner or a caravan owner. Click on a link to see the section in the Act.

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.

The Limitation of Actions Act 1958 also applies to claiming compensation in private rentals: Section 5 – Contracts and torts.

Related topics

Consumer Affairs Victoria guidelines
Dealing with VCAT
Notices to vacate and eviction
Repairs and maintenance

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