Claiming compensation

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 Rental Dispute Resolution Victoria (RDRV) to claim 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

You can apply to RDRV any time, but it can be a good idea to wait until the repairs have been done. If your dispute goes to a formal VCAT hearing, VCAT will not always decide cases where the compensation is still adding up.

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. For more on when and how park and caravan owners can enter your home, see our page about your privacy while renting
• 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 Rental Dispute Resolution Victoria (RDRV) to get them to clean it and pay you compensation for the delay. Or that you will clean it yourself and then apply to RDRV 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. They include guidance on what ‘reasonably clean’ means.

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

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 allow into your caravan or site damages your belongings
• 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. Find out more on our page about rent increases
• 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 Rental Dispute Resolution Victoria (RDRV) 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 RDRV for your rent or hiring charges to be reduced. You should apply to RDRV within 30 days of receiving the report from Consumer Affairs Victoria.

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 Rental Dispute Resolution Victoria (RDRV) for compensation.

If you apply to RDRV, VCAT will decide whether your claim should start at RDRV or go straight to a formal VCAT hearing. Claims involving caravan park closures usually go straight to a formal VCAT hearing because of the complexity involved and the potential power imbalance between park owners and residents in RDRV negotiations.

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, and if you and the park or caravan owner cannot reach an agreement at Rental Dispute Resolution Victoria (RDRV), 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.

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 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.

If you are unsure, it is better to claim a higher amount. If the dispute goes to a formal VCAT hearing, 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 Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.

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].

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].

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].

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 should 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 caravan parks.

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 services to your site, when they said they would in your residency agreement, you do not need to give a breach of duty notice.

If you are claiming compensation after you have moved out, you do not need to give the park or caravan owner a notice of breach of duty, even if your claim is about them breaching their duty while you were living at the property.

In both cases, you should let the park or caravan owner know in a letter or email why you want compensation and the amount you want, and that you will apply to Rental Dispute Resolution Victoria (RDRV) if they do not pay you within a timeframe you think is reasonable, such as 7 days.

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

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 in case you need to show Rental Dispute Resolution Victoria (RDRV) or VCAT that you gave the park or caravan owner written notice of the issue.

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

If the park or caravan owner wants to negotiate, we recommend you apply to Rental Dispute Resolution Victoria (RDRV). This gives you the benefit of negotiating with an independent mediator present. You can also get your agreement formalised as a VCAT order so it is enforceable. For more about the process of going through RDRV and what to do if you reach an agreement, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If the park or caravan owner does not pay you within the timeframe in your notice or letter, you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute.

Find out more about what to do if the park or caravan owner does not agree to pay you compensation.

You can apply to RDRV online using myRDRV, or you can submit your application by email, by post or in person at an RDRV office.

Once you have applied, you should give the park or caravan owner a copy of your application and any documents or evidence you attached to it.

An RDRV resolution coordinator will review your application and contact you to discuss your options. They may also contact the park or caravan owner to understand their side of the dispute.

If the resolution coordinator decides the dispute should progress through RDRV, they will explain the next steps to you. They will also let you know if you need to provide further documents or evidence.

For more on applying to RDRV, see our page about going to RDRV (Rental Dispute Resolution Victoria).

It is important to organise your documents and evidence before discussions with the park or caravan owner at Rental Dispute Resolution Victoria (RDRV).

You may have already attached some documentation to your application. Or you may have applied to RDRV with just your details and some basic information about what happened. The resolution coordinator will let you know if you need to provide further documents or evidence. The park or caravan owner may also ask you to provide evidence during the RDRV session, and you can ask them to do the same.

The more clearly organised your documents are, the easier and more efficient your negotiations will be, and the more likely the dispute will be resolved.

Your documents and evidence may include:

• Evidence of the problem – for example, if the claim relates to repairs, 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 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

You can copy, scan or take photos, but make sure everything is clear enough to read.

For more on providing documents and evidence at RDRV, see our page about going to RDRV (Rental Dispute Resolution Victoria).

After the resolution coordinator has spoken separately with you and the park or caravan owner, they may organise a facilitated discussion through Rental Dispute Resolution Victoria (RDRV), where you can both try to negotiate an agreement.

The facilitated discussion usually takes place by phone, videoconference or email. The resolution coordinator may bring you and the park or caravan owner together to talk, or they may act as a go-between, passing on claims, offers and options so you don’t need to speak to each other directly.

If the resolution coordinator believes a more structured, face-to-face meeting might be the best option to resolve the dispute, they may invite you both to a formal mediation session.

Because the resolution coordinator cannot give legal advice, it is important that you understand your legal rights before going into a discussion or mediation session at RDRV. You can also organise for a lawyer or advocate to represent you. Find out more on this page about getting help.

If you reach an agreement at RDRV

If you and the park or caravan owner reach an agreement at RDRV, you should put it in writing to make sure everyone follows through on their commitments.

You can ask for your written agreement to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Or you can write a private settlement agreement, which is a contract between yourselves.

For more on what to do if you reach an agreement, and tips for drafting agreements, see our page about going to RDRV (Rental Dispute Resolution Victoria).

If you do not reach an agreement at RDRV

You do not have to reach agreement at RDRV. If you and the park or caravan owner cannot resolve all the issues through RDRV, or if either side does not wish to continue with RDRV, you can ask the resolution coordinator to refer the dispute to VCAT for a formal hearing.

VCAT will let you know the time, date and location of the hearing. The hearing may take place in person, by phone (teleconference) or by videoconference.

Hearings about compensation claims are usually held within 4 weeks of you applying to Rental Dispute Resolution Victoria (RDRV).

If you need to change the date or format of the hearing

If you cannot attend the hearing, you may be able to change the date. Call VCAT on 1300 018 228 or use VCAT’s application form to change a hearing date.

If you want to request a different format for the hearing – for example, if the hearing is going to be by video but you would prefer to attend by phone – you can call VCAT on 1300 018 228 or email renting@courts.vic.gov.au.

You can also let the resolution coordinator know about any dates you are unavailable or your preferred format for the hearing, or you can note these in your RDRV application. However, it will always be up to VCAT to approve these requests.

If you and the park or caravan owner tried to resolve the dispute at Rental Dispute Resolution Victoria (RDRV) before going to VCAT, anything that was said or done at RDRV cannot be used as evidence at VCAT unless everyone agrees in writing. For example, if you admit during an RDRV discussion that the amount you are asking for may be too high, or if the park or caravan owner admits they caused a problem, these statements cannot be used as evidence at VCAT.

If you submitted documents, photos or videos as part of your evidence for RDRV, you will not need to submit these again to VCAT. However, you may need to provide further documents or evidence for the hearing.

Before the hearing, you should make sure the park or caravan owner and VCAT have a copy of any documents or evidence you will use at the hearing. In some situations, the resolution coordinator may help to ensure your documents are ready for the hearing. See more on this page about the types of documents and evidence you might use to support your claim. The VCAT website also has tips on preparing evidence.

The park or caravan owner must also make sure you have a copy of any documents or evidence they will use at the hearing. If they present evidence at the hearing that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence. While it may not always be necessary to adjourn the hearing, it can be helpful in more complex disputes.

To prepare for the hearing, get all your evidence together and make a few brief notes outlining what you want to say. Being organised is the key to presenting a good case. For more information on getting ready, see our page about going to VCAT.

Protecting your personal information

In some circumstances, it may be necessary to share personal information relating to issues like trauma, family violence or your mental or physical health, or that of another household member. If this applies to you, you can raise this with VCAT and ask that the information be restricted under the Open Courts Act 2013. This usually means that your personal information will be anonymous and not made public. It will be up to VCAT to decide if this is appropriate.

If you have any concerns about providing personal information to VCAT after going through RDRV, raise them with the resolution coordinator.

At the hearing, 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.

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 Consumer Affairs Victoria guidelines on maintenance, cleanliness, damage and fair wear and tear. These are official guidelines that set out how renters and rental providers (such as park and caravan owners) must follow the rental laws. See our page on the Consumer Affairs Victoria guidelines

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

VCAT usually makes a decision, called an order, on the day of the hearing. At VCAT the person who hears and decides on the case is called a member. The member will give the order verbally on the day and in writing either on the day or soon afterwards. If you don’t understand the order on the day, ask the member to explain it to you again.

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 them and VCAT will usually ‘dismiss’ the application.

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.

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

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.

• Section 150 – Limit on rent or hiring charge in advance
• Section 151 – Receipts for rent or hiring charge
• Section 152 – Required notice for rent or hiring charge increases
• Section 154 – Application to VCAT about excessive rent or hiring charge
• Section 157 – Additional rent for visitors
• Section 158 – Additional hiring charges for visitors
• Section 159 – Rent must be reduced if services are reduced
• Section 160 – Resident’s goods not to be taken for rent or hiring charges
• Section 161 – Supply of key
• 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 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 187 – Unreasonable caravan park rules
• Section 188 – Urgent repairs to caravans
• Section 188A – Urgent site repairs
• Section 189 – Application to VCAT for urgent caravan repairs
• Section 189A – Application to VCAT for urgent site repairs
• Section 190 – Application to CAV to investigate non‑urgent caravan repairs
• Section 190A – Application to CAV to investigate non‑urgent site repairs
• Section 191 – Application to VCAT for non-urgent caravan repairs
• Section 191A – Application to VCAT for non-urgent site repairs
• Section 193 – Application to VCAT to use VCAT’s rent special account
• 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 203 – Notice of entry
• Section 205 – Damage caused during entry
• Section 206 – Failing to comply with entry requirements
• Section 206A – Offence relating to entries
• Section 208 – Breach of duty notice
• Section 209 – Application for compensation or compliance order for breach of duty
• Section 209AA – Application for compensation or compliance order for breach of prescribed standard form rental agreement
• Section 209AAB – Application for compensation for cost of urgent repairs
• Section 210 – Application to VCAT for compensation on other grounds
• Section 210AA – Application to VCAT for compensation order for discrimination
• Section 211 – Matters which may be considered by VCAT
• Section 212 – Order of VCAT
• Section 215B – VCAT may make park closure compensation order
• Section 392 – Renter may request proceeds of sale of goods
• Section 396 – What if goods or documents are disposed of in contravention of the RTA?
• Section 397 – What if goods or documents are wrongfully retained?
• Section 398 – What if goods or documents are damaged or lost?
• Section 439P – Rental Non-compliance Register
• Section 447 – Limits of jurisdiction of VCAT
• Section 452 – General applications to VCAT

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.