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Sending your park or caravan owner an official notice

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

Summary

There are certain reasons why you may want or need to send an official notice to the park or caravan owner. A notice is a way of letting the park or caravan owner know something important.

This could be because the park or caravan owner has breached (not followed) special sections of the Residential Tenancies Act 1997, known as ‘duties’. Duties include things such as providing you with 24-hour access to the park and facilities, not unreasonably disturbing your privacy, and carrying out repairs. To ask the park or caravan owner to fix the problem, not repeat it and/or pay you compensation, you can send a ‘notice of breach of duty’.

If the breach of duty is serious or urgent, such as failing to carry out urgent repairs or illegally entering your caravan or harassing you, you do not have to send a breach of duty notice first. You can apply directly to Rental Dispute Resolution Victoria (RDRV) or the Victorian Civil and Administrative Tribunal (VCAT) to resolve the matter.

Other reasons for sending a notice include if you want to end your residency agreement and move out. This is called a ‘notice of intention to vacate’. Or if you want to be reimbursed for urgent repairs or utility charges that you paid for, or report damage to the caravan or site. For these other reasons, you can send a ‘notice to rental provider of rented premises’.

You need to follow certain rules for completing and sending these types of notices to the park or caravan owner. These rules apply whether you use an official notice form from Consumer Affairs Victoria or send your own letter, email or text. There are also steps you can take if your park or caravan owner ignores or does not follow what is in the notice, including applying to RDRV or VCAT to resolve the issue.

Who is a caravan park resident?

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 sending a notice to the park or caravan owner

There are steps you need to follow when sending a notice to your park or caravan owner, depending on the reason for sending it.

Identify the reason for the notice

The reasons to send an official notice to the park or caravan owner fall into 3 general categories:

  1. The park or caravan owner has breached (not followed) a duty under the Residential Tenancies Act
  2. You want to end your residency agreement
  3. Other reasons, such as:

Depending on the type of notice and what it is for, there are rules for what information you need to include and the timeframes you need to follow when sending it.

If your park or caravan owner ignores or does not follow what is in the notice, there are steps you can take, including applying to RDRV or VCAT to resolve the issue.

Consider using an official notice form

While you can send your own notice, we recommend using Consumer Affairs Victoria’s official notice forms. This makes it easier for you to include all the information the law requires and to follow the rules for sending them. Below are some Consumer Affairs Victoria forms for sending notices:

Sending a notice when your park or caravan owner has breached (not followed) a duty

Park and caravan owners, as well as caravan park residents, have certain duties under the law. These duties are listed in the Residential Tenancies Act and have specific consequences if they are not followed, including paying or receiving compensation.

Some examples of caravan and park owner duties include:

  • Maintaining your site and caravan (if you are hiring it) in good repair and arranging for urgent and non-urgent repairs to be done by qualified people within the required timeframes. Find out more on our page about repairs and maintenance
  • Making sure that the ‘quiet enjoyment’ of your caravan is not disturbed, such as not illegally entering your caravan or harassing you. Learn more on our page on privacy while renting
  • Enforcing the park rules fairly, ensuring all residents follow them, and consulting with you about any proposed changes. Find out more about park rules on our page about caravan parks
  • Giving you 24-hour vehicle access to the caravan park and all sites, as well as to the communal bathroom and toilet facilities

If the park or caravan owner breaches (does not follow) these legal duties, you can give them a notice of breach of duty. This is a written notice that tells them they must:

  • Fix the problem and not commit the same, or similar, breach again, and/or
  • Pay you compensation for any loss you have suffered because of their breach

Duties are set out in the Residential Tenancies Act. See the full list of duties under the law on our page about caravan parks.

You should only send a notice of breach of duty when your park or caravan owner does not follow these specific duties, so it is important to understand what is and is not a breach of duty.

Consumer Affairs Victoria guidelines

If you believe that the park or caravan owner has breached one of their duties, Consumer Affairs Victoria has guidelines that you can refer to. These include guidelines on maintenance, cleanliness, damage and urgent repairs.

These guidelines show you what VCAT considers before making a decision about a breach of duty, including whether to pay compensation. If there are guidelines that relate to your circumstances, reading them first may help you decide whether the park or caravan owner as breached their legal duties. Learn more on our page about the Consumer Affairs Victoria guidelines.

If the issue is not a breach of duty

If you think that the park or caravan owner has not breached a duty but has failed to follow a term in your residency agreement, or another section of the Residential Tenancies Act, you still have options. Depending on the issue, your options include:

  • Sending the park or caravan owner a notice to caravan park owner or caravan owner
  • Talking directly with the park or caravan owner
  • Applying to Rental Dispute Resolution Victoria (RDRV) or VCAT to resolve the issue

See the information on this page about when to send other types of notices to the park or caravan owner. See also our pages on going to RDRV and going to VCAT.

If the breach of duty relates to something urgent or serious, such such as failing to carry out urgent repairs or illegally entering your caravan or harassing you, you do not have to send a notice of breach of duty to the park or caravan owner first. Depending on what the breach relates to, you can apply directly to Rental Dispute Resolution Victoria (RDRV) or VCAT to resolve the issue.

Going to RDRV

RDRV is a free service that helps resolve rental disputes without needing to go straight to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and the park or caravan owner as you try to reach an agreement.

RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the park or caravan owner failing to meet their duty to keep the property in good repair).

An example of an issue you can take to RDRV – without sending a notice of breach of duty first – is when your park or caravan owner fails to attend to urgent repairs that you have told them about. To learn more about the process for getting repairs done and applying to RDRV, see our page on repairs and maintenance.

If you and the park or caravan owner cannot reach an agreement at RDRV, your dispute may be referred to VCAT. You can also request a formal hearing at VCAT at any point during the RDRV process. If the park or caravan owner is being unreasonable, you may get a better outcome at VCAT.

For more on what happens at RDRV, see our page on going to RDRV.

Going to VCAT

If the breach of duty is urgent and relates to something that RDRV does not deal with, such as the quiet enjoyment of your caravan, you can apply to VCAT to have it resolved without first sending a breach of duty notice. This can include asking for a restraining order or other urgent action because the park or caravan owner or agent has illegally entered your caravan or harassed you. To learn more, see our page on privacy while renting.

If you applied to RDRV and the dispute is not resolved at RDRV, it may be referred to VCAT. If you have already applied to RDRV, you will not need to make a separate application to VCAT. You may need to pay a VCAT application fee, but you can ask VCAT to consider reimbursing you.

For more information on what happens at VCAT, see our page on going to VCAT.

If you want to claim compensation

If the park or caravan owner has breached one of their legal duties under Victoria’s rental laws and you have suffered loss or major inconvenience as a result, you can claim compensation from the park or caravan owner at RDRV. You can do this if you are still living at the site or caravan, or you have moved out. If you are still living there, you can also wait until the issue is fixed, so that you can better calculate your loss.

If you are still living at the site or caravan and want to claim compensation for loss or inconvenience because of the park or caravan owner’s breach of duty, it is best to send a notice of breach of duty. This is because if your dispute ends going to a formal VCAT hearing, you may need to show VCAT that you gave the park or caravan owner a notice of breach of duty.

For more information on how to calculate and claim compensation, see our page on claiming compensation.

See also a range of resources and templates about claiming compensation in our documents library.

If you decide to send a notice of breach of duty, certain things must be included for it to be legally valid.

We recommend that you use the official Consumer Affairs Victoria form: Notice of breach of duty to owner of caravan or caravan park [Word]. This is so you include all the information that the rules require. If you do use this form, it will need to be signed by any co-renters (other renters whose names are on the residency agreement).

Whether you use the form or not, the notice of breach of duty must include all of the following:

  • Be in writing
  • Be signed by you and any co-renters. This can be an electronic signature
  • Your reasons for giving the notice, including which legal duty under the Residential Tenancies Act has been breached
  • Details of what loss or damage the breach has caused
  • What the park or caravan owner needs to do to fix the problem and/or compensate you
  • The timeframe the park or caravan owner has to fix the problem and/or pay compensation (7 days for breach of quiet enjoyment; 14 days for anything else)
  • That the park or caravan owner must not commit the same or similar breach again
  • That if the notice is not followed, you can apply for compensation or a compliance order to VCAT
  • That you can send a notice of intention to vacate if there have been 3 breaches of the same duty and you have already given 2 or more breach of duty notices
  • Outline how the notice was sent and what date it was sent. See the information on this page about how to send the notice
  • Be addressed to the park or caravan owner or their real estate agent
Providing evidence

When giving a breach of duty notice, you can include copies of any evidence that supports what you are writing in the notice. This could include photos, videos, official reports and communications with the park or caravan owner.

Keep copies of anything you send with the breach of duty notice in case you need them later – for example, if you need to go to RDRV or VCAT, or if you want to apply for compensation.

Claiming compensation

If you want to claim compensation from the park or caravan owner for loss or inconvenience caused by the park or caravan owner or agent’s breach of duty, you can do this when you send the initial breach of duty notice, or you can wait until after the breach has been fixed. Waiting might be useful when you cannot fully calculate the loss you have suffered until the problem is fixed.

For information on how to calculate and claim compensation, see our page on claiming compensation.

We recommend you keep a copy of your signed breach of duty notice and any attached evidence before sending it to the park or caravan owner.

The notice must be sent to the park or caravan owner in one of these ways:

  • In person: If you hand deliver the notice, write down the date, time, and name of the person you handed it to
  • By post: If you mail the notice, we recommend using registered post and keeping your receipt and tracking number
  • Electronically (such as email or text), if the park or caravan owner or agent has agreed to receive communications from you this way

If you send the notice by post, the notice period begins when the park or caravan owner is estimated to receive this notice. You need to allow enough time for the park or caravan owner to comply (do what you have asked in the notice). For information on estimated postage times from different locations, visit the Australia Post website.

If you sent the notice by email or text, ask the park or caravan owner or agent to confirm they have received it. Check to see if you can add a delivery or read receipt before you send it, so you get an automatic reply.

Note: If you choose to use an email or text as your notice (if the park or caravan owner has agreed to receive notices this way), you can sign it by typing your full name at the end of the email or text.

The park or caravan owner needs to follow what’s in the breach of duty notice within the timeframe listed in the notice. The timeframe will depend on which duty the park or caravan owner has breached:

  • 7 days for breach of your quiet enjoyment
  • 14 days for anything else

If the park or caravan owner has fixed the problem and/or paid the requested compensation within the required time in the breach of duty notice, then you do not need to take any further action.

However, if the park or caravan owner has not fixed the problem and/or paid compensation within the timeframe or has repeated the same or a similar breach of duty, you can either send them another breach of duty notice or apply to Rental Dispute Resolution Victoria (RDRV) or VCAT to have the matter resolved.

Going to RDRV

RDRV is a free service that helps resolve rental disputes without needing to go straight to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and the park or caravan owner as you try to reach an agreement.

RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the park or caravan owner failing to meet their duty to keep the property in good repair).

Learn more about how to apply to RDRV on our pages about repairs and maintenance and claiming compensation.

Note: Before applying to RDRV, you need to wait the required amount of time listed in the breach of duty notice to give the park or caravan owner or agent the opportunity to fix the issue.

If you and the park or caravan owner cannot reach an agreement at RDRV, your dispute may be referred to VCAT. You can also request a formal hearing at VCAT at any point during the RDRV process. If the park or caravan owner is being unreasonable, you may get a better outcome at VCAT.

For more on what happens at RDRV, see our page on going to RDRV.

Going to VCAT

If the breach of duty relates to something that RDRV does not deal with, such as a breach of your privacy or ‘quiet enjoyment’ of your home, you can apply to VCAT to have it resolved. Learn more on our page about privacy while renting.

Note: Before applying to VCAT, you need to give the park or caravan owner or agent the required amount of time listed in the breach of duty notice to fix the issue.

If you applied to RDRV because the breach of duty relates to something RDRV deals with, such as urgent repairs, and the dispute is not resolved at RDRV, it may be referred to VCAT. You will not need to make a separate application to VCAT, but you may need to pay a VCAT application fee. You can ask VCAT to consider reimbursing you.

For more on what happens at VCAT, see our page on going to VCAT.

Sending a notice when you want to end your residency agreement

You can send the park or caravan owner or agent a notice of intention to vacate to end your residency agreement for any of the following reasons:

  • Your residency agreement is coming to an end and you want to move out of your site or caravan
  • You are ending your residency agreement before moving into the caravan because the caravan or site is destroyed or unfit or unsafe to live in
  • You intend to vacate because the caravan or site has been destroyed or is unfit or unsafe to live in

There is certain information you need to include in your notice, such as the date you will move out and return the keys. We recommend using the official Consumer Affairs Victoria notice form: Notice to caravan park owner or caravan owner [Word].You also need to provide the right amount of notice (advanced warning). To learn more about ending your residency agreement and sending a notice of intention to vacate, see our page on ending or breaking your lease.

If the park or caravan owner disagrees with something about your notice of intention to vacate, they may apply to VCAT to have it resolved. For example, they may think you have not followed the rules when creating or sending it.

If there is a VCAT hearing, it is important that you attend so that you can tell your side of the story.

To learn more, see our page on going to VCAT.

If you need legal advice, Tenants Victoria and other organisations can help. See the information on this page about how to get help.

Sending a notice for other reasons

There are other reasons that you may want to send the park or caravan owner an official notice, which don’t relate to a breach of duty or moving out of your home.

Depending on your reason for sending your park or caravan owner a notice, you might need to include certain things for it to be legally valid.

To ensure you include all the details and provide the correct timeframes, we recommend you use an official Consumer Affairs Victoria form: Notice to caravan park owner or caravan owner [Word].

If you think the issue instead relates to a breach of duty by the park or caravan owner, see the information on this page for how to send a notice if it relates to a breach of duty by the park or caravan owner. For a list of park or caravan owner duties, see our page on caravan parks.

You can send a notice to your park or caravan owner or their agent to request non-urgent repairs.

To learn about the difference between urgent and non-urgent repairs, and how to request repairs, see our page on repairs and maintenance.

Note: You can also use a notice of breach of duty to request non-urgent repairs, especially if you think you may want to claim compensation because of loss and inconvenience. See the information on this page about how to complete a notice of breach of duty.

You can send a notice to ask for reimbursement from the park or caravan owner or their agent if:

  • You have arranged and paid for urgent repairs and you want the park or caravan owner to pay you back, or
  • You have paid utility charges that are not your responsibility and you want the park or caravan owner to pay you back

If you are requesting reimbursement for completion of urgent repairs, you need to provide in writing:

  • The date you told the park or caravan owner that the repairs were needed
  • The amount you had to pay
  • Evidence of both these things

See our page on repairs and maintenance.

If you are requesting reimbursement for utility charges that you paid, you need to provide the amount you paid and evidence of this. For information on the utility costs and charges you are responsible for and those the park or caravan owner is responsible for, see utility charges on our page on caravan parks.

If you caused or became aware of damage to the site or caravan, the law says that you have a legal duty to let the park or caravan owner know as soon as possible after becoming aware of it. Sending a notice to your park or caravan owner is a way of doing so.

If you don’t, the park or caravan owner may send you a notice of breach of duty and ask for compensation.

When sending a notice to your park or caravan owner or their agent, you can include copies of any evidence that supports what you are writing in the notice. This includes VCAT orders, photos, videos, receipts, official reports, and letters and emails with the park or caravan owner.

Keep copies of anything you have sent or want to send with the notice in case you need them later, for example, if the matter needs to be resolved at Rental Dispute Resolution Victoria (RDRV) or VCAT, or if you want to claim compensation because of the issue in the notice.

See our page on claiming compensation.

Once you have completed and signed the notice, make a copy of the notice and any evidence attached.

You can send the notice to the park or caravan owner or their agent in one of these ways:

  • In person: If you hand deliver the notice, write down the date, time, and name of the person you handed it to
  • By post: If you mail the notice, we recommend using registered post and keeping your receipt and tracking number
  • Electronically (such as email or text) if the park or caravan owner or agent has agreed to receive communications from you this way

If you send the notice by post, the notice period begins when the park or caravan owner is estimated to receive this notice. You need to allow enough time for the park or caravan owner to comply (do what you have asked in the notice). For information on postage times from different locations, visit the Australia Post website.

If you send the notice by email or text, ask for the park or caravan owner or agent to confirm they have received it. Check if you can add a delivery or read receipt to your email before you send it, so you get an automatic reply.

Note: If you choose to use an email or text as your notice (if the park or caravan owner has agreed to receive notices this way), you can sign it by typing your name at the end of the email or text.

If the park or caravan owner or their agent does what the notice requests in the timeframe in the notice, then you do not need to take any further action.

If the park or caravan owner does not do what the notice requests in the timeframe in the notice, you can apply to Rental Dispute Resolution Victoria (RDRV) or VCAT to resolve the dispute.

Going to RDRV

RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and the park or caravan owner as you try to reach an agreement.

RDRV deals with issues relating to bonds, claiming compensation (including for a breach of duty), rent increases and repairs and maintenance (including the park or caravan owner failing to meet their duty to keep the property in good repair).

To learn more about how to claim compensation at RDRV, see our page on claiming compensation. To learn more about going to RDRV about requests for non-urgent repairs, see our page on repairs and maintenance.

If you and the park or caravan owner cannot reach an agreement at RDRV, your dispute may be referred to VCAT. You can also request a formal hearing at VCAT at any point during the RDRV process. If the park or caravan owner is being unreasonable, you may get a better outcome at VCAT.

For more on what happens at RDRV, see our page on going to RDRV.

Going to VCAT

If your dispute relates to something that RDRV does not deal with, such as caravan or site damage or ending your residency agreement, you can apply to VCAT to have it resolved. Learn more about this process on our page about privacy while renting.

If you applied to RDRV because the dispute relates to something RDRV deals with, such as a request for non-urgent repairs, and the dispute is not resolved at RDRV, it may be referred to VCAT. You will not need to make a separate application to VCAT, but you may need to pay a VCAT application fee. You can ask VCAT to consider reimbursing you.

For information on what happens at VCAT and how to apply, see our page on going to VCAT.

If the park or caravan owner disagrees with what you have stated in the notice, they may apply to Rental Dispute Resolution Victoria (RDRV) or VCAT to have this resolved.

If the park or caravan owner applies to RDRV, a resolution coordinator will contact you to get your perspective on the dispute. They may then invite you to participate in dispute resolution at RDRV. If you choose not to participate, the dispute may be referred to a formal hearing at VCAT.

If the park or caravan owner applies to VCAT, or if they apply to RDRV and you choose not to participate, VCAT will let you know the time, date and location of the hearing.

If there is a VCAT hearing, it is important that you attend so that you can tell your side of the story. If you have any witnesses, it is a good idea to ask them to prepare a statutory declaration about what they witnessed so that it can be used at the hearing. If they give an unsworn witness statement, they may need to attend the hearing in-person.

To learn more, see our pages on going to VCAT and going to RDRV.

If you need legal advice, Tenants Victoria and other organisations can help. See the information on this page about how to get help.

Get help and other resources

If you need support to send a notice to your 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.

  • Live Web Chat

    For all Victorian renters.

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

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

    When a team member is available, a pop-up chat window will appear on our site. Type your question and we will respond as soon as possible.

    Due to high demand, this service may not always be available. If the chat pop-up window does not appear, check back later.

Other organisations

  • Crisis accommodation services

    For all Victorians.

    Urgent accommodation if you are homeless or at risk of homelessness, escaping family violence, or need somewhere to stay after an emergency.

    24 hours a day, 7 days a week

  • 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

  • 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

  • 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.

  • Rental Dispute Resolution Victoria (RDRV)

    For all Victorians.

    Helps resolve disputes between renters and rental providers (such as landlords, rooming house operators, caravan park owners, community housing providers and Homes Victoria) without needing a formal VCAT hearing. This free service deals with disputes about bonds, compensation, repairs and rent increases.

    9 am – 4:30 pm, Monday to Friday

  • 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, community housing providers 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, community housing providers and Homes Victoria).

    9 am – 5 pm, Monday to Friday

There are resources to assist you with understanding more about sending official notices to the park or caravan owner (sometimes called rental provider).

  • Caravan parks guide

    Consumer Affairs Victoria website includes a useful guide for caravan park residents, including information on repairs and maintenance.

  • Consumer Affairs Victoria webpage

    Consumer Affairs Victoria has a webpage on what to do when rental providers (such as landlords, rooming house operators, caravan park owners, community housing providers and Homes Victoria) has breached one of their duties under the law.

  • Step-by-step video on going to VCAT

    This Tenants Victoria video walks you through the entire VCAT process – from gathering the necessary documents to understanding what happens during a hearing.

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

The sections in this list relate to breach of duty notices and other official notices you can send to the park or caravan owner. Click on a link to see more about the section.

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

Related topics

Caravan parks
Ending or breaking your lease
Going to RDRV
Going to VCAT
Repairs and maintenance

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