Notice to vacate to resident/s of a caravan park
Residential Tenancies Act 1997 (the Act), Section 319(a) &
Residential Tenancies Regulations 2019, Regulation 30
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Note: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text.
Use this form to give notice to vacate.
How to use this form
1.Identify your reason
Read the reasons for giving notice to vacate on page 3 and identify the correct reason for your circumstances.
The number beside each reason is the relevant section and sub-section of the Act – for example, 303(1) is section 303, sub-section (1). The title after the section number describes the content of the section.
2.Consult the Act
You should consult the Act to make sure that you are entitled to give a notice to vacate.
3.Work out the minimum time for the notice
The reasons are grouped according to the minimum amount of notice time you must give your resident. The minimum notice period commences on the day after the notice is given and the first available termination date is the day after the minimum notice period expires. Additional time must be allowed if the notice is posted – see note on How to serve this notice on page 4.
4.Use the attached notice
The Residential Tenancies Act 1997 and Residential Tenancies Regulations 2019 set out exactly what must be on a notice to vacate. The prescribed notice to vacate is attached. You must use this notice to give your resident notice to vacate.
5.Complete the notice
You must complete all boxes on the notice.
In box 9, write the section number and the exact words given on page 3 for the reason you are giving a notice to vacate. You must insert dates and monetary amounts where a dotted line appears in the reason.
Important: You must also include enough information in box 9 to allow the person receiving the notice to understand why you are giving the notice and the facts you claim are the basis for giving the notice. It is not sufficient to merely write the section number and state the reason from the Act.
For example, if you are giving a notice to vacate because of danger [s303(1)], write in box 9:
S303(1) – I am the caravan park owner and you or your visitor have endangered persons or property in the caravan park[Insert factual details to explain why you are giving the notice to vacate – how the resident’s or their visitor’s conduct has endangered the safety of persons or property in the caravan park]
Note:
- If the notice is given under section 314(1) or (2), you do not need to provide a reason for giving the notice.
- If the notice is given under section 312(1) because the caravan hired for a fixed term is be occupied by a member of your family, the notice should at least include the name of the person who is going to be living in the caravan and details of your family relationship to them.
When completing box 9, you should also consider:
- the length of the notice period – minimum notice periods vary depending on the type of notice, from immediate to 6 months. If you are giving a notice with a shorter minimum notice period (immediate, 7 days, 14 days or 30 days) then more detailed reasons are required
- who else needs to be notified – if you are giving notice under section 311A(1) because your caravan park is closing, you must notify in writing the local council of the proposed closure at least 14 days before giving notice to the resident
- the nature of the reasons – more detailed reasons are required if the notice is given under section 302(1), 302(2), 303(1), 304(1), 305(1), 306(1), 307(1), 308(1) or 309(1) due to alleged misconduct or an alleged breach capable of being remedied by the resident
- if the genuine need to vacate the property could be disputed, then more detailed reasons are required.
Important: If you do not provide enough details in box 9, the notice to vacate may be found invalid if challenged by the resident at the Victorian Civil and Administrative Tribunal (VCAT).
6.Sign at 11 and write your name at 12
7.When the form is complete
Tear out the top form (From the owner) and send to the resident.
Keep the last two copies of the form for your records. If the resident does not comply, you can send a copy to VCAT with an application for VCAT to hear your case.
Telephone Interpreter Service
If you have difficulty understanding English, contact the Translating and Interpreting Service (TIS) on 131 450 (for the cost of a local call) and ask to be put through to an Information Officer at Consumer Affairs Victoria on
1300 55 81 81.
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Notice to vacate to resident/s of a caravan park
Reasons and minimum times for notices
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Reasons for notice to vacate immediately
302(1) – damage to park
I am the caravan park owner and you or your visitor have intentionally or recklessly caused or allowed serious damage to the site, caravan park or facilities.
302(2) – damage to caravan
I am the caravan owner and you or your visitor have intentionally or recklessly caused or allowed serious damage to the caravan.
303(1) – danger
I am the caravan park owner and you or your visitor have endangered persons or property in the caravan park.
Please note – this notice may not be given if a notice to leave under S368 has been given in respect of the same act or omission.
304(1) – disruption
I am the caravan park owner and you or your visitor have seriously disrupted the quiet and peaceful enjoyment of the park by other occupiers.
Reasons for at least seven days notice to vacate
305(1) – non-payment of rent
I am the caravan park owner and you owe at least 7 days rent on your site. Your rent is paid up to, and including _ / _ / _ .
You owe $ _
306(1) – non-payment of hiring charges
I am the caravan owner and you owe at least 7 days hiring charge on the caravan. Your hiring charge is paid up to, and including _ / _ / _ .You owe $ _
307(1) – failure to comply with VCAT order
you have failed to comply with a compensation or compliance order of the Victorian Civil and Administrative Tribunal under S212 of the Act.
308(1) – successive breaches
you have breached a duty owed under a duty provision within Part 5 of the Act for the third time. You have been given notice twice before to remedy the breach.
309(1) – illegal use
you have used the caravan or site, or permitted its use, for an illegal purpose.
Reasons for at least 14 days notice to vacate
312(1) – occupation by owner
I am the owner of the caravan hired for a fixed term and after the termination date the caravan is to be occupied by me, my partner, son, daughter, parent, partner’s parent, or a person who normally lives with and is dependent on me.
Please note – if you give notice under S312, the notice must specify a termination date that is at least 14 days after the end of the fixed term.
Please note – if you give notice under S312 or S313 of the Act prohibits renting or hiring again for six months unless certain exemptions apply.
Reason for at least 30 days notice to vacate
317(1)&(2)(a) – notice by caravan mortgagee
I am the caravan mortgagee and I am entitled to possession of the caravan under a security given before you obtained a residency right.*
Reasons for at least 60 days notice to vacate
310(1)/(2) – caravan to be sold
the caravan is to be sold immediately after the termination date.
310(1A)/(2A) – caravan to be sold (conditional contract)
The last of the conditions of a conditional contract for the sale of the caravan was satisfied on _ / _ / _
Please note – this notice must be given within 14 days after the last condition is satisfied.
310(1B)/(2B) – caravan to be sold (unconditional contract)
An unconditional contract for the sale of the caravan was entered into on _ / _ / _
Please note – this notice must be given within 14 days after an unconditional contract of sale is entered into.
Please note – if you give notice under S310 or S313 of the Act prohibits renting or hiring again unless certain exemptions apply.
Please note – if you give notice under S310 the notice cannot be used to shorten an agreed fixed term agreement.
Reason for at least 90 days notice to vacate
316(1)&(2)(a) – notice by caravan park mortgagee
I am the caravan park mortgagee and I am entitled to possession of, or to sell, the caravan park, under a security given before you obtained a residency right.*
Reason for at least 120 days notice to vacate
314(1)&(2) – no specified reason
I am giving you at least 120 days notice to vacate without specifying a reason.
Please note – if you give notice under S314 the notice cannot be used to shorten an agreed fixed term agreement.
A notice given under S314 cannot be used to retaliate against residents exercising their legal rights or saying they will do so.
Reasons for at least six months notice to vacate
316(1)&(2)(b) – notice by caravan park mortgagee
I am the caravan park mortgagee and I am entitled to possession of, or to sell, the caravan park under a security given after you obtained a residency right.*
317(1)&(2)(b) – notice by caravan mortgagee
I am the caravan mortgagee and I am entitled to possession of the caravan under a security given after you obtained a residency right.*
311(1) – change of use
I am the caravan park owner and the caravan park is to be converted to a use other than a caravan park.
Please note – if you give notice under S311, S313 of the Act prohibits renting or hiring again for six months unless certain exemptions apply.
Please note – if you give notice under S311 the notice cannot be used to shorten an agreed fixed term agreement.
311A(1) – closure of caravan park
I am the caravan park owner and the caravan park is to be closed. Written notice of the proposed closure was given to local council on _ / _ / _ .
Please note – if you give notice under S311A:
- the notice cannot be used to shorten an agreed fixed term agreement
- you must notify the local council in writing of the proposed park closure at least 14 days before giving notice to a resident
- you must apply to VCAT within 30 days of serving the notice, for an order determining compensation payable to eligible residents, unless certain exemptions apply.
Please note – * notices given under these sections must expire before the mortgagee can apply to VCAT for a possession order.
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How to serve this notice
You can serve this notice to the resident by hand, by registered post or by email (with consent).
If you send this notice by registered post, you must take into account the extra days it takes for the notice to be delivered. There are different delivery times depending on whether you send it by priority registered post or regular registered post, which may take up to six days. You may also wish to keep evidence of the method of registered post you relied on to send this notice.
For more information about Australia Post’s registered post delivery options and times, visit the Australia Post website (auspost.com.au).
You can only send this notice by email if you already have the resident’s written consent to receive notices and other documents this way. The resident may have given consent in the residency agreement or separately in writing. A consent form is available from the Forms and publications section – Consumer Affairs Victoria website (consumer.vic.gov.au/forms).
If you send this notice by email, the provisions of the Electronic Transactions (Victoria) Act 2000 apply. For legal purposes,
the time when a notice is received is when it can be retrieved from the email address the recipient nominated.
To help calculate the total minimum days to allow, depending on the notice period required and the method of delivery,
visit the Giving notices – Residential Tenancies List page – Victorian Civil and Administrative Tribunal website (vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).
If you need help with this notice, visit the Renting section – Consumer Affairs Victoria website (consumer.vic.gov.au/renting)
or call the Consumer Affairs Victoria Helpline on 1300 55 81 81.
Notice to vacate to resident/s of a caravan parkFrom the owner
Residential Tenancies Act 1997 S319(a)
Residential Tenancies Regulations 2019, Regulation 30
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Resident details
- This notice is given to: (resident/s names)
- Regarding the caravan at: (include site no.)
- Resident/s address: (if same address as 2,
write ‘as above’)
Owner/mortgagee details
- I am giving you this notice as:
the caravan park owner:
the caravan owner:
the caravan park mortgagee:
the caravan mortgagee:
- Name of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee:
- Address for serving documents of caravan park owner/
caravan owner/caravan park mortgagee/caravan mortgagee (can be an agent’s address)
- Contact telephone numbers:
Business hours:
After hours:
Termination date
- The Residential Tenancies Act 1997 requires me to give you at least: (insert the number of days notice that is required under the Act)
Days notice to vacate:
I require you to vacate on or before: (termination date) / / /
Reason for notice to vacate
- (Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason. However if the notice to vacate is given under s314 of the Act, insert that section number and the words ‘no reason is required’.)
- This notice is delivered to the resident: (mark one method only and if registered post note the delivery speed)
by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /
- Signature of owner, mortgagee or agent:
- Name of owner, mortgagee or agent signing the notice:
- Resident please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) to challenge the validity of the notice. An application must be made to VCAT within 30 days after the notice to vacate was given.
If you receive a notice to vacate and the notice states that the reason for giving the notice is closure of the caravan park under s311A, you may be eligible for compensation.
If you need help with this notice, call the Consumer Affairs Victoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice to vacate to resident/s of a caravan parkOwner’s copy
Residential Tenancies Act 1997 S319(a)
Residential Tenancies Regulations 2019, Regulation 30
Page 1 of 7
Resident details
- This notice is given to: (resident/s names)
- Regarding the caravan at: (include site no.)
- Resident/s address: (if same address as 2,
write ‘as above’)
Owner/mortgagee details
- I am giving you this notice as:
the caravan park owner:
the caravan owner:
the caravan park mortgagee:
the caravan mortgagee:
- Name of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee:
- Address for serving documents of caravan park owner/
caravan owner/caravan park mortgagee/caravan mortgagee (can be an agent’s address)
- Contact telephone numbers:
Business hours:
After hours:
Termination date
- The Residential Tenancies Act 1997 requires me to give you at least: (insert the number of days notice that is required under the Act)
Days notice to vacate:
I require you to vacate on or before: (termination date) / / /
Reason for notice to vacate
- (Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason. However if the notice to vacate is given under s314 of the Act, insert that section number and the words ‘no reason is required’.)
- This notice is delivered to the resident: (mark one method only and if registered post note the delivery speed)
by hand:
by registered post:
by email:
Insert email address:
(if applicable)
on this date: / / /
- Signature of owner, mortgagee or agent:
- Name of owner, mortgagee or agent signing the notice:
- Resident please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) to challenge the validity of the notice. An application must be made to VCAT within 30 days after the notice to vacate was given.
If you receive a notice to vacate and the notice states that the reason for giving the notice is closure of the caravan park under s311A, you may be eligible for compensation.
If you need help with this notice, call the Consumer Affairs Victoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
Page 1 of 7
Notice to vacate to resident/s of a caravan parkOwner’s copy
Residential Tenancies Act 1997 S319(a)
Residential Tenancies Regulations 2019, Regulation 30
Page 1 of 7
Resident details
- This notice is given to: (resident/s names)
- Regarding the caravan at: (include site no.)
- Resident/s address: (if same address as 2,
write ‘as above’)
Owner/mortgagee details
- I am giving you this notice as:
the caravan park owner:
the caravan owner:
the caravan park mortgagee:
the caravan mortgagee:
- Name of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee:
- Address for serving documents of caravan park owner/
caravan owner/caravan park mortgagee/caravan mortgagee (can be an agent’s address)
- Contact telephone numbers:
Business hours:
After hours:
Termination date
- The Residential Tenancies Act 1997 requires me to give you at least: (insert the number of days notice that is required under the Act)
Days notice to vacate:
I require you to vacate on or before: (termination date) / / /
Reason for notice to vacate