If the caravan or residential park you live in is closing

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Minimum notice periods

If you have been given a park closure notice to vacate by the owner of your caravan park or residential park, the end date on the notice must be at least:

  • six months after the notice is served, if you are a resident
  • 365 days after the notice is served, if you are a site tenant.

If you have a fixed-term residency or site agreement, the end date on the notice to vacate must not occur before the end of your agreement.

Compensation

You may be eligible for compensation from the park or site owner (owner) if you own a movable dwelling that is fixed to a site (not an annexe) in the park.

You are not eligible for compensation if you:

  • own a dwelling that may be registered with VicRoads, or
  • rent a dwelling.

The owner is not liable for compensation if they lease the land the park is on and the park is closing because a head lease of that land is expiring.

If the owner is liable for compensation, they must apply to the Victorian Civil and Administrative Tribunal (VCAT) within 30 days of giving you a park closure notice to vacate; VCAT will decide how much compensation the owner has to pay. If the owner does not apply to VCAT, the notices to vacate will become void.

When working out the amount of compensation, VCAT will consider if your dwelling is to be relocated or not.

If you are going to relocate your dwelling

If you are going to move your dwelling, VCAT will review the likely cost of:

  • disconnecting services from the dwelling
  • removing the dwelling from the site
  • transferring the dwelling to a new site
  • installing the dwelling at the new site (but not landscaping)
  • anything else VCAT considers relevant.

You can apply to VCAT to recover applicable costs from the owner for:

  • damage to the dwelling because of the relocation
  • any other reasonable costs to do with relocating the dwelling.

The owner does not have to pay compensation for damage caused by people you asked to move your dwelling.

If you are not going to relocate your dwelling

If you are not going to relocate your dwelling, VCAT will work out how much you should be compensated by deciding on:

  • a reasonable amount for your loss of residency, taking into account the:
    • dwelling’s original purchase price
    • dwelling’s current onsite market value if the park was not closing
    • rent and fees paid for the site
  • the likely cost of the resident having to move elsewhere, taking into account:
    • removing your contents from the dwelling and relocating them
    • how long you have lived on the site
    • the inconvenience of finding somewhere new to live
    • anything else VCAT considers relevant.

When compensation should be paid by

Once VCAT has decided how much you should be compensated, they will put a date that the payment must be paid by on the compensation order. The payment date will be at least 30 days before the end date on the notice to vacate.

The park owner still has to pay the amount on the order even if you relocate your dwelling before receiving the compensation.