Site owner or mortgagee giving notice to vacate

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How to give notice

Site owners can end a fixed-term agreement before the end date by mutual agreement with the site tenant. Agreements should be in writing. Otherwise, an owner must give the site tenant written notice.

Owners are advised to use the Notice to vacate to site tenant form 7A (Word, 747KB).

The notice to vacate (end the tenancy and leave the property) must be delivered to the site tenant at the park, either by:

  • registered post
  • electronic communication (such as email), if the site tenant has given consent to receive notices and other documents this way, or 
  • hand (giving the notice personally to the site tenant). If the site tenant is unavailable, the owner can leave the notice with a person who appears to be aged over 16 and residing or employed at the site tenant's usual or last known home or business address.

The notice must:

  • be addressed to the site tenant
  • give a specific reason or state that no reason is given
  • be signed by the owner
  • allow the correct amount of time to give the notice
  • give the date for the site tenant to leave.

The timeframes for serving a notice to vacate under the Residential Tenancies Act 1997 differ, depending on the reason.

It is against the law to give a site tenant a notice to vacate because they were exercising their legal rights, or saying they would do so.

Notice periods

The table below lists the minimum notice period an owner must provide a site tenant, depending on the reason.

Note: from 4 January 2016, Australia Post has introduced three different speeds for mail delivery – express, priority and regular. Allow for mail delivery times which reflect the service you choose when sending a Notice to vacate a rental property.

If the notice is being delivered by mail to a country area, you should factor in an extra two days in addition to standard delivery times.

For more information about postal delivery options and times, visit the Changes to your letters service page on the Australia Post website.

To view tables which 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 on the Victorian Civil and Administrative Tribunal website.

Reasons an owner can issue a notice to vacate

Minimum notice required

The site tenant is intentionally or recklessly causing or allowing serious damage in the park, its facilities, or a hired site.

Immediate

The site tenant is putting people or property in the park in danger.

Immediate

An occupant’s visitor is seriously disturbing the peaceful and quiet enjoyment of others in the park.

Immediate

A site tenant breaches a VCAT compliance order or compensation order.

14 days

A site tenant assigns or sub-lets the site without consent.

14 days

The site is being used for an illegal purpose.

14 days

The site tenant has breached a duty for the third time (and has been given notice twice before to fix that breach).

14 days

It is the end of a fixed-term or periodic site agreement.

365 days

Mortgagee notice to site tenant

If a park owner has put up a park or site as security for a loan, the lender may have the right to take possession if the loan repayments are not kept up.

In this case, the lender (mortgagee) can give the site tenant a notice to vacate. When the mortgage over the park was given:

  • before a site agreement started, the site tenant must be given at least 90 days' notice, unless a longer period is set out in the mortgage agreement
  • after the site agreement started, the site tenant must be given at least 365 days' notice – and where there is a fixed term site agreement, the termination date in the notice cannot be before the end date of the site agreement.
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