People living in caravan and residential parks can sometimes transfer their right to live in the park to other people.
A resident who is selling the caravan they own on a rented site can transfer their right to live there to the person buying the caravan, as long as the caravan park owner agrees. This is called transferring a residency right.
A Part 4A site tenant who is selling their moveable dwelling can transfer their right to live there to the person buying the dwelling, as long as the site owner agrees. This transfer is called an assignment. Site tenants live in a residential park, own a moveable dwelling and rent the site the dwelling is on. A residential park might be a caravan park or lifestyle village. A moveable dwelling might be a pre-fab home or cabin. Site agreements cover the land that is being rented for the home. Read more about site agreements in residential parks.
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Transfer of residency rights
In a caravan park, a resident can transfer their residency if they own a caravan on a rented site and sell the caravan to someone else.
To transfer a residency right, the resident who is selling their caravan must give the park operator notice in writing using the Transfer of residency right (caravan) (Word, 460KB).
The resident must have the park owner’s permission before transferring the residency right. The owner must give permission unless they have a good reason to refuse. If the operator refuses permission, the resident can apply to the Victorian Civil and Administrative Tribunal (VCAT).
If the park owner does not respond within seven days of receiving the notice of transfer form, the transfer can take place as though permission has been given.
The park owner must not interfere with the sale of a caravan or charge a fee for agreeing to the transfer.
Assignment of site agreement
To assign a site agreement, the site tenant who is selling their movable dwelling must give the site owner notice in writing using the Assignment of part 4A site agreement (Word, 819KB).
The new site tenant will take over responsibility for all fees, charges and rent from the transfer date.
The site tenant must have the site owner’s permission before assigning the site agreement. The site owner must give permission unless they have a good reason to refuse. If the site owner refuses permission, the site tenant can apply to VCAT.
Site owners must not charge a fee for agreeing to an assignment of a site agreement.
Using a sales agent to sell a dwelling
When arranging the sale of a dwelling, the resident or site tenant may use a sales agent. The park or site owner cannot ask the resident or site tenant to use a particular sales agent.
The park or site owner may act as the agent, but they must not require the resident or site tenant to agree to this.
Commission for park operators and site owners
In a caravan park, if the park owner is the agent, they must only charge commission according to the scale set out in the statement that was given to the resident when they moved in.
A site owner in a part 4A site agreement can only charge a commission for the sale if:
- it is specified in the site agreement
- the scale or amount of commission has been stated in the site agreement
- the sale was made because the site owner acted as a selling agent
- the purchaser is not the site owner, someone related to the site owner, or a corporation owned, managed or controlled by the site owner or their relative.
Fixing serious problems before the sale
Before a dwelling owned by a park resident can be sold, the dwelling must:
- be reasonably clean
- be in good repair
- not pose a significant health risk
- not have any serious defects
A park owner can order residents and site tenants to fix these problems before agreeing that the dwelling can be sold.
The park owner may apply to VCAT to order works to be done to fix the problems.
To notify a park operator of a residency right transfer, use this form:
To notify a site owner of a site agreement assignment, use this form:
Renting law reforms
Victoria made significant changes to renting laws in 2021.
Some of the major changes to laws about transferring and assigning rights in caravan and residential parks include:
- park operators can now require a park resident to make sure their dwelling meets certain conditions before they consent to the dwelling being sold
- there are new requirements regarding commission when a residential park dwelling is sold.
You can read about these and other changes in a summary of the reforms or in detailed fact sheets and guides.
Sections of the Act
If you want to know what the law says about transferring rights when a caravan or dwelling is sold, you can read these sections of the Residential Tenancies Act 1997:
- Section 195 – Transfer of residency right
- Section 196 – What if the caravan park owner unreasonably withholds consent to transfer?
- Section 197 – Owner must not charge fee for transfer of resident's rights
- Section 198 – Sale of caravan
- Section 206ZZD – Assignment by a site tenant
- Section 206ZZF – Site tenant may apply to Tribunal
- Section 206ZZG – Site owner cannot ask for fee for giving consent
- Section 206ZZH – Sale of Part 4A dwelling