Subject to this Act and the terms of a site agreement, a site tenant has a right—
(a) to occupy and use the Part 4A site to which the site agreement applies; and (b) to have his or her Part 4A dwelling situated on that Part 4A site; and (c) to use the facilities and common areas of the Part 4A park in which that Part 4A site is located.
(a) the suitability of the co-habitant; and (b) any other reasons for withholding consent.
Despite any Act or law to the contrary, including the common law, a Part 4A dwelling owned by a site tenant does not form a fixture of the Part 4A site on which the Part 4A dwelling is situated.
A site agreement cannot be entered into in relation to Crown land.
Penalty: 150 penalty units.
(a) make the site agreement illegal, invalid or unenforceable; or (b) affect the application of this Act to the site agreement.
(a) accepts rent without reservation; or (b) otherwise acted in part performance of the site agreement.
(a) from the day on which rent was accepted, if the site owner has accepted rent without reservation; or (b) if the site owner has otherwise acted in part performance of the site agreement, from the day on which the act was performed.
(a) must include the prescribed terms, if any; and (b) may include any other term that is not inconsistent with this Act or the prescribed terms referred to in paragraph (a); and (c) must contain any other prescribed matters.
(a) it is inconsistent with this Act; or (b) it purports to exclude, restrict or modify the application of, or the exercise of a right conferred by, this Act; or (c) it is inconsistent with the prescribed terms referred to in subsection (1)(a) or inconsistent with the matters referred to in subsection (1)(c).
NoteThe Tribunal may declare under sections 206G and 472 that a term of site agreement is invalid.
(a) a term that requires the site tenant to take out any form of insurance; (b) a term that exempts the site owner from liability for an act of—
(i) the site owner or that person's agent; or (ii) a person acting on behalf of the site owner or that person's agent;
(c) a term that provides that if the site tenant contravenes the site agreement, the site tenant is liable to pay—
(i) all or part of the remaining rent under the site agreement; or (ii) increased rent; or (iii) a penalty; or (iv) liquidated damages;
(d) a term that provides that if the site tenant does not contravene the site agreement—
(i) the rent is reduced; or (ii) the rent may be reduced; or (iii) the site tenant is to be paid a rebate or other benefit; or (iv) the site tenant may be paid a rebate or other benefit;
(e) any other prescribed prohibited term.
NoteSection 206F provides that terms which must not be included in a site agreement are invalid.
Penalty: 25 penalty units.
(a) declaring a term of a site agreement invalid; or (b) varying a term of a site agreement.
(a) is harsh or unconscionable; or (b) is such that a court exercising its equitable jurisdiction would grant relief.
(a) a proposed site agreement; or (b) any other document which contains terms that are proposed to form part of the site agreement—
to sign unless the site owner has given the site tenant a copy of that proposed site agreement or other document at least 20 days earlier.
Penalty: 60 penalty units.
(a) given to the site owner or an agent of the site owner; or (b) left at the address for service of the site owner specified in the site agreement.
(a) a site tenant or his or her agent enters into a Part 4A dwelling purchase agreement with—
(i) a site owner, whether acting as site owner or as agent of another person; or (ii) an agent of a site owner referred to in subparagraph (i); and
(b) the Part 4A dwelling that is the subject of the Part 4A dwelling purchase agreement is located or intended to be located on a Part 4A site that is let or intended to be let by the site owner to the site tenant under a site agreement.
(a) if the site tenant has been given a proposed site agreement by the site owner or the site owner's agent—within 20 days from the date that the site agreement was given to the site tenant; or (b) if the site tenant has entered into a site agreement with the site owner and the site tenant rescinds the site agreement in accordance with section 206J—at the time that the site tenant rescinds the site agreement.
(a) given to the site owner or the site owner's agent; or (b) left at the address for service of the site owner specified in the Part 4A dwelling purchase agreement.
agent includes employee, contractor and subcontractor;proposed site agreement includes—
(a) a copy of that agreement; (b) any other document which contains terms that are proposed to form part of the site agreement or a copy of that document;
related party, in relation to a site owner, means—
(a) the partner, child, parent or sibling of the site owner; or (b) the partner of the child, parent or sibling of the site owner; or (c) a business partner of the site owner; or (d) a corporation owned, managed or effectively controlled by the site owner or a person referred to in paragraph (a), (b) or (c);
site owner includes a related party of a site owner.
A site owner or that person's agent must not provide a person with an application form to apply to enter into a site agreement unless the application form includes a statement that contains the prescribed information.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the site owner or that person's agent in contravention of this Division.
A site owner or that person's agent must not use personal information disclosed by a person on an application form to apply to enter into a site agreement unless the use is for—
(a) the purposes of assessing the person's suitability as a site tenant; or (b) another purpose required by this Act.
A site owner or that person's agent must not request a person who applies to enter into a site agreement to disclose the prescribed information.
(a) if the site owner has engaged an agent to sell the Part 4A park or Part 4A site or prepared a contract of sale, that there is a proposal to sell the Part 4A park or Part 4A site; (b) if the site owner is not the freehold owner of the land on which the Part 4A park is situated—
(i) the nature of the site owner's interest in the land; and (ii) any limitations on the site owner's ability to grant interests in the land to the site tenant;
(c) if a mortgagee has commenced a proceeding to enforce a mortgage over the Part 4A park or Part 4A site, that a mortgagee is taking action for possession of the Part 4A park or Part 4A site; (d) if the site owner is not the owner of the Part 4A park, that the site owner has a right to let the Part 4A site; (e) if the site is separately metered for the supply of electricity and the Part 4A park or Part 4A site is supplied with electricity from an embedded electricity network, the prescribed details of the embedded electricity network; (f) any other prescribed information in relation to the Part 4A park or Part 4A site.
Penalty: 60 penalty units.
NoteA site tenant may apply to the Tribunal under section 452(3AD) in respect of a breach to disclose information required under this section.
(a) the amount of rent payable under the site agreement for one month, unless an order is in force under section 206M; or (b) the maximum amount of the bond determined under an order in force under section 206M.
Penalty: 60 penalty units.
A site owner who wishes to demand a bond in relation to a site agreement or proposed site agreement which exceeds the limit set under section 206K may apply to the Tribunal for an order determining the maximum amount of the bond.
On an application under section 206L, the Tribunal may make an order determining the maximum amount of bond payable if it considers that it is reasonable to increase the bond having regard to the character and condition of the Part 4A site.
A person must not demand or accept a bond for a subsequent site agreement under which a site tenant continues in occupation of a Part 4A site if that site tenant—
(a) has paid a bond for the initial site agreement under which the amount of rent payable for one week does not exceed the prescribed amount; and (b) continues in occupation of the Part 4A site under the subsequent site agreement.
Penalty: 60 penalty units.
Penalty: 25 penalty units.
(a) signed by or on behalf of the site tenant; or (b) with an endorsement so signed to the effect that the site tenant agrees or disagrees with the whole or any specified part of the report.
(a) in the presence of the other party; or (b) in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) order that the condition report must be amended; or (b) order that the condition report is not required to be amended.
(a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the Part 4A site; or
Penalty: 60 penalty units.
(a) has not paid a bond or has not been required to pay a bond; and (b) has obtained a guarantee in relation to a site agreement—
the guarantee is unenforceable against the guarantor to the extent to which the amount guaranteed exceeds the amount of rent payable under the site agreement for one month.
(a) the rent, fees and other charges payable under the site agreement; and (b) the amount of the rent, fees and other charges payable under the site agreement; and (c) the purposes for which the rent, fees and other charges are charged under the site agreement; and
(d) the basis on which the rent, fees and other charges are calculated and adjusted under the site agreement, including in accordance with section 206SA(1); and (e) the circumstances in which the rent, fees and other charges may be reviewed; and
(f) the commission (if any) that may be charged by the site owner for the sale of the site tenant's Part 4A dwelling; and
(g) any prescribed matters relating to rent, fees and charges under site agreements.
(a) subject to subsection (3), by a fixed amount in accordance with a specified method of calculating the rent increase; or (b) by a non-fixed amount.
NoteA term referred to in subsection (1) may be varied by agreement with the site owner, the subject of an application under section 206G or the subject of an unfair contract term claim under the Australian Consumer Law (Victoria).
ExampleA site agreement may contain a term that the rent will increase each year by 2% or the CPI percentage rate in that year, whichever is higher.
(a) be in the prescribed form; and (b) specify—
(i) the amount of increased rent; and (ii) the method used to calculate the increased rent amount; and (iii) the date from which the increased rent is payable.
NoteA notice may be challenged under section 206G or the Australian Consumer Law (Victoria).
A site owner must not require a site tenant to pay rent more than one month in advance.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth; (b) any prescribed payment method.
(a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.
Penalty: 25 penalty units.
(a) the end of 12 months after receiving the payment; or (b) if the site tenant requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the site tenant.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
(a) the name of the site tenant and the Part 4A park; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent.
(a) a site agreement; or (b) a proposed site agreement that is to replace an existing site agreement.
* * * * *
(a) carry out an investigation; and (b) give a written report to the site tenant and a copy of the report to the site owner.
(a) include a statement informing the site tenant of the site tenant's right under section 206X to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in section 206Y(3).
(a) make an order—
(i) declaring the proposed rent excessive; and (ii) directing that for the period specified in the order the rent must not exceed the amount specified in the order; or
(b) dismiss the application.
(a) the rent payable for a similar Part 4A site in the Part 4A park; (b) the rent payable for a similar Part 4A site in a similar Part 4A park in a similar location; (c) the state of repair and general condition of the Part 4A site and the Part 4A park; (d) any variation in the cost of providing facilities or services that the site owner provides; (e) any changes in the rent and the condition of the Part 4A site or facilities in the Part 4A park since the site tenant first occupied the Part 4A site and since the last rent increase; (f) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases; (g) any improvements made to the Part 4A site which should not result in an increase because they were made by the site tenant; (h) the terms of the existing or proposed site agreement (if any).
(a) the increased rent specified in the notice under section 206V; or (b) 110% of the rent immediately before the notice was given.
(a) the amount agreed between them; or (b) an amount determined by the Tribunal in the absence of any agreement on an application by either party.
(a) the reduction in rent is to take effect from the time the site owner ceased to provide services to the site tenant; and (b) the site owner is to refund to the site tenant any excess rent paid by the site tenant from the time the site owner ceased to provide services until the date of the order.
A person must not take or dispose of the goods or Part 4A dwelling of a site tenant on account of rent owing by the site tenant.
Penalty: 60 penalty units.
A site owner is liable for—
(a) the installation costs and charges in respect of the initial connection to a Part 4A site of any electricity, water or gas (including bottled gas) supply service;
(b) the cost of all services to a Part 4A site if those services are not separately metered; (c) all charges arising from a water supply service to a separately metered Part 4A site that are not based on the amount of water supplied or used;
(d) all charges related to the supply or use of sewerage and drainage services to or at a separately metered Part 4A site that are not based on the extent of use of the services;
Penalty: 60 penalty units.
(a) must be claimed by the site tenant and the site owner has given the site tenant the opportunity to claim it and the site tenant does not do so by the payment date set by the relevant supplier of the utility; or (b) is paid directly to the site tenant as a refund.
(a) the site owner has withheld consent unreasonably, if the site owner has withheld consent; or (b) the site owner has imposed unreasonable conditions relating to the non-residential use of the site, if the site owner has imposed conditions of use on consent given under subsection (1).
(a) that consent by the site owner for the non‑residential use of the site is not required; and (b) that conditions specified in the order apply to the non-residential use of the site.
(a) use the Part 4A site, Part 4A park and facilities properly; and (b) ensure that his or her visitors (if any) do the same.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site tenant must not use the Part 4A site or permit its use for any purpose that is illegal at common law or under an Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site tenant must pay the rent, fees and other charges agreed with the site owner on the due dates and in the agreed manner.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site tenant must not do anything in or near the Part 4A dwelling, Part 4A site or Part 4A park or allow his or her visitors to the Part 4A site or Part 4A park to do anything which interferes with—
(a) the privacy and peace and quiet of other occupants of the Part 4A park; or (b) the proper use and enjoyment of the Part 4A park by other occupants of the Part 4A park.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) reasonably clean and tidy; and (b) in the same condition as when the site tenant entered into possession of the Part 4A site, taking into account fair wear and tear to the Part 4A site during occupation.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site tenant must keep the Part 4A dwelling that the site tenant occupies in a condition, taking into account fair wear and tear, that is—
(a) in good repair; and (b) safe to occupy; and (c) does not pose a significant health risk.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) install any fixtures on the Part 4A site or in the Part 4A park; or (b) erect any structure other than a Part 4A dwelling on the Part 4A site or in the Part 4A park; or (c) make any alteration, renovation or addition to the Part 4A site or in the Part 4A park.
(a) reasonable alterations within the meaning of section 55 of the Equal Opportunity Act 2010; and (b) assessed and determined to be required modifications by an accredited occupational therapist or a prescribed practitioner.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the site owner or that person's agent in contravention of this section.
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(a) repair the damage; or (b) notify the site owner of the damage and pay compensation for the damage to the site owner.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site tenant must not allow more than the number of persons agreed with the site owner to reside on the Part 4A site.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site tenant must observe all Part 4A park rules made from time to time in accordance with this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) supplies false information to the site tenant in the statements required to be given by this section; or (b) fails to supply all the information required to be supplied in the statements required to be given by this section—
the site tenant may rescind the site agreement that has been entered into on the basis of that information within 28 days of the date that the site agreement is entered into.
(a) a notice of intention to acquire land has been served under section 6 of the Land Acquisition and Compensation Act 1986; and (b) the land is subject to a site agreement—
the site tenant may rescind the site agreement at any time within 28 days from the date that the site agreement is entered into.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Penalty: 25 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site owner must—
(a) provide 24 hours vehicular access for all site tenants to all Part 4A sites; and (b) provide 24 hour access for all site tenants to the Part 4A park; and (c) provide access during all reasonable hours for site tenants to the recreational areas and laundry and communal facilities that the site tenant is entitled to access under the terms of a site agreement.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A site owner must maintain in good repair any site occupied by a site tenant, including any structures or fixtures owned by the site owner.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
ExampleExcessive usage charges caused by a leak in the underground pipe of a water service connected to a site in a Part 4A park or a Part 4A park.
(a) the site tenant has notified the site owner, as soon as practicable, of—
(i) the excessive usage charges; and (ii) the fault that caused the excessive usage; and
(b) the fault was not caused by any action or omission of the site tenant.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) whether the site tenant had knowledge of the fault; (b) whether the site tenant took reasonable steps to notify the site owner or that person's agent of the fault; (c) whether the site tenant has been compensated by another person for any part of the excessive usage charges; (d) whether the site owner has complied with this Act in respect of any urgent repairs; (e) any diagnosis made by a water authority or other suitably qualified person in respect of the fault; (f) any maintenance and repairs conducted by the site owner; (g) any other matter the Tribunal considers appropriate.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) minimise inconvenience and disruption to site tenants; and (b) if necessary, provide temporary substitute facilities.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) written notice of the site owner's full name and address for the service of documents; and (b) an emergency telephone number to be used in the case of the need for urgent repairs.
Penalty: 25 penalty units.
(a) written notice of the agent's full name and address for service of documents and the agent's telephone number; and (b) a written statement setting out—
(i) whether or not the agent can authorise urgent repairs; and (ii) if the agent can authorise urgent repairs, the maximum amount for repairs which the agent can authorise; and (iii) the agent's telephone number for urgent repairs.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) the making and abatement of noise; (b) motor vehicle speed limits within the Part 4A park; (c) the parking of motor vehicles; (d) the disposal of refuse; (e) the keeping of pets; (f) the playing of games and other sports activities; (g) the use and operation of communal facilities.
(a) provide a copy of the Park 4A park rules to a site tenant before entering into a site agreement with the site tenant; and (b) take all reasonable steps to ensure that the Part 4A park rules are observed by all site tenants; and (c) ensure that the Part 4A park rules are reasonable and are enforced and interpreted consistently and fairly.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) provided details of the proposed amendment to the Part 4A park rules in writing to the site tenants; and (b) allowed at least 14 days for the site tenants to respond in writing; and (c) considered and responded in writing to any written responses received from the site tenants.
(a) the location of the Part 4A park; and (b) the number and characteristics of the site tenants and other residents of the Part 4A park; and (c) the internal layout of the Part 4A park; and (d) the amenities, improvements, facilities and other physical features of the Part 4A park; and (e) the levels of rent and other charges paid by the site tenants; and (f) any other prescribed matters.
(a) the site tenant has taken reasonable steps to arrange for the site owner or that person's agent to immediately carry out the urgent site repairs to the Part 4A site; and (b) the site owner or that person's agent did not carry out those repairs.
(a) the site tenant must give the site owner 7 days written notice of—
(i) the repairs carried out; and (ii) the cost of those repairs; and
(b) the site owner is liable to reimburse the site tenant for the reasonable cost of the urgent site repairs, or a prescribed greater amount (which includes any amount in respect of any GST payable on the supply to which the urgent site repairs relate), whichever is less.
(a) to equipment or appliances supplied by the site tenant; or (b) if there is no immediate danger to health and safety and the site tenant is able to use facilities in the communal areas of the Part 4A park.
(a) the site tenant cannot pay the cost of the repairs; or (b) the repairs cost more than a prescribed amount (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate); or (c) the site owner or that person's agent has refused to pay the cost of the urgent repairs.
(a) the site tenant has given notice to the site owner that site repairs (other than urgent site repairs) are required to—
(i) the site which the site tenant occupies; or (ii) a structure or a fixture on the Part 4A site owned by the site owner; and
(b) the site owner has not carried out the site repairs within 14 days after receiving the notice.
(a) may investigate; and (b) may negotiate arrangements for the carrying out of site repairs if the Director is satisfied that the site owner is in breach of the duty to maintain the site, or a structure or a fixture in the Part 4A park owned by the site owner, in good repair; and (c) may give a written report to the site tenant.
(a) the site tenant has given written notice to the site owner that non-urgent repairs are required to the site; and (b) the site owner has not caused the repairs to be carried out within 14 days after being given notice referred to in paragraph (a).
(a) whether the repairs are needed because of—
(i) an act or omission of the site tenant; or (ii) non-compliance by the site tenant with a provision of a site agreement or a site tenant's duties under section 206ZO;
(b) whether the site owner or that person's agent—
(i) was notified of the repairs; and (ii) was given a reasonable opportunity to carry out the repairs;
(c) whether the site tenant arranged for a suitably qualified person to carry out the repairs; (d) whether the site owner was required to engage a suitably qualified person to verify the quality of the repairs; (e) whether the site tenant has provided documentary evidence of the repair, including any receipts or copies of receipts for repair costs.
(a) a notice requiring the carrying out of repairs has been given to the site owner in accordance with this Act; and (b) the site owner has failed to comply with the duty to carry out the repairs; and (c) the site owner has not demonstrated that the site owner—
(i) is experiencing financial hardship; or (ii) would experience financial hardship if the rent was paid into the Rent Special Account.
(a) the amount of the rent held in the Rent Special Account at the end of that period must be paid to the site owner; and (b) on an application by the site owner, the Tribunal may order that the whole, or such part of the rent as it may determine, be paid to the site owner before the end of that period, if it is satisfied that the site owner has fulfilled or is fulfilling the site owner's duty to carry out the repairs.
(a) the Tribunal has made an order under subsection (2) that rent be paid into the Rent Special Account; and (b) the site owner has not effected any required repairs at the Part 4A site by the end of the period stated in that order.
(a) an eviction notice given to the site owner; (b) a disconnection notice in respect of a service or utility account held by the site owner; (c) a notice of legal proceedings issued against the site owner; (d) a letter from a non-profit organisation about the site owner's loss of employment or financial hardship; (e) a notice from a lender to the site owner, including—
(i) an overdraft call; or (ii) a repossession notice in respect of a mortgaged property;
(f) outstanding medical bills of the site owner; (g) a letter from a doctor in respect of the impact of the site owner's illness or carer's responsibility on the ability of the site owner to earn an income; (h) a final notice from a school to the site owner in respect of the payment of mandatory schooling fees; (i) funeral expenses payable by the site owner; (j) a repossession notice served on the site owner in respect of an essential item; (k) a hardship variation, or a written request to vary the terms of an existing loan held by the site owner; (l) any other prescribed document.
Sections 206ZZAC, 206ZZAD and 206ZZAE do not apply to damage caused by the misuse or the negligence of the site tenant or a site tenant's visitor.
If a Part 4A park is occupied by residents under Part 4 and site tenants under Part 4A—
(a) only one committee may be formed for the park; and (b) the committee's members may include residents and site tenants.
A site tenant is entitled to participate in any site tenants' committee formed in respect of a Part 4A park of which he or she is a site tenant.
Penalty: 60 penalty units.
(a) a proposed change to the Part 4A park rules; and (b) a proposal to remove or substantially restrict a facility or service available within the park; and (c) a proposal to provide a new facility or service within the park.
(a) has provided details of the proposal in writing to the committee; and (b) has allowed at least 14 days for the committee to respond in writing; and (c) has considered and responded in writing to any written response received from the committee.
(a) the Part 4A dwelling being sold has a serious defect; and (b) no undertaking has been given to the site owner to rectify the defect.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the site owner or that person's agent in contravention of this section.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the site owner or that person's agent in contravention of this section.
(a) the site owner withholds consent; and (b) the site tenant believes that the withholding of the consent is unreasonable.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 100 penalty units.
Penalty: 60 penalty units.
Penalty: 150 penalty units in the case of a natural person;
(a) the site owner refuses consent to the assignment of a site agreement under section 206ZZD(1D); and (b) the Part 4A dwelling has a serious defect; and (c) no undertaking has been given to the site owner to rectify the serious defect.
(a) the services provided by the site owner as a selling agent caused the sale; and (b) the purchaser of the site dwelling is not the site owner or a related party of the site owner.
related party, in relation to a site owner, means—
(a) the partner, child, parent or sibling of the site owner; or (b) the partner of the child, parent or sibling of the site owner; or (c) a business partner of the site owner; or (d) a corporation owned, managed or effectively controlled by the site owner or a person referred to in paragraph (a), (b) or (c).
(a) if the site tenant agrees at the time entry is sought; or (b) if there is an emergency and immediate entry is necessary to save life or valuable property; or
(c) if the Tribunal has made an abandonment order under section 207V; or (d) for a purpose set out in section 206ZZJ, at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the site tenant in accordance with section 206ZZL.
(a) if the site tenant agrees at the time entry is sought; or (b) if there is an emergency and immediate entry is necessary to save life or valuable property; or
(c) if the Tribunal has made an abandonment order under section 207V.
A right of entry in respect of a Part 4A site may be exercised if—
(a) before giving notice of entry, a notice to vacate or a notice of intention to vacate the Part 4A site has been given and entry is required to show the Part 4A site to a prospective site tenant; or (b) the Part 4A site is to be sold or used as security for a loan and entry is required to show the Part 4A site to a prospective buyer or lender; or (c) entry is required to enable the site owner to carry out a duty under this Act or any other Act; or (d) the site owner or the site owner's agent has reasonable grounds to believe that the site tenant has failed to comply with his or her duties under this Act; or (e) entry is required to enable inspection of the Part 4A site and entry for that purpose has not been made within the last 6 months.
A person exercising a right of entry under this Division—
(a) must do so in a reasonable manner; and (b) must not stay on the Part 4A site or in the Part 4A dwelling longer than is necessary to achieve the purpose of the entry without the site tenant's consent.
A notice under this Division requiring entry must—
(a) be in writing; and (b) state why the site owner or the site owner's agent wishes to enter; and (c) be given—
(i) by post; or (ii) by delivering it personally to the site tenant between the hours of 8 a.m. and 6 p.m.
A site tenant has a duty to permit a person exercising a right of entry in accordance with this Division to enter the Part 4A site or Part 4A dwelling (as the case requires).
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the site tenant's goods on the Part 4A site; or (b) may refuse to make an order.
(a) may make an order prohibiting the site owner or the site owner's agent from exercising a right of entry under this Division (except for a purpose set out in section 206ZZJ(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or (b) may refuse to make an order.
A site owner or a site owner's agent must not, without reasonable excuse, enter a Part 4A site or a Part 4A dwelling occupied by a site tenant otherwise than in accordance with this Division.
Penalty: 25 penalty units.
Despite any Act or law to the contrary, a site agreement does not terminate and must not be terminated except in accordance with this Division or Part 7 or 8.
A site agreement may be terminated by agreement of the site owner and site tenant.
A site agreement terminates if the site owner or the site tenant gives a notice to vacate or a notice of intention to vacate the Part 4A site under this Division and—
(a) the site tenant vacates the Part 4A site on or after the termination date specified in the notice; or (b) the site agreement terminates in accordance with section 334.
A site agreement terminates if the site tenant abandons the Part 4A site.
A site agreement terminates if—
(a) the site tenant is not in possession, occupation or use of the Part 4A site because the site tenant has sub-let it; and (b) the site owner or site tenant gives a notice to vacate or a notice of intention to vacate the Part 4A site under this Division; and (c) the period (if any) between the date on which the notice is given and the termination date specified in the notice has expired.
A site agreement terminates if the land owner gives a notice to vacate in accordance with section 207ZF and—
(a) the site tenant vacates the Part 4A site on or after the termination date specified in the notice; or (b) the site agreement terminates in accordance with section 334.
A site agreement may terminate by merger (that is, where the interests of the site owner and the site tenant become vested in one person).
A site agreement may terminate by disclaimer (for example, on repudiation of the agreement by the site tenant accepted by the site owner).
A site agreement terminates if the site tenant has not entered into occupation or use of the Part 4A site and has given a notice of termination of the site agreement to the site owner on the ground that the Part 4A site—
(a) is unsafe; or (b) is not legally available for use as a Part 4A site; or (c) is for any other reason unavailable for occupation.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) a site tenant's Part 4A dwelling; or (b) a Part 4A site on which the site tenant's Part 4A dwelling is situated; or (c) the Part 4A park in which the site tenant's Part 4A dwelling is situated.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) withdraw or restrict services or facilities which are reasonably required for the occupation of a Part 4A dwelling on a Part 4A site as a residence; or (b) prevent the site tenant from using any facilities; or (c) do any other act or thing intended or designed to cause the site tenant to abandon the Part 4A site.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) the term of a fixed term site agreement to which this Act applies ends; and (b) the site tenant under that agreement continues in occupation of the Part 4A site otherwise than as a site tenant under a fixed term site agreement.
(a) if the rental period under the fixed term site agreement was more than one month, a monthly period; and (b) if the rental period under the fixed term site agreement was one month or less, a period equivalent to that rental period.
(a) reducing the term of the agreement by a period stated in the order; and (b) making any variations to the terms of the agreement that are necessary because of the reduction of the term.
(a) an order terminating the existing site agreement for the Part 4A site; or (b) an order—
(i) terminating the existing site agreement for the Part 4A site; and (ii) requiring the site owner to enter into a new site agreement with the person and other persons (if any) specified in the application.
(a) a party to the existing site agreement who—
(i) has been or is being subjected to family violence by another party to the existing site agreement; or (ii) is a protected person under a personal safety intervention order made against another party to the existing site agreement;
(b) a person—
(i) who is the owner or co-owner of the Part 4A dwelling at law or in equity or who is residing in the Part 4A dwelling as the person's principal place of residence; and (ii) who is not a party to the existing site agreement; and (iii) who—
(A) has been or is being subjected to family violence by a person who is a party to the existing site agreement; or (B) is a protected person under a personal safety intervention order made against a person who is a party to the existing site agreement.
(a) the person who made the application or on whose behalf the application was made; (b) the site owner; (c) any site tenant who is excluded from the Part 4A dwelling under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2); (d) any other existing joint site tenants of the Part 4A site.
(a) within 3 business days of the application being made; or (b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(a) terminating the existing site agreement for the Part 4A site; and (b) requiring the site owner to enter into a new site agreement for the Part 4A site with the person and other persons (if any) referred to in the application.
(a) the specified person or that person's dependent children would be likely to suffer severe hardship if the site agreement for the Part 4A site were not terminated; and (b) the hardship suffered by the specified persons would be greater than any hardship the site owner would suffer if the order were made; and (c) if a site tenant is excluded from the Part 4A dwelling under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing site agreement for the Part 4A site; and (d) it is reasonable to do so given the interests of any other site tenants (other than any excluded site tenant) under the existing site agreement for the Part 4A site and, in particular, whether the other site tenants support the specified person's application.
(a) the specified person and other persons (if any) could reasonably be expected to comply with the duties of a site tenant under a site agreement; and (b) the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the Part 4A dwelling; and (c) the hardship suffered by the specified person would be greater than any hardship the site owner would suffer if the order were made; and (d) if a site tenant is excluded from the Part 4A dwelling under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing site agreement; and (e) it is reasonable to do so given the interests of any other site tenants (other than any excluded site tenants) under the existing site agreement and, in particular, whether the other site tenants support the specified person's application.
(a) whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person; (b) if an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person—
(i) whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and (ii) if there is a notice or an order in effect, whether a site tenant is excluded from the Part 4A dwelling under the notice or order;
(c) the ownership of the Part 4A dwelling; (d) any prescribed matters; (e) any other matter the Tribunal considers relevant.
(a) be subject to the same rent and frequency of rent payments as the existing site agreement; and (b) if the existing site agreement is for a fixed term, run for a term not longer than the remainder of that fixed term; and (c) otherwise, be on the same terms and conditions as the existing site agreement, subject to any changes the Tribunal determines.
(a) an order that the site owner or that person's agent must ensure that the specified person has access to the Part 4A dwelling to remove the person's goods; (b) an order that the site owner or that person's agent must not list information about the specified person on a residential tenancy database within the meaning of Part 10A.
specified person means a person specified in section 207M(2).
(a) a site tenant who is excluded from a Part 4A dwelling under—
(i) a family violence safety notice; or (ii) a family violence intervention order; or (iii) a recognised non-local DVO; or (iv) a personal safety intervention order;
(b) a person specified in section 207M(2); (c) any other site tenant under the existing site agreement.
(a) liabilities relating to unpaid rent; and (b) liabilities relating to damage caused to the site; and (c) liabilities relating to outstanding utility charges.
(a) a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and (b) a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.
(a) as to those matters set out in section 207N(2), in the case of an application under section 207M(1)(b); and (b) as to those matters set out in section 207N(1B), in the case of an application under section 207M(1)(a); and (c) in accordance with any conditions to which the leave granted is subject.
A notice of intention to vacate given under section 207Q in respect of a fixed term site agreement is of no effect if it specifies a termination date that is earlier than the end of the term of the site agreement.
(a) a site tenant has been given a notice to vacate under section 207ZG; or (b) a site tenant requires special or personal care and needs to vacate the Part 4A site in order to obtain that care; or
(c) a site tenant has been offered and accepted accommodation from Homes Victoria or a registered housing agency; or (d) a site tenant requires temporary crisis accommodation and needs to vacate the Part 4A site in order to obtain that accommodation.
(a) assistance with one or more of the following—
(i) bathing, showering or personal hygiene; (ii) toileting; (iii) dressing or undressing; (iv) meals; or
(b) physical assistance for persons with mobility problems; or (c) assistance for persons who are mobile but require some form of supervision or assistance; or (d) assistance or supervision in dispensing medicine; or (e) the provision of substantial emotional support in a health or residential service.
(a) the site owner has breached a site owner's duty provision; and (b) on 2 previous occasions the site owner has been in breach of the same site owner's duty provision; and (c) the site tenant or the site tenant's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the site owner.
(a) the Part 4A site; or (b) the Part 4A park, including any common areas; or (c) any facility in the Part 4A park, including any safety equipment.
(a) any person in the Part 4A park; or (b) the site owner or the owner's agent; or (c) a contractor or employee of a person referred to in paragraph (b).
(a) the site owner or the owner's agent; or (b) a contractor or employee of a person referred to in paragraph (a).
(a) the site tenant has breached a duty provision; and (b) on 2 previous occasions the site tenant has been in breach of the same duty provision; and (c) the site owner or the site owner's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the site tenant.
Penalty: in the case of a natural person—60 penalty units;in the case of a body corporate—300 penalty units.
NoteSee also section 215A in relation to compensation for eligible site tenants and effect on validity of notice to vacate.
(a) to give the site tenant a notice to vacate the site; or (b) to recover possession of the Part 4A site; or (c) to give a breach of duty that applies to the site agreement.
(a) the exercise, or proposed exercise, by the site tenant of a right under this Act or the site agreement; or (b) the site tenant making a report under section 206ZO(2).
(a) on or after the date of the end of the fixed term and not less than 365 days from the date of the notice to vacate, if the site agreement is a fixed term site agreement that was entered into—
(i) before the mortgage was granted in respect of the Part 4A park; or (ii) after the mortgage was granted in respect of the Part 4A park and is consistent with the terms of the mortgage agreement; or
(b) not less than 365 days from the date of the notice to vacate, if the site agreement is a periodic site agreement that commenced—
(i) before the mortgage was granted in respect of the Part 4A park; or (ii) after the mortgage was granted in respect of the Part 4A park and is consistent with the terms of the mortgage agreement; or
(c) not less than 90 days from the date of the notice to vacate, if the site agreement—
(i) was entered into after the mortgage was granted in respect of the Part 4A park;
and (ii) is inconsistent with the terms of the mortgage agreement.
A notice of intention to vacate a Part 4A site is not valid unless—
(a) it is in writing; and (b) it is signed by the person giving the notice or by that person's agent.
A notice to vacate a Part 4A site given under this Division is not valid unless—
(a) it is in the relevant prescribed form; and (b) it is addressed to the Part 4A site tenant; and (c) it is signed by the person giving the notice or by that person's agent; and (d) it specifies the reason or reasons for giving the notice; and (e) it specifies the termination date which is the date by which compliance is required.
If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division—
(a) the invalidity of any of the notices does not affect the validity of any other notice; and (b) each valid notice has full force and effect.
(a) in writing; and (b) signed by the person who gave the notice; and (c) signed by the person to whom the notice was given.
On an application under section 207ZN, the Tribunal must make an order that the notice to vacate is invalid if satisfied that—
(a) the applicant has been, or is being, subjected to family violence or personal violence; and (b) the relevant act or breach on which the notice to vacate was given was caused by the act of a person who has subjected the applicant to family violence or personal violence.