Residential Tenancies - Service of Breach Notices, Notices to Vacate and Notices of Rent Increases

As part of operating their business, caravan park operators often are faced with having to serve notices on Part 4A Site Tenants, Part 4 Resident’s or Annual Site Holders at their caravan parks.

The nature of these notices can range from a Notice of Rent Increase to a Notice for a particular occupant to vacate the caravan park.

Regardless of the nature of the Notice to be served, park operators need to ensure compliance with service requirements. The Victorian Civil and Administrative Tribunal (‘’VCAT’’) have demonstrated a rigid adherence to the rules in regard to service and a willingness to strike out any Application which fails to comply with the rules in any way.

Accordingly, when serving any Notices, caravan park operators need to be prudent in ensuring that the rules for service are complied with.

Steps park operators should take include but are not limited to the following: -

·         Ensuring that any Notice is in the prescribed form;

·         Ensuring that the method of service is correct and lawful;

·         Ensuring all particulars inserted in the Notice are accurate;

·         Ensuring proof of service of any Notice is retained as evidence; and

·         Ensuring compliance with any relevant notice period.

This article is prepared to provide a brief summary of the process of serving notices and is not intended nor should be relied upon as legal advice.

If you require more information and specific legal advice on the process with respect to serving Notices or would like service attended to on your behalf, contact Securitec on 1300 171 519 or info@securitec.com.au.