Residential Tenancies Amendment (Housing Statement Reform and Part 4A Site Agreements) Regulations 2025 (Vic)
Residential Tenancies Amendment (Housing Statement Reform and Part 4A Site Agreements) Regulations 2025
S.R. No. 123/2025
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5New regulations 14A and 14B inserted
6Regulation 15 substituted
7New regulations 21A to 21C inserted
8New regulation 72A inserted
9Regulation 77 substituted
10Form 1 of Schedule 1 amended
11Form 2 of Schedule 1 amended
12New Form 3A of Schedule 1 inserted
13Form 5 of Schedule 1 amended
14Form 7 of Schedule 1 amended
15Form 10 of Schedule 1 amended
16Form 15 of Schedule 1 amended
17New Form 16A of Schedule 1 inserted
18Form 21 of Schedule 1 amended
19Schedule 3 amended
20Schedule 5 amended
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Endnotes
STATUTORY RULES 2025
S.R. No. 123/2025
Residential Tenancies Act 1997
Residential Tenancies Amendment (Housing Statement Reform and Part 4A Site Agreements) Regulations 2025
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 25 November 2025
Responsible Minister:
NICK STAIKOS
Minister for Consumer Affairs
ANGELA SMITH
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to amend the Residential Tenancies Regulations 2021—
(a)to prescribe a residential rental application form for the purposes of section 30AC of the Residential Tenancies Act 1997; and
(b)to prescribe for the purposes of section 30BA of the Residential Tenancies Act 1997 the information that a residential rental provider or their agent may request a person who applies to enter into a residential rental agreement to disclose; and
(c)to prescribe for the purposes of section 51A of the Residential Tenancies Act 1997 prohibited residential rental application and rent payment fees; and
(d)to prescribe for the purposes of Part 2 of the Residential Tenancies Act 1997 additional matters to be considered by the Director and the Tribunal when determining if a proposed rent increase is excessive; and
(e)to prescribe the form of site agreement for the purposes of section 206E of the Residential Tenancies Act 1997; and
(f)to make further provision in relation to pre‑contractual disclosure and rent increases under Part 4A of the Residential Tenancies Act 1997; and
(g)to amend Schedule 5 to prescribe further offences under the Residential Tenancies Act 1997 as infringement offences and infringement penalties in respect of those infringement offences; and
(h)to make consequential and other amendments to those Regulations.
2Authorising provision
These Regulations are made under section 511 of the Residential Tenancies Act 1997.
3Commencement
(1)These Regulations, other than regulation 20, come into operation on 25 November 2025.
(2)Regulation 20 comes into operation on 31 March 2026.
4Principal Regulations
In these Regulations, the Residential Tenancies Regulations 2021[1] are called the Principal Regulations.
5New regulations 14A and 14B inserted
After regulation 14 of the Principal Regulations insert—
"14A Form for application to enter residential rental agreement
(1)This Regulation has effect on and after 31 March 2026.
(2)For the purposes of section 30AC of the Act, the prescribed form is Form 3A in Schedule 1.
(3)Subregulation (2) does not apply in the case of an application to enter into a residential rental agreement—
(a)if the residential rental provider is—
(i)Homes Victoria; or
(ii)a registered agency (within the meaning of the Housing Act 1983); or
(b)if the application is in respect of—
(i)housing provided under a Victorian Affordable Housing Program (within the meaning of the Housing Act 1983); or
(ii)accommodation that is provided under a specialised housing program.
14BInformation which residential rental provider may request rental applicant to disclose
(1)This regulation has effect on and after 31 March 2026.
(2)For the purposes of section 30BA(a) of the Act, the prescribed identity information is the information set out in items 4 and 7 of Part A of Form 3A in Schedule 1.
(3)For the purposes of section 30BA(b) of the Act the prescribed financial information is the information set out in item 6 of Part A of Form 3A in Schedule 1.
(4)For the purposes of section 30BA(c) of the Act the prescribed information relating to the applicant's employment is the information set out in item 5 of Part A of Form 3A in Schedule 1.
(5)For the purposes of section 30BA(d) of the Act the other prescribed matters are set out in Form 3A in Schedule 1.
(6)This regulation does not apply if—
(a)the residential rental provider is—
(i)Homes Victoria; or
(ii)a registered agency within the meaning of the Housing Act 1983; or
(b)the application is in respect of—
(i)housing provided under a Victorian Affordable Housing Program (within the meaning of the Housing Act 1983); or
(ii)accommodation that is provided under a specialised housing program.".
6Regulation 15 substituted
For regulation 15 of the Principal Regulations substitute—
"15 Information which residential rental provider must not require rental applicant to disclose
(1)This regulation has effect on and after 31 March 2026.
(2)For the purposes of section 30C of the Act, the prescribed information is any information other than the information set out in Form 3A in Schedule 1.
(3)Subregulation (2) does not apply to a request for the disclosure of information from a person who applies to enter into a residential rental agreement if—
(a)the residential rental provider is—
(i)Homes Victoria; or
(ii)a registered agency within the meaning of the Housing Act 1983; or
(b)the application is in respect of—
(i)housing provided under a Victorian Affordable Housing Program (within the meaning of the Housing Act 1983); or
(ii)accommodation that is provided under a specialised housing program.".
7New regulations 21A to 21C inserted
After regulation 21 of the Principal Regulations insert—
"21A Matters to be considered by the Director when determining if rent is excessive
(1)This regulation has effect on and after 31 March 2026.
(2)For the purposes of section 45(4)(b)(ii) of the Act, the prescribed matters in relation to an application under section 45(1)(b) of the Act are—
(a)the proposed rent compared to the current rent; and
(b)the rate of increase between the current rent and the proposed rent having regard to the annual inflation rate; and
(c)relevant similarities and differences between the premises and comparable premises that are the basis of comparison under section 47(3)(a) of the Act, including—
(i)the location; and
(ii)the facilities at the premises; and
(iii)the size of the land and any dwelling on the land; and
(iv)the state of repair and general condition of the dwelling or dwellings; and
(v)the number of bedrooms; and
(d)whether the residential rental provider is contravening a provision of Division 5A of Part 2 of the Act and the contravention is the subject of—
(i)an order made by the Tribunal; or
(ii)an infringement notice issued by an authorised officer within the meaning of section 510B of the Act; or
(iii)a court order; and
(e)if—
(i)the residential rental provider is a provider listed in subregulation (4); or
(ii)the application is in respect of—
(A)housing provided under a Victorian Affordable Housing Program (within the meaning of the Housing Act 1983); or
(B)accommodation that is provided under a specialised housing program—
any proposed rent that has been validated by the Valuer‑General and approved by the Chief Executive Officer of Homes Victoria in relation to the premises.
(3)For the purposes of subregulation (2)(b), the annual inflation rate means the Consumer Price Index—All Groups Melbourne calculated using the most recent quarterly release from the Australian Bureau of Statistics that states the "All Groups CPI" change in the past 12 months for Melbourne.
(4)For the purposes of subregulation (2)(e), the residential rental providers are—
(a)Homes Victoria; or
(b)a registered agency within the meaning of the Housing Act 1983.
21BMatters to be considered by Tribunal when determining if rent is excessive
(1)This regulation has effect on and after 31 March 2026.
(2)For the purposes of section 47(3)(j) of the Act, the prescribed matters in relation to an application under section 46 in relation to a proposed rent increase are—
(a) the proposed rent compared to the current rent; and
(b) the rate of increase of the proposed rent compared to the current rent, having regard to the annual inflation rate; and
(c) relevant similarities or differences between the premises and comparable premises that are the basis of comparison under section 47(3)(a) of the Act, including—
(i)the location of the premises; and
(ii)the facilities at the premises; and
(iii)the size of the land and any dwelling on the land; and
(iv)state of repair and general condition of the dwelling or dwellings; and
(v)the number of bedrooms; and
(d)whether the residential rental provider is contravening a provision of Division 5A of Part 2 of the Act and the contravention is the subject of—
(i)an order made by the Tribunal; or
(ii)an infringement notice issued by an authorised officer within the meaning of section 510B of the Act; or
(iii)a court order; and
(e)if—
(i)the residential rental provider is a provider listed in subregulation (4); or
(ii)the application is in respect of—
(A)housing provided under a Victorian Affordable Housing Program (within the meaning of the Housing Act 1983); or
(B)accommodation that is provided under a specialised housing program—
any proposed rent that has been validated by the Valuer‑General and approved by the Chief Executive Officer of Homes Victoria in relation to the premises.
(3)For the purposes of subregulation (2)(b), the annual inflation rate means the Consumer Price Index—All Groups Melbourne calculated using the most recent quarterly release from the Australian Bureau of Statistics that states the "All Groups CPI" change in the past 12 months for Melbourne.
(4)For the purposes of subregulation (2)(e), the residential rental providers are—
(a)Homes Victoria; or
(b)a registered agency within the meaning of the Housing Act 1983.
21CProhibited rental application and rent payment fees
(1)This regulation has effect on and after 31 March 2026.
(2)For the purposes of section 51A(1) of the Act, the prescribed matters are the following—
(a)background checks;
(b)tenancy or rental agreement history checks;
(c)credit checks;
(d)tenancy or rental agreement database checks;
(e)identity verification;
(f)administrative costs;
(g)failed payments;
(h)an application to enter into a residential rental agreement;
(i)rent payment (other than payment surcharge fees permitted under any other Act).".
8New regulation 72A inserted
After regulation 72 of the Principal Regulations insert—
"72A Prescribed form of site agreement
(1)This regulation has effect on and after 1 July 2026.
(2)For the purposes of section 206E(2A) of the Act, the prescribed form of a site agreement is Form 16A in Schedule 1.".
9Regulation 77 substituted
For regulation 77 of the Principal Regulations substitute—
"77 Information that site owners must disclose
(1)This regulation has effect on and after 1 July 2026.
(2)For the purposes of section 206JF(1)(ed) of the Act, the following financial matters are prescribed—
(a)details of the site rent, including—
(i)the amount of the first site rent payment; and
(ii)the date on which the first site rent payment is due; and
(iii)the intervals at which site rent payments are due; and
(iv)the method or methods of calculating any fixed amount site rent increases; and
(v)the interval at which fixed amount site rent increases are applied; and
(vi)for each method of calculating a fixed amount rent increase that is specified in the site agreement, the cost of site rent after 1, 2, 5 and 10 years if only that method were applied; and
(vii)any fees or charges for connection to or use of any utilities that are separately metered and supplied to the Part 4A site;
(b)any additional fees or charges payable by the site tenant for the use of services or facilities provided at the Part 4A park;
(c)any additional charge payable by a site tenant when a visitor stays at the Part 4A site;
(d)the cost of a replacement or additional key or device to gain vehicular access to the Part 4A park;
(e)details of the site tenant's liabilities on permanent departure from the Part 4A park or Part 4A site if the site tenant permanently departs after 1, 2, 5 or 10 years' residence, including—
(i)the amount of and method of calculating any deferred management fee or exit fee payable by the site tenant; and
(ii)any sale administration fee payable by the site tenant when selling the site tenant's Part 4A dwelling; and
(iii)if the site tenant enters into an agreement with the site owner to sell a Part 4A dwelling, any sale commission payable by the site tenant in the event the site owner's services as selling agent causes the sale of the Part 4A dwelling; and
(iv)the share of an independent valuer's fee payable by the site tenant, where this is required to determine the agreed market value of the Part 4A dwelling; and
(v)any other charge or fee payable by the site tenant upon permanent departure from the Part 4A park or Part 4A site.
(3)For the purposes of section 206JF(1)(f) of the Act, the following information is prescribed—
(a)whether the Part 4A park is known by the site owner to have been flooded due to a weather event in the last 5 years;
(b)whether the Part 4A park is in a designated bushfire prone area under section 192A of the Building Act 1993;
(c)whether the Part 4A park has a history of subsidence;
(d)whether the Part 4A site is in an area with a history of subsidence;
(e)whether the Part 4A park is being operated under a lease and if so, the end date of that lease, if fixed;
(f)either—
(i)the site owner's full name and address for the service of documents and a telephone number to be used in the case of the need for urgent site repairs; or
(ii)if there is an agent acting for the site owner—
(A)the agent's full name and address for the service of documents and a telephone number to be used in the case of the need for urgent site repairs; and
(B)a written statement setting out whether or not the site owner's agent can authorise urgent site repairs and, where applicable, the maximum amount of site repairs which the agent can authorise;
(g)the ordinary hours of operation at the Part 4A park of any person located at the Part 4A park as a representative of the site owner or Part 4A park owner;
(h)a list of the services and facilities in common areas of the Part 4A park to which the site tenant will have access, specifying for each service or facility—
(i)any associated costs or conditions of use; and
(ii)whether or not it is provided for use exclusively by site tenants and their visitors;
(i)details of any matters about which the site owner has been required by the Act to consult with the site tenants' committee within the previous 12 months and which may lead to changes in rules, services or facilities subsequent to the site tenant entering into a site agreement;
(j)if there is a site tenants' committee at the Part 4A park, contact details for that committee's nominated contact person;
(k)details of any emergency plan in place at the Part 4A park, including any emergency prevention measures or procedures to be followed in the event of an emergency;
(l)details of any systems or procedures for resolving disputes at the Part 4A park;
(m)information relating to the keeping of pets on the Part 4A site;
(n)information to assist the site tenant in the event the site tenant intends to—
(i)request permission from the site owner to make modifications, renovations or alterations to the Part 4A site or the exterior of the Part 4A dwelling;
(ii)assign a site agreement to another person;
(iii)sell the site tenant's Part 4A dwelling.".
10Form 1 of Schedule 1 amended
(1)In Form 1 of Schedule 1 to the Principal Regulations, clause 16 is revoked.
(2)In Form 1 of Schedule 1 to the Principal Regulations, in clause 28, for "60" substitute "90".
(3)In Form 1 of Schedule 1 to the Principal Regulations, after clause 30 insert—
"30A. Smoke alarms
(a)A residential rental provider must ensure that any smoke alarm installed in rented premises is—
(i)correctly installed and in working condition; and
(ii)fitted with batteries or replacement batteries; and
(iii)tested at least once every 12 months in accordance with any instructions by the manufacturer of the smoke alarm.
(b)If a smoke alarm installed in the rented premises does not meet the requirements set out in paragraph (a), the renter may issue a request to the residential rental provider for urgent repairs to the smoke alarm in accordance with section 72AA of the Act.
(c)On receiving notice from the renter under paragraph (b), the residential rental provider or the provider's agent must immediately arrange for the repairs to be carried out.
(d)Any testing, repair or replacement of a smoke alarm that is powered by a mains electricity supply must be undertaken by a suitably qualified person.".
11Form 2 of Schedule 1 amended
(1)In Form 2 of Schedule 1 to the Principal Regulations, in clause 15, for "60" (wherever occurring) substitute "90".
(2)In Form 2 of Schedule 1 to the Principal Regulations, clause 21 is revoked.
(3)In Form 2 of Schedule 1 to the Principal Regulations, in clause 33, for "60" substitute "90".
(4)In Form 2 of Schedule 1 to the Principal Regulations after clause 35 insert—
"35A. Smoke alarms
(a)A residential rental provider must ensure that any smoke alarm installed in the rented premises is—
(i)correctly installed and in working condition; and
(ii)fitted with batteries or replacement batteries; and
(iii)tested at least once every 12 months in accordance with any instructions by the manufacturer of the smoke alarm.
(b)If a smoke alarm installed in the rented premises does not meet the requirements set out in paragraph (a), the renter may issue a request to the residential rental provider for urgent repairs to the smoke alarm.
(c)On receiving notice from the renter under paragraph (b), the residential rental provider must immediately arrange for the repairs to be carried out.
(d)Any testing, repair or replacement of a smoke alarm that is powered by a mains electricity supply must be undertaken by a suitably qualified person.".
12New Form 3A of Schedule 1 inserted
After Form 3 of Schedule 1 to the Principal Regulations insert—
"FORM 3A
Residential Tenancies Act 1997
(Section 30AC)
(Regulations 14A and 14B)
RESIDENTIAL RENTAL APPLICATION
This form must be used for all applications to enter into a residential rental agreement. For more information about your rights and responsibilities, please visit the Consumer Affairs Victoria (CAV) website at consumer.vic.gov.au or call CAV on 1300 55 81 81.
Who completes this application form?
Rental providers or their agents must provide information outlined in item 2, documents requested under items 6 and 7 and information regarding tenancy databases used by the rental provider or their agent under item 11.
The applicant should complete all other items on the form. If 2 or more applicants apply to live together at the same property (e.g. as partners, friends or family), each applicant who is 18 years of age or over may be asked to complete a separate application form.
This form is not to be used to apply for social housing as defined in the Housing Act 1983 or specialised housing program as defined in the Residential Tenancies Regulations 2021.
PART A—GENERAL
1. Premises to which the application applies
Address of premises [insert address of premises]
2. Rental provider or agent's details
Full name or company name of rental provider or their agent [insert name of rental provider/agent]
ACN (or ABN if not a registered company): [insert ACN or ABN if applicable]
Address [insert address of rental provider or their agent]
Phone number [insert phone number of rental provider or their agent]
Email address [insert email address of rental provider or their agent]
Australian State or Territory in which the rental provider resides: [insert the rental providers state or territory of residence, or insert "overseas" if rental provider resides outside of Australia].
3. Number of occupants
Total number of occupants intended to reside on the premises [insert total number of occupants]
4. Personal details of applicant
Full name [insert name]
Date of birth [insert date of birth]
Current address [insert current address]
Postcode [insert postcode]
Phone [insert phone number]
Email [insert email address]
5. Employment details
Current or most recent employer [insert name of current or most recent employer]
Employer address [insert employer address]
Net weekly income [insert net weekly income]
If not currently employed, date on which most recent employment ended: [insert most recent date of employment]
If you cannot provide details of your current employment or income, please provide other details about your ability to pay rent under item 6 (Financial information).
6. Financial information
A rental provider or their agent may request no more than two documents from the following list to confirm your capacity to pay the proposed rent—
•Pay slips from current or recent employment;
•Bank statement (without transaction details);
•Centrelink payment statements or letters.
If you are not receiving regular income, for example you are self‑employed, undertake casual employment, freelance or unemployed, please provide details of previous employment or other documents supporting your financial ability to pay rent, such as proof of savings or assets. Please provide one copy of each of the following requested financial documents to verify your ability to pay rent—
(a)[Rental provider or their agent to indicate requested financial document].
(b)[Rental provider or their agent to indicate requested financial document].
7. Verification of identity
A rental provider or their agent can request no more than two identity documents from the following list—
·Driver licence;
·Proof of age card (government issued);
·Medicare card;
·Australian passport;
·Foreign passport and Australian visa;
·Birth certificate;
·Certificate of Australian citizenship;
·Tertiary student identification card;
·Centrelink card;
·Department of Veteran's Affairs card;
·Utilities bill at current address;
·Letter from a government Department addressed to current address.
Please provide a copy of each of the following requested documents to verify your identity. You should discuss with the rental provider or their agent the most suitable method of identity verification if you are unable to provide the requested documents—
(a)[Rental provider or their agent to insert requested identity document];
(b)[Rental provider or their agent to insert requested identity document].
8. Rental or residential history
Property 1
Current/most recent address [insert current/most recent address]
Postcode [insert postcode]
Period of residence at address [insert date you started living at this property and the date you vacated or will vacate the property]
Rental provider/agent name if applicable [insert rental provider/agent name]
Rental provider/agent email if applicable [insert rental provider/agent email address]
Rental provider/agent phone contact details if applicable [insert rental provider/agent phone number]
Property 2
Previous address [insert previous address]
Postcode [insert postcode]
Period of residence at address [insert date you started living at this property and the date you vacated the property]
Rental provider/agent name if applicable [insert rental provider/agent name]
Rental provider/agent email if applicable [insert rental provider/agent email address]
Rental provider/agent phone contact details if applicable [insert rental provider/agent phone number]
9. References
A rental provider or their agent may request the contact details of personal referees.
If this is requested, please provide contact details of your personal referees.
Referee 1
Name [insert referee's name]
Phone [insert referee's phone number]
Email [insert referee's email address]
Referee's connection to applicant [insert referee's connection to the applicant]
Referee 2
Name [insert referee's name]
Phone [insert referee's phone number]
Email [insert referee's email address]
Referee's connection to applicant [insert referee's connection to the applicant]
10. Term of rental agreement
Desired lease term (e.g. 6 months, 12 months, 24 months) [insert preferred lease term]
Preferred move‑in date [insert preferred move in date]
11. Tenancy databases
Note: A rental provider or their agent can use tenancy databases to check your rental history. If the rental provider or agent uses such databases, the names of the databases used must be disclosed below. The rental provider or their agent must also notify you in writing of certain matters. See item 4 in the "Information for the applicant" in Part B (below).
The following databases may be used to check your tenancy history. You may contact the tenancy databases using the following details—
| Tenancy database name | Phone number | Web address |
| [insert tenancy database name] | [insert tenancy database phone number] | [insert tenancy database web address] |
| [insert tenancy database name] | [insert tenancy database phone number] | [insert tenancy database web address] |
| [insert tenancy database name] | [insert tenancy database phone number] | [insert tenancy database web address] |
12. Signature
I understand that my application may not be processed unless all required documents are submitted.
Print name [insert name]
Signature [insert signature]
Date [insert date]
For further information, visit the Consumer Affairs Victoria (CAV) website at consumer.vic.gov.au or call CAV on 1300 55 81 81.
PART B–RIGHTS AND OBLIGATIONS
This is a summary of selected rights and obligations of renters and rental providers in respect of an application to enter into a residential rental agreement under the Residential Tenancies Act 1997 ("the Act").
Information for the rental provider or their agent
1. Application form
Rental providers and agents must use a standardised residential rental application form which complies with the Act and the Residential Tenancies Regulations 2021 ("the Regulations").
2. Rental auctions and bidding
Rental auctions and rental bidding are prohibited under the Act. The rented premises must be advertised or offered for a fixed amount and rental providers and agents must not—
(a) solicit or otherwise invite an offer of an amount of rent that is higher than the fixed amount; or
(b) accept an unsolicited or uninvited offer of an amount of rent that is higher than the fixed amount.
3. No application fees
A rental provider or their agent must not charge the applicant any fees for this application.
4. Request for information from applicants
A rental provider or their agent must only ask applicants for the information set out in this form. Applicants must not be asked to provide information that is not on this application form.
5. Privacy notifications
A rental provider or their agent must provide applicants with all notifications in relation to privacy and personal information as required by law. Such notification must only contemplate use of the personal information in for the purposes of processing this rental application.
6. Personal information not to be used for other purposes
The personal information provided in this form is confidential. A rental provider or their agent must not use the applicant's information other than to assess the applicant's suitability as a renter or in accordance with any other requirement of the Act. A rental provider or their agent may commit an offence if they do not take reasonable steps to protect the applicant's information from misuse or loss, and unauthorised access, modification or disclosure.
7. Protection of applicant's information from misuse, interference or loss
A rental provider or their agent must take reasonable steps to protect the applicant's information from misuse or loss and unauthorised access, modification or disclosure.
8. Applicant to discuss alternative documentation if needed
If an applicant does not have documents requested in this form, the applicant may discuss with the rental provider or their agent what other documentation may be suitable.
9. Residential tenancy databases
A rental provider or their agent may use residential tenancy databases to check an applicant's rental history. If a rental provider or their agent uses a residential tenancy database to check an applicant's rental history, the database must be disclosed in this Form. Under section 439D(2) of the Act, if personal information about the applicant is in the database, the rental provider or their agent must, as soon as possible, but within 7 days after using the database, give the applicant a written notice stating the name of the database, the personal information about the applicant in the database, the name of each person who listed the personal information in the database, and how and in what circumstances the applicant can have the personal information removed or amended. Failure to comply with section 439D(2) of the Act is an offence.
10. Applicant's information to be destroyed or de‑identified
If the application is successful, the rental provider or their agent must destroy or permanently de‑identify the applicant's information within 3 years after the applicant's residential rental agreement terminates. If the application is unsuccessful, the rental provider or their agent must destroy or permanently de‑identify the applicant's information within 30 days after the property is leased, or within 6 months if they have received written consent from the applicant to use the information to apply for other premises.
Information for the applicant
1. Each applicant to complete application form
Each prospective renter over the age of 18 may be asked to complete a copy of this application form.
2. Contact rental provider/agent to check the outcome
Applicants should contact the rental provider or their agent after lodging an application to check if the application was successful.
3. Protection of applicant's information from misuse, interference or loss
A rental provider or their agent must take reasonable steps to protect an applicant's information from misuse or loss and unauthorised access, modification or disclosure.
4. Residential tenancy databases
A rental provider or their agent may use residential tenancy databases to check an applicant's rental history. If a rental provider or their agent uses a residential tenancy database to check an applicant's rental history, the database must be disclosed in this Form. Under section 439D(2) of the Act, if the personal information about the applicant is in the database, the rental provider or their agent must, as soon as possible, but within 7 days after using the database, give the applicant a written notice stating the name of the database, the personal information about the applicant in the database, the name of each person who listed the personal information in the database, and how and in what circumstances the applicant can have the personal information removed or amended. Failure to comply with the requirements under section 439D(2) of the Act is an offence.
5. Applicant's information to be destroyed or de‑identified
If the application is successful, the rental provider or their agent must destroy or permanently de‑identify the applicant's information within 3 years after the applicant's residential rental agreement terminates. If the application is unsuccessful, the rental provider or their agent must destroy or permanently de‑identify the applicant's information within 30 days after the property is leased, or within 6 months if they have received written consent from the applicant to use the information to apply for other premises.
6. Application assessment
A rental provider or their agent will assess the applicant's suitability based on the information provided, including checking any residential tenancy database identified in Item 13. For more information see Information for rental providers or their agents, and Information for renters, above or visit the CAV website.
A rental provider or agent and an applicant should ensure that they complete the application in full using true and correct information.
A rental provider or agent is not required to provide reasons to an applicant for an unsuccessful application.".
13Form 5 of Schedule 1 amended
In Form 5 of Schedule 1 to the Principal Regulations, in clause 2, for "60" substitute "90".
14Form 7 of Schedule 1 amended
In clause 22 of Form 7 of Schedule 1 to the Principal Regulations, for "60" substitute "90".
15Form 10 of Schedule 1 amended
In clause 3 of Form 10 of Schedule 1 to the Principal Regulations, for "60" substitute "90".
16 Form 15 of Schedule 1 amended
(1)In clause 2 of Form 15 of Schedule 1 to the Principal Regulations, for "60 days notice of any rent or hiring charge increase" substitute "90 days notice of any rent increase or 60 days notice of any hiring charge increase".
(2)Before clause 11 of Form 15 of Schedule 1 to the Principal Regulations insert—
'10A.Australian State in which the *Caravan park owner's/*caravan owner resides: [insert *Caravan park owner's/*caravan owner state resides in or insert "overseas" if caravan park owner or caravan owner resides outside of Australia]'.
17New Form 16A of Schedule 1 inserted
After Form 16 of Schedule 1 to the Principal Regulations insert—
"FORM 16A
Residential Tenancies Act 1997
(Section 206E)
(Regulation 72A)
SITE AGREEMENT
PRELIMINARIES
This agreement is made between the site owner and the site tenant listed on this form under the Residential Tenancies Act 1997 ("the Act"). The site owner grants the site tenant the right—
·to occupy the Part 4A site; and
·to place a Part 4A dwelling on the Part 4A site; and
·to use the facilities and common areas of the Part 4A park in which the Part 4A site is located.
The site owner must not give the site tenant a proposed site agreement (or any other document containing terms intended to form part of a 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 ("the consideration period").
Prior to signing this site agreement, the site owner must provide the site tenant with the following documents, which form part of the site agreement—
[site tenant to tick if document has been provided to the site tenant]
| o Notice of cooling off period for site tenants (section 206I(2) of the Act and regulation 74 of the Residential Tenancies Regulations 2021) | Required to be provided at the start of the consideration period |
| o Statement of information for site agreement applicants (section 206JB of the Act and regulation 75 of the Residential Tenancies Regulations 2021) | Required to be provided at or before the site tenant was given an application form to apply to enter into a site agreement |
| o Notice to prospective site tenant (section 206JF of the Act) | Required to be provided before site agreement is entered into |
| o Two physical copies or one electronic copy of the condition report signed by or on behalf of the site owner (section 206O of the Act) | Required to be provided prior to the site tenant entering into occupation of the site |
| o If the condition report has not been provided prior to signing, by ticking this box the site owner agrees that the condition report will be provided before the site tenant takes possession of the site | |
| o A plan of the Part 4A park which identifies the location, dimensions and boundaries of the Part 4A site on which the site tenant's Part 4A dwelling is situated, or is to be situated (section 206ZS of the Act) | Required to be provided before entering into site agreement |
PART A—BASIC TERMS
1.Date of agreement
This is the date on which the agreement is signed [insert date agreement is signed]. If the agreement is signed by the parties on different days, the date of the agreement is the date on which the last person signs the agreement.
Note: refer to Part E for the date.
A site tenant may rescind a site agreement at any time within 5 business days from the date that the site tenant signs the site agreement (the cooling off period) by providing written notice to the site owner to that effect.
If the site tenant rescinds the site agreement during the cooling off period, the site tenant is entitled to a refund of all moneys paid by the site tenant under the site agreement less the sum of $100 to which the site owner is entitled.
2.Park and site details
[site owner to complete section]
Part 4A park (park) name: [insert name of park]
Park address: [insert street address of park]
Location of the Part 4A site where site tenant's Part 4A dwelling is to be situated (site) : [insert description of location, e.g. site number, street name and number where relevant and include visual indication on site plan attached to the site agreement]
Total area of site: [insert area of site in square metres]
Is the site that is the subject of the site agreement situated in a Part 4A park that is registered as a caravan park under Part 14 of the Act?
[site owner to select correct responses]
o Yes
o No
If yes, for the purposes of clause 6 of this site agreement, was the Part 4A park registered as a caravan park—
o Before 1 September 2011
o On or after 1 September 2011
3.Site owner's details
Full name or company name of site owner: [insert name of site owner]
ACN (or ABN if not a registered company): [insert ACN or ABN if applicable]
Address: [insert address of site owner for service of documents]
Phone number: [insert phone number of site owner including, if there is no agent acting for the site owner, for emergency contact and urgent site repairs]
Email address: [insert email address of site owner if there is no agent acting for the site owner]
Site owner's agent's details (if applicable)
Full name: [insert name of agent acting for the site owner for the purpose of the site agreement]
ACN (or ABN if not a registered company): [insert ACN or ABN of agent if applicable]
Address: [insert business address of agent for service of documents]
Phone number (including emergency contact and for urgent site repairs): [insert phone number of agent]
Email address: [insert email address of agent]
4.Site tenant's details
[To be completed by each site tenant that is a party to the site agreement]
Full name of site tenant: [insert name of each site tenant]
Address for service of documents: [insert street address of each site tenant]
Phone number: [insert phone number of each site tenant]
Email address: [insert email address of each site tenant]
5.Number of persons residing at the site
[Site owner to complete]
The maximum number of persons who may use the site as their principal place of residence: [insert maximum number of persons who may reside at the site]
6.Term of agreement
[Site owner to select the appropriate option]
☐ The site agreement is for a fixed term:
starting on: [insert start date, month, year]
ending on: [insert end date, month, year]
☐ The site agreement is a periodic agreement:
starting on: [insert start date, month, year]
Note: Under section 206H of the Act, a site owner who enters into or renews a site agreement with a site tenant must offer a fixed term site agreement for a minimum term of 5 years if the Part 4A site is situated in a Part 4A park that is registered as a caravan park under Part 14 of the Act on or after 1 September 2011.
Note: Under section 207K of the Act, if the fixed term of this agreement ends and the site tenant and site owner do not enter into a new fixed term site agreement, and the site tenant continues to occupy the site, a periodic site agreement will be created. With the exception of the rental period, the periodic site agreement is on the same terms, so far as applicable, as the terms of the preceding fixed term site agreement. Where this occurs, the site owner or site tenant may apply to the Victorian Civil and Administrative Tribunal ("VCAT") for any variations to the terms of a periodic site agreement under the Act that are necessary for or appropriate to the continuation of a periodic site agreement.
7.Rent [site owner to complete]
| Rent amount per week ($) | [insert rent amount] |
| Does rent include GST? | o No o Yes |
| To be paid per (tick one box only) | o week o fortnight o calendar month o other [specify regular interval e.g. quarterly] |
| Day rent is to be paid on (e.g. each Thursday or the 11th of each month) | [insert day] |
| Date first rent payment due | [insert date] |
Note: The site owner cannot require the site tenant to pay rent more than one month in advance.
8.Rent increases
Note: The site owner may increase the rent—
· by either a fixed amount in accordance with a method that is specified in this agreement; or
· by a non‑fixed amount; and
· at intervals of no less than 12 months.
Basis of fixed amount rent increase:
The site owner may increase the rent by a fixed amount using any of the methods selected below. [Site owner to select applicable methods for calculating fixed amount increases]
Note: If rent under the site agreement is to be increased by a fixed amount, the site owner must give at least 28 days' notice of a fixed rent increase in the form prescribed under section 206SA(5) of the Act, specifying the amount of increased rent, the method used to calculate the increased rent and the date from which the increased rent is payable.
☐Fixed percentage increase of [site owner to insert percentage] %
Where A the percentage rate entered above by the site owner.
Example: If the weekly rent is $200 per week and at least 12 months has passed since the last rent increase, the site owner may decide to increase the rent. If the fixed percentage increase is 3 per cent, the site owner may seek a rent increase of 3 per cent. This means the new weekly rent will be $206.
☐ Increase based on consumer price index (CPI)
Where—
B = the Melbourne All Groups CPI number for the month ending before the month of the rent increase; and
C = the Melbourne All Groups CPI number for the month ending 12 months before the month of the rent increase.
Example: If the weekly rent is $200 per week and at least 12 months has passed since the last rent increase, the site owner may decide to increase the rent. If the most recent All Groups CPI for Melbourne (published by the Australian Bureau of Statistics from time to time) is 102, and the number from the corresponding month in the previous year was 100, the site owner may seek a rent increase of 2 per cent of the weekly rent. This means the new weekly rent will be $204.
☐Increase by the higher of the following: a fixed percentage increase of [site owner to insert percentage]% or CPI.
Example: If the weekly rent is $200 per week and at least 12 months has passed since the last rent increase, the site owner may decide to increase the rent. If the most recent All Groups CPI for Melbourne (published by the Australian Bureau of Statistics from time to time) is 102, and the number from the corresponding month in the previous year was 100, and the fixed amount is 3 per cent, the site owner may seek a rent increase of 3 per cent of the weekly rent. This means the new weekly rent will be $206.
☐ Increase by another method (specify below using a clearly defined formula and any specific index used).
Non‑fixed amount rent increase
If the rent has not been increased within the previous 12 months by any amount, the site owner may choose to increase rent by a non‑fixed amount.
Note: If rent under the site agreement is to be increased by a non‑fixed amount, the site owner must give at least 90 days' notice of a proposed non‑fixed rent increase in the form prescribed under section 206V(1) of the Act. If the site tenant believes the proposed non‑fixed rent increase is excessive, they may apply within 30 days of being notified of the increase to Consumer Affairs Victoria to investigate and report. Subsequent to an investigation, an application may be made to VCAT to decide whether the rent increase is excessive.
Date of rent increase
The first increase of rent is scheduled to apply on [specify date of first rent increase].
Note: subject to the terms of this site agreement and section 206SA(2) of the Act, the date on which rent increases are applied is at the discretion of the site owner.
9.Method of payment of rent
(site owner to tick available methods of rent payment)
☐ direct debit
☐ bank deposit
☐ cash
☐ cheque or money order
☐ BPAY
☐ Centrepay
☐ other [insert method of payment here]
Place for payment of rent (if paid in cash): [insert place of payment for cash payments]
Note: The site owner must give the site tenant information about any costs that the site tenant may incur by using a particular payment method before the site tenant consents to use the payment method. The site owner must ensure that at least one payment method that incurs no additional costs (other than bank fees or account fees payable on the site tenant's bank account) is reasonably available to the site tenant. The permissible methods of paying the rent must include Centrepay (administered by the Department of Human Services of the Commonwealth). The site owner must not take or dispose of the site tenant's goods or the Part 4A dwelling on account of unpaid rent. The site tenant is entitled to receive a receipt (if requested within 5 business days of payment of rent) or a record of the payment of rent (if requested within 12 months of payment) from the site owner.
PART B—STANDARD TERMS
10.Service of notices and other documents by electronic methods
·Electronic service of documents must be in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000;
·Just because someone responds to an email or other electronic communications does not mean they have consented to the service of notices and other documents by electronic methods;
·The site owner and site tenant must notify the other party in writing if they no longer wish to receive notices or other documents by electronic methods;
·The site owner and site tenant must immediately notify the other party in writing if their contact details change.
Note: The site owner must complete this section before giving the agreement to the site tenant.
Does the site owner agree to the service of notices and other documents by electronic methods such as email?
(site owner to tick as appropriate)
o Yes [insert email address, mobile phone number or other electronic contact details]
o No
Does the site tenant agree to the service of notices and other documents by electronic methods such as email?
(site tenant to tick as appropriate)
o Yes [insert email address, mobile phone number or other electronic contact details]
o No
(The option to consent should be provided to each site tenant who is a party to the agreement)
11.Condition report
The site owner must give the site tenant 2 copies (or one electronic copy) of the condition report before the site tenant enters into occupation of the site. The condition report must specify the state of repair and general condition of the Part 4A site, including any fixtures or connections to the site, on the day specified in the report.
Within 5 business days after entering into occupation of the Part 4A site, the site tenant must return one copy of the condition report to the site owner, signed or with an endorsement either—
·agreeing with the report; or
·identifying parts of the report that the site tenant does not agree with.
12.Keys/access devices
The site owner must not charge an initial fee for the supply of a key or a device, or both if necessary, that enable the site tenant to gain vehicular access to the park.
The site owner may charge a reasonable fee for the supply of an additional or a replacement key or device requested by the site tenant. The fee for supply of an additional or replacement key is set out in Table 1.
On termination of the site agreement, the site tenant must return all keys and access devices provided by the site owner.
13.Additional charge for visitors
The site owner may charge the site tenant a reasonable additional charge for any visitor who stays on the Part 4A site.
The amount of any additional charge for visitors is set out in Table 1.
The site tenant may apply to VCAT for an order that the additional charge imposed is unreasonable.
14.Utilities, rates and taxes
The site tenant is responsible for all charges made for the supply or use of electricity, gas, water, drainage and sewerage to the site while the site tenant occupies the site, if those services are separately metered.
The site owner must not seek payment or reimbursement of any charge or cost which is more than the amount that the relevant supplier of the services would have charged to the site tenant.
The following services are supplied to the site by the site owner and are separately metered and charged according to use—
o Electricity
o Water
o Gas
o Sewerage
o Drainage
Charges for these services are set in Table 1.
The site tenant is also responsible for—
·all charges in respect of the supply or use of bottled gas at the site while the site tenant occupies the site; and
·all charges in respect of installation and connection of services from a supply point on the site to the home.
The site owner is responsible for—
·all rates, taxes or charges payable under any Act, other than charges payable by the site tenant under this agreement;
·the cost of all services to the site if those services are not separately metered;
·all charges arising from a water supply service to the site (if separately metered) that are not based on the amount of water supplied or used;
·all charges related to the supply or use of sewerage and drainage services to or at the site (if separately metered) that are not based on the extent of use of the services; and
·excessive usage caused by a fault in the infrastructure (unless caused by any action or omission of the site tenant or a service provider).
If a site tenant or a site owner pays for anything for which the other party is liable under this clause, they are entitled to be reimbursed within 28 days of providing a written request for reimbursement attached to a copy of the account and evidence of payment.
15.Other fees and charges
The site owner provides the following details of any fees, charges and amounts that are not otherwise specified in this agreement, and which are payable by the site tenant under the site agreement—
(In Table 1, site owner to specify the following details for each fee or charge)
· Fee or charge [specify nature of fee or charge];
· Amount [specify amount];
· When payable [specify occasion and/or frequency of payment];
· Purpose of fee or charge [specify purpose for fee or charge];
· Basis of adjustment [specify formula or other method used to vary the amount];
· Circumstances of review [specify circumstances in which charges will be reviewed and adjusted].
Note: The site owner must not require payment of any amount under the site agreement if the amount has not been disclosed in the site agreement. The site owner must specify an amount that is correct at time of signing. Fees are subject to be adjusted from time to time as specified in Table 1.
16.Urgent site repairs
In this agreement, urgent site repairs do not include repairs to any dwelling, structure or alteration supplied to or owned by a site tenant.
In this agreement "urgent site repairs" means the repair of—
·any fault or damage which makes the site unsafe, unsecure or unhabitable, including serious flood, storm, or fire damage to the site or Part 4A site, or to a structure or fixture on the site or Part 4A site that is owned by a caravan park owner or site owner;
·any failure or breakdown of gas supply, electricity supply, water supply or sewerage access to, under or affecting the site;
·any fault or damage which impedes safe access to the site; or
·subsidence of the site.
The site tenant may cause urgent site repairs to be carried out if the site tenant has taken reasonable steps to arrange for the site owner or their agent to immediately carry out the urgent site repairs, and the site owner or their agent has not carried out the repairs.
If the site tenant has arranged for urgent site repairs to be carried out, the site tenant must give the site owner 7 days written notice of the repairs and their cost.
The site owner must reimburse the site tenant for the reasonable cost of the repairs up to $2500.
This includes any work prescribed as urgent repairs to a Part 4A site, or any structure or fixture owned by a site owner on a Part 4A site but excludes—
·equipment or appliances supplied by the site tenant; and
·circumstances where there is no immediate danger to health and safety and the site tenant is able to use facilities in the communal areas of the park.
Note:The site tenant may apply to VCAT for an order requiring the site owner to carry out urgent site repairs if the site tenant cannot pay the cost of the repairs, the repairs cost more than $2500 (inc. GST), or the site owner has refused or otherwise failed to pay the cost of the repairs.
17.Non‑urgent site repairs
The site tenant may give written notice to the site owner that repairs are required to the site or a fixture or structure on the site that is owned by the site owner.
If the site owner has not carried out the repairs within 14 days of receiving notice, the site tenant may—
·apply in writing to Consumer Affairs Victoria (CAV). Upon receiving a written request, CAV may investigate and negotiate arrangements for repairs to take place if required and may provide the site tenant with a written report; or
·apply to VCAT for an order requiring the site owner to carry out specified site repairs. Upon receiving an application, VCAT may make an order requiring the site owner or a suitably qualified person to carry out repairs within a specified time, or for payment of compensation.
Note: the site tenant may not apply to CAV or VCAT in relation to repairs for damage caused by the misuse or negligence of the site tenant or a site tenant's visitor.
18.Park rules
The site owner must—
·Ensure that any park rules are reasonable and are enforced and interpreted consistently and fairly;
·Take reasonable steps to ensure all site tenants of the park comply with the park rules (if any); and
·Give the site tenant at least 7 days' written notice of any proposed change in the park rules.
Park rules may be changed by notice in writing to the site tenant, provided that the site owner has consulted with all site tenants regarding the proposed changes in accordance with the Act. The site owner is taken to have consulted with the site tenants in accordance with this clause if the site owner has—
·provided details of the proposed amendment to the Part 4A park rules in writing to the site tenants; and
·allowed at least 14 days for the site tenants to respond in writing; and
·considered and responded in writing to any written responses received from the site tenants.
A site tenant may apply to VCAT for an order declaring a Part 4A park rule to be unreasonable.
19.Site tenants' committee
If a site tenants' committee is formed for the park, the site tenant is entitled to participate in the committee.
The site owner must—
·not unreasonably interfere with the rights of site tenants of the park to participate in the committee; and
·allow use of a facility in the common areas for meetings of the committee.
The site owner must consult with the committee about—
·any proposed changes to the park rules;
·any proposal to remove or substantially restrict a facility or service available within the park; and
·any proposal to provide a new facility or service within the park.
The site owner is to be taken to have consulted with the site committee once they have—
·provided details of the proposal to the committee;
·allowed at least 14 days for the committee to respond in writing; and
·considered and responded in writing to any written response received from the committee.
20.Assignment and Subletting
The site tenant must not assign (transfer to another person) this agreement or sub‑let the whole or any part of the site, without the written consent of the site owner.
The site owner must not unreasonably withhold their consent to an assignment of this agreement or subletting of the whole or any part of the site.
The site owner must not demand or receive a fee or payment for consent, other than reimbursement of any reasonable expenses incurred by the site owner because of the assignment or sublease.
If the site owner withholds consent to an assignment or sub‑letting, and the site tenant believes that the withholding of consent is unreasonable, the site tenant may apply to VCAT for a determination that the site owner's consent to the proposed assignment or sub‑letting is not required.
An assignment or sub‑letting is invalid without the site owner's consent, unless VCAT has determined that the site owner's consent is not required.
Note: An example of where it is unreasonable for a site owner to withhold consent to an assignment or sub‑letting is where consent is withheld based on an attribute referred to in section 6 of the Equal Opportunity Act 2010.
21.Access and entry by site owner or their agent
The site tenant must allow entry to the site and the Part 4A dwelling where the site owner has followed the procedures set out in this clause and the requirements of the Act.
The site owner or a person appointed in writing to act on their behalf as their agent may enter the site and the home in any of the following circumstances—
·if the site tenant agrees to the proposed entry at the time entry is sought; or
·if there is an emergency and immediate entry is necessary to save life or valuable property; or
·if VCAT has made an order of abandonment.
If the site owner gives the site tenant at least 24 hours' written notice, the site owner may enter the site at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if—
·a notice to vacate or a notice of intention to vacate the site has been given and entry is required to show the site to a prospective site tenant;
·the site is to be sold or used as security for a loan and entry is required to show the site to a prospective buyer or lender;
·entry is required to enable the site owner to carry out a duty under the Act or any other law;
·the site owner or their agent has reasonable grounds to believe that the site tenant has failed to comply with their duties under the Act; or
·entry is required to enable inspection of the site and entry for that purpose has not been made within the last 6 months.
The site owner must exercise the right of entry in a reasonable manner and must not stay on the site or in the Part 4A dwelling longer than is necessary to achieve the purpose of the entry without the site tenant's consent.
Note: The site tenant may apply to VCAT for an order for compensation if any damage is caused to the site tenant's goods on the site or the Part 4A dwelling when the site owner is exercising their right of entry.
Note: If the site owner or their agent, in exercising a right of entry, fails to comply with Division 10 of Part 4A of the Act, then the site tenant may apply to VCAT for an order restraining the site owner or their agent from exercising their right of entry for a specified period.
22.Sale of home
If the site tenant wants to sell the Part 4A dwelling, the site tenant is entitled to do so independently or through an agent of their choosing. The site tenant may also ask that the site owner enter into an agreement to sell the Part 4A dwelling on behalf of the site tenant.
The site owner must not—
·require the site tenant to enter into an agreement for the sale of the Part 4A dwelling on behalf of the site tenant; or
·obstruct or hinder the sale of the Part 4A dwelling by the site tenant.
If the site owner enters into an agreement to sell the Part 4A dwelling on behalf of the site tenant, the site owner must not charge a commission for the sale unless—
·the scale or amount of commission is disclosed in this site agreement in accordance with section 206S(1) of the Act; and
·the services provided by the site owner as a selling agent caused the sale.
Note: The site owner must not charge a commission if the purchaser is the site owner or a related party of the site owner, such as a family member or business associate.
The commission payable by the site tenant if the site tenant enters into an agreement with the site owner to sell the Part 4A dwelling on behalf of the site tenant is set out in Table 1.
23.Termination of the site agreement
If the site tenant is yet to enter into occupation or use of the site, they may give a notice of termination to the site owner on the grounds that the site is unsafe, not legally available for use as a Part 4A site, or otherwise unavailable for occupation.
This agreement may be terminated at any time—
·by written agreement of the site owner and site tenant;
·if the site tenant vacates the site with the consent of the site owner. The parties acknowledge that if the site owner consents to the site tenant vacating the site, the site owner cannot revoke that consent.
If this is fixed term site agreement, at or after the end of the term of this agreement the site tenant may terminate this agreement if they have provided the site owner with a notice of intention to vacate in accordance with the Act (with no less than 28 days' notice) and vacate the site on or after the termination date specified in the notice of intention to vacate.
If this is periodic site agreement, the site tenant may terminate this agreement at any time if they have provided the site owner with a notice of intention to vacate in accordance with the Act (with no less than 28 days' notice) and vacate the site on or after the termination date specified in the notice of intention to vacate.
The notice period for a notice of intention to vacate is reduced to 14 days if the site tenant—
·has received a notice to vacate from the site owner; or
·needs to vacate the site to receive special or personal care; or
·has accepted an offer of accommodation from Homes Victoria or a registered housing agency; or
·needs to vacate the site to access temporary crisis accommodation.
The site tenant may at any time serve the site owner with a notice of intention to vacate (with no less than 14 days notice) if the site owner—
·fails to comply with an order of VCAT following a breach of duty notice; or
·commits successive breaches of the same duty provision.
If this is a fixed term site agreement, at or after the end of this agreement, the site owner may terminate this agreement if they have given the site tenant a notice to vacate in accordance with the Act and with no less than 365 days' notice. The site owner may retake possession of the site after the site tenant vacates the site on or after the termination date specified on the notice to vacate. The site owner may be able to apply to VCAT for a possession order if the site tenant does not give up vacant possession at the conclusion of the term of the agreement.
Regardless of whether this is a fixed term or a periodic site agreement, the site owner may in certain circumstances serve the site tenant with a notice to vacate if the site tenant—
·recklessly causes serious damage to the site, the park or any facilities in the park including safety equipment; or
·endangers any person in the Part 4A park, the site owner or any contractor or employee of the site owner; or
·uses threats and intimidation against the site owner or any employee of the park; or
·seriously disrupts any other person's quiet enjoyment of the park; or
·fails to comply with an order of VCAT following a breach notice; or
·commits successive breaches of the same duty provision; or
·uses the site for an illegal purpose; or
·assigns or sublets the site without the site owner's consent.
The site owner may apply to VCAT for an abandonment order terminating the agreement if they believe the site tenant has abandoned the site.
24.Variation of the site agreement
The site owner or the site tenant may apply to VCAT for an order reducing the term of this agreement. VCAT can make an order reducing the term if it is satisfied that the party seeking the reduction would suffer severe hardship if the term was not reduced, and this hardship is greater than the hardship the other party would suffer if the term was reduced.
If any party to the site agreement or any other resident of the site has been or is being subjected to family violence by any party to the site agreement, or is a protected person under a personal safety intervention order under section 67 of the Personal Safety Intervention Orders Act 2010 made against a party to the site agreement, then they may apply to VCAT for an order to terminate the site agreement and requiring the site owner to enter into a new site agreement. If VCAT makes an order terminating the site agreement due to family violence, it may also make orders relating to liability for rent, repairs or charges for services.
PART C—DUTIES
A person to whom a duty is owed under a duty provision, or that person's agent, may give a breach of duty notice to a person in breach of that duty. The breach notice must comply with the requirements of the Act. For more information, visit the Consumer Affairs Victoria website.
25.Use of the site and park
The site tenant must—
(a) pay the rent, and all fees and other charges agreed with the site owner on the due dates and in the agreed manner set out in this agreement;
(b) only use the site for residential purposes unless the site tenant has obtained the site owner's permission to use the site for non‑residential purposes;
(c) use the site, the park and the facilities in the park properly and ensure that their visitors do the same; and
(d) comply with the park rules made from time to time in accordance with the Act.
The site tenant must not—
(a) use the site for illegal purposes; or
(b) do anything which interferes with the privacy and peace and quiet of other occupants of the park or the proper use and enjoyment of the park by other occupants of the park; or
(c) allow more than the number of persons agreed with the site owner (as set out in this agreement) to reside on the site.
The site owner must—
(a) provide the site tenant with 24‑hour vehicular access to the park and to the site;
(b) provide the site tenant with access during all reasonable hours to the common areas which the site tenant is entitled to access under the terms of this agreement;
(c) keep the common areas, facilities, gardens, roadways, paths and recreation areas in the park clean and in a safe condition; and
(d) arrange for the collection of garbage of site tenants and other garbage from the park.
The site owner must not, except in accordance with the Act—
(a) unreasonably restrict or interfere with the site tenant's privacy, peace and quiet or proper use and enjoyment of their home, site and communal facilities; or
(b) unreasonably restrict or interfere with the site tenant's occupation of their home.
26.Repair
The site tenant must—
(a) keep the site in a reasonably clean condition;
(b) keep the home in a condition that is in good repair, safe to occupy, and which does not pose a health risk; and
(c) maintain the site and the home in a manner and condition that does not detract from the general standard set by the site owner from time to time; and
(d) at the end of the site agreement, leave the site, as far as practicable, reasonably clean and tidy and in the same condition as at the date the site tenant first occupied the site; and
(e) promptly report to the site owner any damage to, or breakdown of, facilities within the common areas of which the site tenant has knowledge.
If any damage (other than fair wear and tear) is caused to the site or any facility in the park by the site tenant or any visitor of the site tenant, then the site tenant must—
(f) repair the damage; or
(g) notify the site owner of the damage and pay compensation for the damage to the site owner.
The site owner must—
(a) keep the common areas in a clean and safe condition;
(b) when repairing or renovating any facilities in the common areas, minimise inconvenience and disruption to the site tenant and, if necessary, provide temporary substitute facilities;
(c) as soon as practicable repair any damage or breakdown reported by the site tenant; and
(d) maintain the site, including any structures or fixtures on the site owned by the site owner, in good repair.
27.Modifications
The site tenant must not without the site owner's written consent—
(a) install any fixtures in the site or the park;
(b) erect any structure other than the home on the site or in the park; or
(c) make any alternations, renovations or additions to the site or the park.
PART D—ADDITIONAL TERMS
List any additional terms to this agreement. The terms listed must not exclude, restrict or modify any of the rights and duties set out in in the Act, and the site agreement must not include any prohibited terms (within the meaning of the Act). It is an offence to include a prohibited term in a site agreement.
Prohibited terms are specified in the Act and the Residential Tenancies Regulations 2021.
Some examples of prohibited terms include terms that—
·require the site tenant to take out insurance;
·exempt the site owner from liability for an act of the site owner or a person acting on their behalf;
·provide that a site tenant is liable to pay extra rent or a penalty for contravening the site agreement;
·provide for a rent discount or rebate for not contravening the agreement; or
·require any party to the agreement to bear costs incurred by the other party for preparing the agreement.
Additional terms must also comply with the Australian Consumer Law. For example, additional terms cannot be unfair terms. Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit unfair contract terms at the Consumer Affairs Victoria website.
If additional space is required, please attach a separate sheet. Both the site tenant and site owner should sign and date all attachments.
(Site owner to insert additional terms if required)
PART E—EXECUTION
By signing this agreement, the site owner and site tenant agree to be bound by its terms and conditions. The document may also be signed by an electronic method in accordance with the Electronic Transactions (Victoria) Act 2000.
Site owner
Name of site owner: [insert name of site owner]
Executed by: [if site agreement is not executed by site owner, insert name of authorised agent of site owner]:
Signature: [insert signature of site owner]
Date signed: [insert date of signing]
Witness: [insert name of witness]
Signature: [insert signature of witness]
Date signed: [insert date of signing]
Site tenant
Note: Each site tenant who is a party to the agreement must sign and date here.
Name: [insert name of site tenant]
Signature: [insert signature of site tenant]
Date signed: [insert date of signing]
Witness: [insert name of witness]
Signature: [insert signature of witness]
Date signed: [insert date of signing]
APPENDIX: TABLE 1—OTHER FEES AND CHARGES
See clause 15 of this site agreement.
Fee or charge
Amount
When payablePurpose of fee or charge
Basis of adjustment
Circumstances of review".
18Form 21 of Schedule 1 amended
In Form 21 of Schedule 1 to the Principal Regulations, in clause 2, for "60" substitute "90".
19Schedule 3 amended
In Schedule 3 to the Principal Regulations, clause 3 is revoked.
20Schedule 5 amended
In Schedule 5 to the Principal Regulations—
(a)after Item 6 insert—
"6A An offence against section 30AC of the Act In the case of a natural person, 12 penalty units
In the case of a body corporate, 60 penalty units";
(b)after Item 7 insert—
"7A An offence against section 30F(4) of the Act In the case of a natural person, 12 penalty units
In the case of a body corporate, 60 penalty units";
(c)after Item 12 insert—
"12A An offence against section 40(3) of the Act In the case of a natural person, 12 penalty units
In the case of a body corporate, 60 penalty units";
(d)after Item 14 insert—
"14A An offence against section 42(4) of the Act In the case of a natural person, 12 penalty units
In the case of a body corporate, 60 penalty units";
(e)After Item 21 insert—
"21A An offence against section 51A of the Act In the case of a natural person, 12 penalty units
In the case of a body corporate, 60 penalty units";
(f)After Item 136 insert—
"137 An offence against section 505BC(1) of the Act In the case of a natural person, 12 penalty units
In the case of a body corporate, 60 penalty units".
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ENDNOTES
[1] Reg. 4: S.R. No. 3/2021 as amended by S.R. Nos 21/2021, 35/2022, 130/2024 and 63/2025.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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