This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Bonds for caravan park residents

Information about when a bond is paid, the maximum amount, lodgement and getting the bond back.

The bond is the money the resident pays as security. If the caravan is hired separately to the site, there may be two bonds owing: one to the caravan owner and one to the caravan park owner.

When a bond is required

A person renting a caravan in a caravan park may be required to pay a bond if there is a written tenancy agreement.

Penalty

A park owner can be fined up to 60 penalty units for charging a resident bond when there is no written agreement concerning the residency.

See s. 146—Residential Tenancies Act 1997 (Vic).

Condition report

If a bond is required, the owner must give the resident 2 copies (or one electronic copy) of a condition report that specifies the state of repair. This report is evidence of the condition of the van or site.

The resident has to look carefully to see if there is any other damage to the caravan before signing both copies and handing one back to the owner. They should do this within 5 business days of moving in. if the owner does not give the resident a condition report on moving in, the resident can fill out the report themselves sign it and give a copy to the owner.

Inaccurate report

If the resident believes that the condition report they have been given is inaccurate, they can apply to VCAT to have the condition report amended.

Penalty

A park owner can be fined up to 60 penalty units for charging a resident bond when there is no written agreement concerning the residency.

See ss. 146, 148, 149—Residential Tenancies Act 1997 (Vic).

Maximum bond

The amount of the bond must not be more than 28 days rent. If there is a separate bond for the caravan it must not be more than 28 days hire charge.

Penalty

A park owner can be fined up to 60 penalty units for exceeding the maximum bond.

See s. 147—Residential Tenancies Act 1997 (Vic).

Bond lodgement

If a caravan park owner takes a bond, they must give the resident a completed and signed bond lodgement form for them to sign. The form is then sent to the Residential Tenancies Bond Authority (RTBA). The owner must lodge bond within 10 business days of receiving the money.

The bond and the rent are separate payments.

The process for bond lodgement is the same as for renters.

See Part 10—Residential Tenancies Act 1997 (Vic) and Bonds.

Getting the bond back

The process for getting the bond back is now easier for the resident. They can simply apply to the bond authority for return of their bond. The authority will then notify the caravan owner, who has 14 days to apply to VCAT if they want to make a claim on the bond. If they do not make a claim, the bond will be paid to the resident.

The process is the same as it is for renters, see Bond repayments.

More information

Legislation

Residential Tenancies Act 1997 (Vic)

  • s. 146—payment of bond
  • s. 147—the maximum bond
  • s. 148—condition report
  • s. 149—condition report is evidence of state of repair
  • Part 10, Divison 2—payment of bonds to the residential tenacies bond authority
  • Part 10, Division 3—payment out of bonds
  • s. 411—claims for rental bonds

See Residential Tenancies Act 1997 (Vic).

Consumer Affairs Victoria (CAV)

Consumer Affairs Victoria produce a booklet which has full details of caravan park residency.

See Consumer Affairs Victoria—Caravan park guide(opens in a new window).

Tenants Victoria

This specialist community legal centre produces a series of advice guides for residential tenancies, including information about bond recovery and ending a tenancy.

See Tenants Victoria—Caravan parks(opens in a new window).

Residential Tenancies Bond Authority

The bond authority site allows bond logement, amending bond details and to arrange for a bond refund.

See Residential Tenancies Bond Authority—Online bond lodgement(opens in a new window).

Updated