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.

Caravans and mobile homes

Information about the way an abandoned caravan or moveable home must be treated by the site owner or van park owner.

Park, site or caravan owner may apply to VCAT

If a caravan park owner, site owner or caravan owner believes that a resident has abandons a site or a caravan, the owner may apply to VCAT for an order declaring that the resident has abandoned the site or caravan.

VCAT must hear the matter within 5 days after the application is made.

VCAT may order that the caravan or caravan site was abandoned by the resident on a specified day. The resident is deemed to have abandoned the caravan or site on that specified date.

See s. 206AP, 207V—Residential Tenancies Act 1997 (Vic)(opens in a new window).

Rent until the caravan is removed

The caravan park owner may also seek an order from VCAT requiring the mortgagee to pay rent until the caravan is removed from the site. VCAT may set the amount of rent.

Rent is payable from the seventh day after the caravan park owner gives notice in writing to the caravan mortgagee of the orders.

See s. 206AP, 207V—Residential Tenancies Act 1997 (Vic)(opens in a new window).

After VCAT makes an abandonment order

Once VCAT has made an order of abandonment, the caravan park owner, caravan owner or caravan park mortgagee or caravan mortgagee may deal with the caravan as if it were a general stored good.

A site park owner may also apply to VCAT for a possession order following a notice of intention to vacate by the site owner. If they abandon their site, the site can be dealt with in the same way as a general stored good.

See ss. 390A—Residential Tenancies Act 1997 (Vic)(opens in a new window)

Sale or disposal of the abandoned van or moveable dwelling

To see the process for dealing with moveable dwellings or caravans left behind see Goods left behind by renters or residents.

More information

Legislation

Residential Tenancies Act 1997 (Vic)

  • s. 206AP—order of abandonment for caravan site or caravan
  • s. 207V—order of abandonment for site dwelling
  • s. 324—application for possession order by site owner
  • s. 390—what if a caravan owned by a resident is abandoned on site?
  • s. 390A—what if a Part 4A dwelling (aka moveable home) owned by a site tenant is abandoned on site?
  • s. 391—sale of stored goods
  • s. 392—renter may request proceeds of sold goods
  • s. 394—purchaser takes good title

See Residential Tenancies Act 1997 (Vic)(opens in a new window).

Updated