Notice for Breach of Duty to Resident/s of Caravan Parks
Residential Tenancies Act 1997 (the Act), S208(1) & (2)
Use this form for giving notice for breach of duty to resident/s for
• • • • • • • • • • • • using the site for other than a residential purpose. improper use of the site, caravan park and facilities. unpaid rent and other agreed charges. interfering with the privacy and peace and quiet of other occupants. not keeping the site clean and tidy. poor condition of the site or caravan. erecting a structure without consent. unreported damage by a resident. unreported damage or breakdown. allowing a greater number of persons to reside on the site than agreed. failing to observe the rules. refusing to permit entry.
How to use this form
1 Identify your reason Carefully read the reasons on the back of this page. These are all the breaches of duty specified in the Act under which a duty arises and for which you can give a breach of duty notice. Select the correct reason. The number beside each reason is the relevant section of the Act. You should consult S207 and S208(1) of the Act to make sure that you are entitled to give a notice. Complete questions 1 to 7 You must complete all boxes. Sign at 8 and write your name at 9 Write your reason in 10 In box 10, write the section number and the exact words given to you on the back of this page. Complete 11 Give details of the loss or damage caused by the breach. Write what you require in 12 Select one of the two options for compliance and compensation given at 12. If the notice is for a breach, other than refusal to permit entry to a person to show the premises to a buyer or lender, select the first option (a), write exactly want you want them to do to remedy the breach and the amount of compensation you require if they do not. Attachments For some reasons you must provide evidence or receipts. If you are providing them, attach them to the notice and tick the ‘yes’ box in 14. When the form is complete Tear out the top copy of the form (From the owner) and send to the resident/s. Keep the last two copies of the form for your records. If the resident/s do not comply, you can send one of these copies to VCAT with an application to hear your case.
www.consumer.vic.gov.au
2
3 4
5
6
7
8
RT 36 (7/3/2008)
Notice for Breach of Duty
reasons to use in question 10
167(1)–non-residential use you have used the site for other than a residential purpose. 167(2)–improper use you or your visitor have not used the site, caravan park and facilities properly. 169–unpaid rent/charges you have not paid the rent and other agreed charges and/or hiring charges as agreed. 170–interference with peace you have interfered or allowed your visitor to interfere with the privacy and peace and quiet of the other occupants or their proper use and enjoyment of the caravan park. 171(1)–site not clean and tidy you have not kept the site clean and tidy. 171(2)–poor condition of site or caravan you have not kept the site and the caravan in a manner and condition which does not detract from the general standard of the caravan park. 172–structure without consent you have erected a structure on the site or in the caravan park without my prior written consent. 173(1)–unreported damage caused by resident you or your visitor have caused damage to the caravan/caravan park facility and you have not repaired the damage or notified me and paid compensation. 173(2)–unreported damage or breakdown you did not report damage to, or breakdown of, communal facilities of which you had knowledge. 174–excess people you have allowed a greater number of persons to reside on the site than agreed. 175–failure to observe rule/s you have failed to observe all caravan park rules. The rule/s you did not observe is/are........................... 201(e)(i)–you did not permit a person exercising a right of entry to enter the site to inspect the site. 201(e)(ii)–you did not permit a person exercising a right of entry to enter the caravan to inspect the caravan. • Please note - the required time within which the resident must comply is 7 days after these notices are received. You must complete 12a for this notice to be valid. • Please note - refer to S201 to ensure that you have a right of entry. 204–refusal to permit entry–for a person exercising a right of entry under s201 201(b)–you did not permit a person exercising a right of entry to enter the caravan to show it to a prospective buyer or lender. 201(d)–you did not permit a person exercising a right of entry on reasonable grounds to enter the caravan or site upon believing that you had failed to comply with your duty as a resident.
• Please note - the required time within which the
resident must comply is 3 days after this notice is received. You must complete 12b for this notice to be valid. 201(a)–you did not permit a person exercising a right of entry to enter the caravan or site to show the caravan or site to a prospective resident. 201(c)–you did not permit a person exercising a right of entry to enter the caravan or site to enable the owner to carry out a duty as an owner.
• write rule/s in 10, or attach to notice.
How to serve this notice
You can serve this notice by hand, ordinary post or registered post If you send a notice by ordinary or registered post, you must take into account the extra days it takes for the notice to be given. For ordinary post this usually means at least one business day after the notice was posted. For registered post this usually means at least two business days after the notice was posted. For more information refer to Caravan parks: a guide for residents, owners and managers available from Consumer Affairs Victoria on 1300 55 81 81.
Notice for Breach of Duty
to a resident/s of a caravan park
Resident details 1 This notice is given to (resident/s names)
From the owner
Reason for breach of duty notice 10 I believe you have breached your duty as a resident
because (write the section number and words from the
opposite page)
2
Regarding the caravan at
(write address and include site no.)
3
11 The loss or damage caused is
Resident/s address
(if same address as 2, write “as above”)
Owner details 4 Owner’s name (cannot be an agent’s)
12 Compensation or compliance required
a For breach of S167, S169–S175, or S204[S201(a),(c),(e)]
I require you to remedy the breach within 7 days after receiving this notice by
5
Address for serving documents (can be an agent’s)
6
Contact telephone numbers
or pay me $
or
compensation.
( ) Service details 7 This notice is given
by hand by registered post by ordinary post on (date)
BH
( )
AH
b For breach of S204[S201(b),(d)] by refusing to permit
entry I require you to remedy the breach within 3 days of receiving this notice by permitting entry; or pay me $ compensation.
13 You must not commit a similar breach again. If you
do not comply with this notice the owner may apply to the Victorian Civil and Administrative Tribunal for a compensation or compliance order or, if S308 applies, may give notice to vacate.
/
/
8
Signature of owner or agent
14 Details are attached to this notice
(eg receipts, other evidence) yes no
9
Name of owner or agent signing this notice
Resident please note
If you want help with this notice, then ring the Consumer Affairs Helpline on 1300 55 81 81 or visit the Victorian Consumer & Business Centre at 113 Exhibition Street, Melbourne.
Notice for Breach of Duty
to a resident/s of a caravan park
Resident details 1 This notice is given to (resident/s names)
Owner’s copy
Reason for breach of duty notice 10 I believe you have breached your duty as a resident
because (write the section number and words from the
opposite page)
2
Regarding the caravan at
(write address and include site no.)
3
11 The loss or damage caused is
Resident/s address
(if same address as 2, write “as above”)
Owner details 4 Owner’s name (cannot be an agent’s)
12 Compensation or compliance required
a For breach of S167, S169–S175, or S204[S201(a),(c),(e)]
I require you to remedy the breach within 7 days after receiving this notice by
5
Address for serving documents (can be an agent’s)
6
Contact telephone numbers
or pay me $
or
compensation.
( ) Service details 7 This notice is given
by hand by registered post by ordinary post on (date)
BH
( )
AH
b For breach of S204[S201(b),(d)] by refusing to permit
entry I require you to remedy the breach within 3 days of receiving this notice by permitting entry; or pay me $ compensation.
13 You must not commit a similar breach again. If you
do not comply with this notice the owner may apply to the Victorian Civil and Administrative Tribunal for a compensation or compliance order or, if S308 applies, may give notice to vacate.
/
/
8
Signature of owner or agent
14 Details are attached to this notice
(eg receipts, other evidence) yes no
9
Name of owner or agent signing this notice
Resident please note
If you want help with this notice, then ring the Consumer Affairs Helpline on 1300 55 81 81 or visit the Victorian Consumer & Business Centre at 113 Exhibition Street, Melbourne.
Notice for Breach of Duty
to a resident/s of a caravan park
Resident details 1 This notice is given to (resident/s names)
Owner’s copy
Reason for breach of duty notice 10 I believe you have breached your duty as a resident
because (write the section number and words from the
opposite page)
2
Regarding the caravan at
(write address and include site no.)
3
11 The loss or damage caused is
Resident/s address
(if same address as 2, write “as above”)
Owner details 4 Owner’s name (cannot be an agent’s)
12 Compensation or compliance required
a For breach of S167, S169–S175, or S204[S201(a),(c),(e)]
I require you to remedy the breach within 7 days after receiving this notice by
5
Address for serving documents (can be an agent’s)
6
Contact telephone numbers
or pay me $
or
compensation.
( ) Service details 7 This notice is given
by hand by registered post by ordinary post on (date)
BH
( )
AH
b For breach of S204[S201(b),(d)] by refusing to permit
entry I require you to remedy the breach within 3 days of receiving this notice by permitting entry; or pay me $ compensation.
13 You must not commit a similar breach again. If you
do not comply with this notice the owner may apply to the Victorian Civil and Administrative Tribunal for a compensation or compliance order or, if S308 applies, may give notice to vacate.
/
/
8
Signature of owner or agent
14 Details are attached to this notice
(eg receipts, other evidence) yes no
9
Name of owner or agent signing this notice
Resident please note
If you want help with this notice, then ring the Consumer Affairs Helpline on 1300 55 81 81 or visit the Victorian Consumer & Business Centre at 113 Exhibition Street, Melbourne.