Application by a site tenant or site owner
If you are a site tenant or site owner you may be able to apply to VCAT about a renting dispute under part 4 Parks of the Residential Tenancies Act 1997.
Part 4A site agreements are agreements between residents who own their own dwelling but rent the underlying land, and park operators who rent out the underlying land (site).
Cases VCAT can hear
VCAT can hear disputes between site tenants and site owners.
Cases VCAT cannot hear
VCAT cannot hear disputes between tenants and tenants, or disputes between neighbours.
Notices you must attach to your application
Under some sections of the Act, if you are applying as a site owner or site tenant you must attach the relevant prescribed document.
Attach the relevant document to your application if you are applying under one of these sections of the Act:
- section 209, compensation or compliance – attach a copy of breach of duty notice given under section 208 of the Act
- section 206ZZA, order declaring invalid an unreasonable part 4A park rule – attach a copy of the park rule)
- section 317U, 14 days notice of intention to vacate following failure to comply with order made under s. 212 – attach a copy of the order
- section 317V, 14 days Notice of intention to vacate following successive breaches by site owner – attach a copy of the breach of duty notices
- section 317M, Application for termination of existing site agreement and creation of new site agreement because of final family violence order – attach a copy of breach of final family violence order made under the Family Violence Protection Act 2008
- section 317Q, Reduction of fixed term site agreement because of family violence intervention order – attach a copy of breach of family violence intervention order made under the Family Violence Protection Act 2008
- section 317ZH, challenge to validity of s. 317ZF notice to vacate – attach copy of notice to vacate
See the sections of the Residential Tenancies Act 1997 that apply to disputes commonly lodged by site owners and documents you may need to provide with your application.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
For renting cases, most landlords are represented by an estate agent. If you are a tenant and your landlord is represented by their real estate agent, you are automatically entitled to professional representation.
When your dispute is about regaining possession of a rental property, you do not need permission from VCAT to be legally represented.
Find free or low-cost legal services that may be able to assist you.
Need help with your application?
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help you:
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.