Notice for breach of duty from site owner to Part 4A site tenant
Residential Tenancies Act 1997 (the Act), S208(1) & (2)
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Note: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text.
Use this form for giving notice to site tenant of breach of dutyfor:
· failing to use the site for residential purposes only and in accordance with the site agreement
· improper use of the site, park or facilities
· using the site, or permitting the use of the site, for an illegal purpose
· failing to pay the rent, fees and other agreed charges
· interference with the privacy and peace and quiet of other occupants of the park, or with the proper use and enjoyment of the park by other occupants
· failing to keep the site clean and tidy
· poor condition of the site/dwelling
· erecting a structure without consent
· failing to repair damage, or to notify the site owner and pay compensation for damage
· failing to report damage to or breakdown of communal facilities
· allowing a greater number of persons to reside on the site than agreed
· failing to observe the park rules
· failing 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.
2. Complete questions 1 to 7
You must complete all boxes.
3. Sign at 8 and write your name at 9
4. Write your reason in 10
In box 10, write the section number and the exact words for the breach on the back of this page.
5. Complete 11
Give details of the loss or damage caused by the breach.
6. 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, select the first option (a), write exactly what you want the site tenant to do to remedy the breach and the amount of compensation you require if they do not.
7. 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 in14.
8. When the form is complete
Send a copy of the form to the site tenant/s. For more information, see ‘How to serve this notice’ on page 2.
Keep copies of the form for your records. If the site tenant/s do not comply, you can send one of these copies to the Victorian Civil and Administrative Tribunal (VCAT) with an application to hear your case.
Telephone Interpreter Service
If you have difficulty understanding English, contact the Translating and Interpreting Service (TIS) on 131 450 (forthecost of a local call) and ask to be put through to anInformation Officer at Consumer Affairs Victoria on
1300 55 81 81.
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Notice for breach of duty from site owner to Part 4A site tenant
Reasons to use in question 10
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206ZI(1)–non-residential use or use not in accordance with site agreement
You have failed to use the site for residential purposes only and in accordance with the site agreement.
206ZI(2)–improper use
You have failed to use the site, park and facilities properly and/or failed to ensure that your visitors (if any) do the same.
206ZJ–illegal purpose
You have used the site, or permitted the use of the site, for a purpose that is illegal at common law or under an Act.
206ZK–unpaid rent/charges
You have not paid the rent, fees and other agreed charges on the due dates and in the agreed manner.
206ZL–interference with peace
You have interfered or allowed your visitors to interfere with the privacy and peace and quiet of other occupants of the park, or with the proper use and enjoyment of the park by other occupants.
206ZM(1)–site not clean and tidy
You have not kept the site clean and tidy.
206ZM(2)–poor condition of site/dwelling
You have not kept the site and dwelling in a manner and condition that do not detract from the general standard of the park.
206ZN–structure without consent
You have erected a structure on the site or in the park without my prior written consent.
206ZO(1)–damage caused by site tenant
You or your visitor caused damage to the site/facility in the park and you have not repaired the damage or notified me and paid compensation.
206ZO(2)–unreported damage or breakdown
You did not report damage to, or breakdown of, communal facilities of which you had knowledge.
206ZP–excess people
You have allowed a greater number of persons to reside on the site than agreed.
206ZQ–failure to observe rules
You have failed to observe all park rules. The rule/s you did not observe is/are _ (write rule/s in 10, or attach to notice)
206ZZM–refusal to permit entry–for a person exercising a right of entry under s206ZZJ
Please note – site owner refer to s206ZZJ to ensure that you have a right of entry.
206ZZJ(b)–You did not permit a person exercising a right of entry to enter the site to show it to a prospective buyer or lender.
206ZZJ(d)–You did not permit a person exercising a right of entry on reasonable grounds to enter the site upon believing that you had failed to comply with your duties as a site tenant.
Please note – for the 2 reasons listed above, the required time within which the site tenant must comply is 3 days after this notice is received. You must complete 12(b) for this notice to be valid.
206ZZJ(a)–You did not permit a person exercising a right of entry to enter the site to show it to a prospective site tenant.
206ZZJ(c)–You did not permit a person exercising a right of entry to enter the site to enable the site owner to carry out a duty as a site owner.
206ZZJ(e)–You did not permit a person exercising a right of entry to enter the site to enable inspection of the site (when entry for that purpose has not been made within the last 6 months).
Please note – for the 3 reasons listed above, the required time within which the site tenant must comply is 14 days after this notice is received. You must complete 12(a) for this notice to be valid.
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How to serve this notice
You can serve this notice by hand, by post, or by email (with consent).
If you send this notice by post, you must take into account the extra days it takes for the notice to be delivered. Australia Post has threedifferent speeds for ordinary mail delivery – express, priority and regular mail, which may take up to six days. Priority and regular delivery speeds also apply for registered post. You may wish to keep evidence of the mail delivery method you relied on to send this notice.
For more information about Australia Post’s mail delivery options and times, visit the Australia Post website (auspost.com.au).
You can only send this notice by email if you already have the site tenant’s written consent to receive notices and other documents this way. The site tenant may have given consent in the tenancy agreement or separately in writing. A consent form is available from the Forms and publications section – Consumer Affairs Victoria website (consumer.vic.gov.au/forms).
If you send this notice by email, the provisions of the Electronic Transactions (Victoria) Act 2000 apply. For legal purposes,
the time when a notice is received is when it can be retrieved from the email address the recipient nominated.
To help calculate the total minimum days to allow, depending on the notice period required and the method of postal delivery,
visit the Giving notices – Residential Tenancies List page – VCAT website (www.vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).
If you need help with this notice, visit the Renting section – Consumer Affairs Victoria website (consumer.vic.gov.au/renting) or call the Consumer Affairs Victoria Helpline on 1300 55 81 81.
Notice for breach of duty from site owner to Part 4A site tenant From the site owner
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Site tenant details
1. This notice is given to: (site tenant/s name/s)
2. Regarding the Part 4A site at:
(insert address of Part 4A site)
3. Site tenant/s address:
(if same address as 2, write ‘as above’)
Site owner details
4. Site owner’s name: (cannot be an agent’s)
5. Address for serving documents: (can be an agent’s)
6. Contact telephone numbers:
Business hours:After hours:
Service details
7. This notice is given: (mark one method only and if posted note the delivery speed)
by hand:by registered post:
by ordinary post:
by email:
Insert email address:
(if applicable)
on (date): / / /
8. Signature of site owner or agent:
9. Name of site owner or agent signing this notice:
Reason for breach of duty notice
10. I believe you have breached your duty as a site tenant because: (write the section number and words from the section ‘Reasons to use in question 10’)
11. The loss or damage caused is:
12. Compensation or compliance required
a) For breach of s206ZI(1), s206ZI(2), s206ZJ, s206ZK, s206ZL, s206ZM(1), s206ZM(2), s206ZN, s206ZO(1), s206ZO(2), s206ZP, s206ZQ or s206ZZM[s206ZZJ(a),
(c),(e)], I require you to remedy the breach within 14days after receiving this notice by:
b) For breach of s206ZZM[s206ZZJ(b),(d)] by refusing topermit entry I require you to remedy the breach within 3 days of receiving this notice by permitting entry;
or pay me compensation of: ($)13. You must not commit a similar breach again. If you do notcomply with this notice the site owner may apply tothe Victorian Civil and Administrative Tribunal for a compensation or compliance order.
14. Details are attached to this notice:
(e.g. receipts, other evidence)
no:
Site tenant please note
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice for breach of duty from site owner to Part 4A site tenant Site owner’s copy
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Site tenant details
1. This notice is given to: (site tenant/s name/s)
2. Regarding the Part 4A site at:
(insert address of Part 4A site)
3. Site tenant/s address:
(if same address as 2, write ‘as above’)
Site owner details
4. Site owner’s name: (cannot be an agent’s)
5. Address for serving documents: (can be an agent’s)
6. Contact telephone numbers:
Business hours:After hours:
Service details
7. This notice is given: (mark one method only and if posted note the delivery speed)
by hand:by registered post:
by ordinary post:
by email:
Insert email address:
(if applicable)
on (date): / / /
8. Signature of site owner or agent:
9. Name of site owner or agent signing this notice:
Reason for breach of duty notice
10. I believe you have breached your duty as a site tenant because: (write the section number and words from the section ‘Reasons to use in question 10’)
11. The loss or damage caused is:
12. Compensation or compliance required
a) For breach of s206ZI(1), s206ZI(2), s206ZJ, s206ZK, s206ZL, s206ZM(1), s206ZM(2), s206ZN, s206ZO(1), s206ZO(2), s206ZP, s206ZQ or s206ZZM[s206ZZJ(a),
(c),(e)], I require you to remedy the breach within 14days after receiving this notice by:
b) For breach of s206ZZM[s206ZZJ(b),(d)] by refusing topermit entry I require you to remedy the breach within 3 days of receiving this notice by permitting entry;
or pay me compensation of: ($)13. You must not commit a similar breach again. If you do notcomply with this notice the site owner may apply tothe Victorian Civil and Administrative Tribunal for a compensation or compliance order.
14. Details are attached to this notice:
(e.g. receipts, other evidence)
no:
Site tenant please note
If you need help with this notice, call the Consumer AffairsVictoria Helpline on 1300 55 81 81 or visit consumer.vic.gov.au/renting
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Notice for breach of duty from site owner to Part 4A site tenant Site owner’s copy
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Site tenant details
1. This notice is given to: (site tenant/s name/s)
2. Regarding the Part 4A site at:
(insert address of Part 4A site)
3. Site tenant/s address:
(if same address as 2, write ‘as above’)
Site owner details
4. Site owner’s name: (cannot be an agent’s)
5. Address for serving documents: (can be an agent’s)
6. Contact telephone numbers:
Business hours:After hours:
Service details
7. This notice is given: (mark one method only and if posted note the delivery speed)
by hand:by registered post:
by ordinary post:
by email:
Insert email address:
(if applicable)
on (date): / / /
8. Signature of site owner or agent:
9. Name of site owner or agent signing this notice:
Reason for breach of duty notice
10. I believe you have breached your duty as a site tenant because: (write the section number and words from the section ‘Reasons to use in question 10’)
11. The loss or damage caused is:
12. Compensation or compliance required
a) For breach of s206ZI(1), s206ZI(2), s206ZJ, s206ZK, s206ZL, s206ZM(1), s206ZM(2), s206ZN, s206ZO(1), s206ZO(2), s206ZP, s206ZQ or s206ZZM[s206ZZJ(a),
(c),(e)], I require you to remedy the breach within 14days after receiving this notice by:
b) For breach of s206ZZM[s206ZZJ(b),(d)] by refusing topermit entry I require you to remedy the breach within 3 days of receiving this notice by permitting entry;