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VIC: Residential Tenancies Act Section 144 Agreements

Agreements

(1) A resident and a caravan park owner may enter an agreement specifying the terms and conditions of the resident's use and enjoyment of the caravan park. Note Section 145E requires a caravan park owner to disclose certain information about the land on which the caravan park is situated to the resident before an agreement under this subsection is entered into.

(2) A resident and a caravan owner may enter an agreement specifying the terms and conditions of the resident's use and enjoyment of the caravan.

(3) A caravan park owner and a caravan owner may enter an agreement specifying the terms and conditions of the occupancy of a site by a caravan.

(4) A term or condition in an agreement under this section that is inconsistent with this Act or that purports to exclude, restrict or modify the application of or exercise of a right conferred by this Act is invalid.

(4A) A term of an agreement under this section is also invalid if it is a prohibited term or a term that this Act provides must not be included in an agreement under this section.

(5) In this section resident includes a proposed resident.

(6) A term of an agreement that purports that a person is to occupy a site in a caravan park for holidaying or non-residential purposes is prima facie evidence that the agreement is in respect of occupation of the caravan site for holidaying or non-residential purposes.

Note The Tribunal may declare under sections 144A and 472 that a term of an agreement under this section is invalid.

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