What operators need to know about the latest amendments to the Residential Tenancies Regulations
The Residential Tenancies Amendment (Housing Statement Reform and Part 4A Site Agreements) Regulations 2025 (Vic) passed through Parliament on 25 November 2025, amending the Residential Tenancies Regulations 2021 (Vic) made under the Residential Tenancies Act 1997 (Residential Tenancies Act).
The Regulations affect residential rental providers and land lease operators. This alert is concerned only with the reforms relevant to land lease operators, some of which take effect immediately and some of which take effect on 1 July 2026.
The key reforms for land lease operators introduce an increased notice period for site rent increases, set out a new mandatory prescribed site agreement and set expanded pre-contract disclosure requirements.
New notice period for site rent increases
Effective from 25 November 2025, site tenants must be given 90 days’ notice of a site rent increase instead of the previous minimum of 60 days. The relevant form on the Consumer Affairs Victoria website has been updated and operators should ensure they download and use the updated form moving forward.
New prescribed agreements mandatory from 1 July 2026
From 1 July 2026, land lease operators must use a new prescribed Part IVA Park Site Agreement (Form 16A). If the prescribed form of site agreement is not used, a penalty of 25 penalty units (currently approximately $5,000) applies per breach.
The prescribed Form 16A addresses important contract terms governed by sections of the Residential Tenancies Act. However, it still also allows operators to include their own additional terms, provided those are not inconsistent with the Residential Tenancies Act and do not constitute a prohibited term. While exit fees are prohibited in some Australian states, that is not the case in Victoria and the prescribed form contemplates that some operators include an exit fee in their fee structure.
The prescribed site agreement also lists out other forms, statements, notices and reports required to be given to site tenants as part of the pre-contract disclosure process and confirms they too form part of the site agreement.
Expanded pre-contractual disclosure obligations under
For site agreements entered into on and from 1 July 2026, operators must have complied with increased disclosure obligations under the new version of Regulation 77, which will replace in full the existing regulation 77. This means in practice that operators need to be vigilant when making pre-contract disclosure during May – early June 2026. Fresh disclosure under the new Regulations may need to be provided if a prospective site tenant who received disclosure documents made under the existing Regulations, is then delayed until 1 July or later in signing their site agreement.
The Regulation newly addresses what disclosure will be required to comply with 206JF(1)(ed) and (f) of the Act, including as to:
- Rent and rent increase methodologies, including worked examples over 1, 2, 5 and 10 years;
- All fees, charges and utilities arrangements;
- Exit fees, deferred management fees and sale-related costs;
- Environmental risk information, for example whether the park has been flooded due to a weather event in the last 5 years for flooding or is in a bushfire zone; and
- Operational information such as emergency plans, the end date of any lease park under the which the park operates, services and facilities available to site tenants and the terms on which they may be used, park rules, information about keeping pets, resident committee consultation in the previous 12 months, committee contact details and dispute processes.
Disclosure will still be required to be given in a form approved by the Director. A new form to address the new Regulation 77 disclosure obligations is expected to be published on the Consumer Affairs Victoria website in due course.
What operators should do now
Land lease operators should download updated forms from the Consumer Affairs Victoria website and begin reviewing their current agreements, disclosure documents and onboarding processes to ensure compliance ahead of the 1 July 2026 deadline.
For assistance reviewing your documentation or updating your resident onboarding materials, please contact Donna Rayner, Kathryn Elleman, Jessica Kinnear or Suzanne Rieschieck.