Key land lease operation changes in VIC: Russell Kennedy

The State Government passed the Residential Tenancies Amendment (Housing Statement Reform and Part 4A Site Agreements) Regulations 2025 (Vic) on 25 November 2025.

The regulations amend the Residential Tenancies Regulations 2021 (Vic) made under the Residential Tenancies Act 1997 (Residential Tenancies Act).

Lawyers Russell Kennedy note the key reforms for land lease operators are:

Increased 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.

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 addresses important contract terms governed by sections of the Residential Tenancies Act.

Expanded pre-contractual disclosure obligations

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 the existing regulation 77. 

The Regulation also addresses what disclosure will be required, including:

• 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 five 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.

Russell Kennedy advised land lease operators to 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, contact Donna Rayner, Kathryn Elleman, Jessica Kinnear or Suzanne Rieschieck.