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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Hope you can help. We have a caravan & annexe in a holiday

Customer Question

Hi, Hope you can help. We have a caravan & annexe in a holiday park that we pay a yearly site lease on. We have been in this park for nearly 16 years with no issues. In December last year we placed our property up for sale. Two weeks in park owner started to impede our sale by saying there was a problem with our property. He claimed to have no knowledge of a structure that had been there for 13 years. We challenged this and park owner became rude, aggressive and intimidating. In January he issued us with a notice to clear our site because they were not equipped to deal with complex legal battles. We used a solicitor and park owner refused to answer any letters challenging breaches to our agreement with park. Our solicitor did not want to continue because he said next steps were out of his expertise with consumer law. Are you able to offer any advice please? We know he has every right to not renew lease, but does he have the right to misrepresent our property, impede sale or treat us in such an unconscionable manner? Thanks your advice would be appreciated as we don't know what to do.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
The holiday park is in Victoria Australia
Expert:  Leon replied 1 year ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you want to stay you have to fight the notice in VCAT.

You have to look at the rules of the park and the agreement you have. This sets out the rules.

You will have to commence the action ASAP because if you dont they may to have you removed.