Know your rules in caravan parks: What is a 'serious nuisance'?
All residents in a caravan park are entitled to a reasonable degree of peace and quiet, unless the activities of their neighbours fall into the 'serious nuisance' category.
If it gets to this stage, the police, who have special powers under such circumstances, may become involved.
So, what constitutes a serious nuisance? It’s quite an extensive list and encompasses a lot of unacceptable behaviours.
Assault or threat of assault to a tenant or anyone else in the park
Use of threatening or abusive language towards a tenant or someone else in the park
Behaviour that is riotous, violent, disorderly, indecent, offensive or threatening in the park
Behaviour that causes a substantial, unreasonable annoyance to a tenant or someone else in the park
Behaviour that causes a substantial, unreasonable disruption to the privacy of a tenant or someone else in the park
Wilful damage to property of a tenant or someone else in the park
If the police become involved, they have the capacity to decide whether the behaviour constitutes a serious nuisance.
The police have the powers to issue a warning, search the caravan park, and to issue an order excluding the person/s from the park for 24 hours.
The park manager/owner also has the ability to make an urgent application to the Queensland Civil and Administrative Tribunal (QCAT) for an order to end a tenancy on the grounds of a tenant’s objectionable behaviour.
The park manager/owner can also apply to QCAT for an order to exclude a person (even if they are not a tenant) for up to 1 year because of their behaviour.
The park manager/owner can apply for an exclusion order at any time, but the person who is facing the exclusion must be given 21 days’ notice before the application is heard by QCAT.
More information about tenancy responsibilities is available by contacting the RTA direct on 1300 366 311.
The RTA is the Queensland Government statutory authority that administers the Residential Tenancies and Rooming Accommodation Act 2008. They provide tenancy information, bond management, dispute resolution, investigation, and policy and education services.