In short:
Three residents of a northern Tasmanian caravan park will be evicted from their long-term sites after an alleged “campaign” against park management.
Earlier this year, the park notified residents the council would investigate non-compliant caravan and cabin annexes on sites.
What’s next?
Tasmania is the only jurisdiction without legislation on caravan park living, which the state government is looking at changing. Meanwhile, dozens of residents are yet to find out which of them will be given notice to leave.
When John Lowe found out in February he was at risk of losing his home, he leapt into action.
At the time, Mr Lowe had been living at a seaside caravan park in northern Tasmania for 18 months, where he is described by the park as a “guest”.
He formed an association to represent the approximately 65 long-term residents of the Beauty Point Tourist Park after they received a letter from park management advising the local council would be “investigating” vans and annexes within the park that could be considered permanent and non-compliant with building or planning regulations.
The letter stated non-complying residents could be evicted.
In his advocacy for the group, Mr Lowe posted to social media about concerns with park management, such as the threat of evictions and park management rules.
At the time, park management said that it had called on the state government to put a moratorium on compliance action by local authorities against existing residences and to introduce legislation to give caravan park residents more rights.
But now Mr Lowe is worried the park is preparing to kick him out for a different reason.
On Monday, residents received another letter from management, this one saying three people would have their licences terminated for bringing the park’s reputation “into disrepute”.
The park did not say who the three people were, and the residents the ABC spoke to had not received any notices, but Mr Lowe, 62, is preparing for the possibility he is one.
“Myself and others, we’re literally in tears because we’ve just got nowhere else to go,” Mr Lowe said.
“Apparently … we can be evicted from homes that we own [as] we rent the land on the park.”
He said the residents were all aged over 55, and many were on disability pensions.
While park residents own their homes, which tend to be modified caravans or cabins, some with extra rooms built onto the sides, they pay fortnightly fees to park management for use of their land.
The council has previously said the park does not have permission to house permanent residents.
This means when residents are evicted, they must relocate their caravan or cabin from the park which can mean dismantling annexes.
Park alleges ‘campaign of personal denigration’
From Saturday, new park management rules came into effect for people staying at the park.
One rule states those staying at the park are “not to act in a manner which brings the park or our staff into disrepute, or in a manner which damages their reputations”.
Monday’s letter assured residents that management did not intend to move anyone on unless they “fail to act in a professional and courteous manner to our staff”.
“The individuals in question have been actively engaged in a campaign of personal denigration against our directors,” Joshua Manticas, managing director of the park, wrote.
“On multiple occasions, they disclosed private information of our directors to other individuals.
“Additionally, they have made what may be considered defamatory references about staff members and directors.”
Mr Manticas told the ABC that park decisions, such as the termination of licences, were not made lightly.
“We are a tourism accommodation business and everyone staying in our park are guests allowed to stay at our discretion providing they uphold behavioural standards and our park terms and conditions,” he said.
Residents face possible eviction
John Dennis, who has lived at the park for 14 years, helps Mr Lowe run the residents’ association.
Through tears, the 67-year-old described his fear of getting kicked out and having to live in his car.
“There’s a lot of psychological pressure on not only myself and John, but the rest of the committee and everyone in the park,” he said.
“We’ve got nowhere else to go, and it’s going to be pretty cold living in a car.”
He had hoped he would live at the park for the rest of his days.
“It’s a lovely place, there are lovely people in there,” he said.
“We care about each other.”
Building certificate to resolve compliance issue
The Tasmanian government pledged in May to consult the community on legislation to clarify the rights and responsibilities of caravan park residents and owners.
The government said it would release a discussion paper in August and seek information on:
- Whether law reform is needed
- Potential governance arrangements for owners and residents
- Rights and obligations of owners and residents
- Dispute resolution mechanisms
- Any residential tenancy, building, public health or planning implications of potential law reform
In light of the commitment, the West Tamar Council in May provided a mechanism allowing residents at the Beauty Point caravan park to apply for a building certificate, which “certifies that council does not intend to take any action under the Building Act”.
The council said the certificates would be in force until a long-term solution could be put in place by the state government.
Protects for park residents urgently needed, Greens say
Tasmanian Greens MP Cecily Rosol said:
“This highlights the gap in the legislation, and how that gap in legislation impacts on the residents of caravan parks,” she said.
Ms Rosol said the Greens were calling on the Tasmanian government to urgently develop the legislation to protect residents.
Every Australian jurisdiction other than Tasmania has legislation outlining the rights of people staying long-term in caravan parks.
Mr Manticas, who manages the park, has previously lobbied the state government for legislation and has welcomed the state government’s plan to consult on reforms.
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