Being a residential park operator

Operators ending a residential park agreement

How you end an agreement will depend on the type of residential park agreement signed at the start of the tenancy.

Fixed term agreements

Fixed term residential park agreements can only end before the date specified by either negotiating with the resident or if the resident has broken the conditions of the agreement - eg not paying rent.

If your resident wants to leave a fixed term residential parks agreement before the end date they should try to negotiate this with you first. If a mutually acceptable solution can't be reached the resident may be liable for any costs associated with reletting the property - eg for loss of rent, advertising costs.

If you want the resident to leave at the end of a fixed agreement you must give them 28 days written notice of termination (136.6 KB PDF).

Periodic agreements

If you want to end a periodic agreement for a site and dwelling, you must give the resident at least 60 days written notice of termination (136.6 KB PDF).

If you want to end a periodic agreement for a site only, you must give the resident at least 90 days written notice of termination (136.6 KB PDF).

To end an agreement for unpaid rent the resident must be at least seven days in arrears before you can issue the written notice.

The residential park agreement will end if the resident has abandoned the property or if they die and have no dependants living there.

Property condition

If the property has been destroyed and is uninhabitable, a written notice of frustrated agreement (134.1 KB PDF) can be given to the resident to end the agreement immediately.

If a rented property is subject to a housing improvement notice you must have a specific reason to end the agreement - eg rent arrears. You need to apply to the South Australian Civil and Administrative Tribunal (SACAT) for authorisation to end the agreement unless it is a fixed term agreement that will end on the date specified in the agreement.

Change in ownership of the park

The residential park agreement will end if someone with a superior legal claim to the park becomes entitled to possession under an order made by SACAT or a court takes possession - eg a mortgagee.

If the park is sold and the new owner wishes to end any residential park site agreements in place for a fixed term of more than 12 months they must give the resident written notice of acquisition (35.3 KB PDF) within 14 days of settlement.

If the park has been acquired through compulsory processes, 60 days written notice of frustrated agreement (134.1 KB PDF) can be given to the resident to end the agreement.

Residents ending a residential park agreement

A resident can end an agreement after giving you written notice if:

  • you have breached the conditions of the agreement - this requires 14 days written notice to remedy the breach or the resident will leave the next day
  • they want to end a periodic agreement for no specific reason - written notice must be given and this should be whichever is the longer of:
    • one rental period - eg if rent is paid monthly then one month's notice must be given
    • 21 days for a site and dwelling agreement or 28 days for a site only agreement
  • they don't want to renew a fixed term tenancy - written notice 28 days before the end date specified on the residential park agreement must be given.

Residents refusing to leave

If a resident refuses to leave after the agreement has ended you can make an application to SACAT to request an order for eviction.

What to do if a resident has left property behind

If a resident has left behind belongings at a rented property there are certain steps you will need to take before you can dispose of them.

Perishables

Food for example, can be disposed of immediately.

Personal documents

Photos, passports, for example, should be kept safe for at least 28 days. If they aren't reclaimed they should be destroyed in a secure manner.

Items of little value

Blankets, toys, for example, can be disposed of or donated immediately if their value is less than the cost to remove, store and sell them.

Valuable items

Antique furniture or other goods with a value greater than the cost to remove, store and sell them, must be stored for at least 28 days after written notice of valuable abandoned goods (147.3 KB PDF) has been given to the resident.

Abandoned dwellings

A caravan, should be kept safely on the rented site and you will need to apply to SACAT seeking an order for the vacant possession of the site. After this the dwelling should be retained for at least 60 days after written notice of valuable abandoned goods (147.3 KB PDF) has been given to the owner of the dwelling.

If you don't have a forwarding address for the resident or don't know of another person with interest in the property - eg next of kin, this notice must be published in a newspaper circulated state-wide.

The owner of the abandoned property is liable to cover reasonable costs associated with reclaiming it. If these items are not reclaimed by the date specified on the notice they can be sold at public auction.

Any money made from the sale of abandoned property can be used to cover the costs incurred for its removal, storage and sale, and for any other debt owed under the residential park agreement - eg unpaid rent.

Any money left over should be either returned to the owner of the abandoned property or paid to Consumer and Business Services (CBS) to be held in a fund until it is claimed by the resident.

Problems with visitors

If a resident or their guest commits a serious act of violence or puts the safety of others at risk you can issue them a written notice of exclusion from the park (117.8 KB PDF). This notice states that the resident or their guest must immediately leave the park and can not re-enter until the date specified on the notice. You can then make an urgent application to SACAT during this exclusion period to end the residential agreement.

If a resident has breached other conditions of the residential park agreement you can end the agreement by giving the resident a written notice for a breach (169.8 KB PDF) and written notice for any further breaches (34.2 KB PDF).

If a visitor puts other people's safety at risk or they have caused, or are likely to cause, damage to property you can issue a notice of exclusion of a visitor (34.2 KB PDF) as soon as possible to them. This means that the visitor must leave the park immediately and is not allowed to return until the date specified on the form.

If a visitor refuses to leave it is recommended you contact the police on phone 131 444. A visitor refusing to comply with the notice can be fined.

You can make an application to SACAT for a restraining order against a visitor if there is a risk of serious injury or damage occurring.

If a visitor breaches this restraining order it is considered an offence and can result in up to one year's imprisonment.

Managing disputes with residents

If you are having a dispute with a resident there are a few options available to help you resolve the problem. CBS can provide free and independent advice, support and mediation to help you reach a mutually acceptable solution to the dispute with the resident.


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Page last updated 12 May 2017

Provided by:
Attorney-General's Department
URL:
http://www.sa.gov.au/topics/housing/renting-and-letting/residential-park-tenancies/being-a-residential-park-operator/operators-ending-a-residential-park-agreement
Last Updated:
12/05/17
Printed on:
18/11/17
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016