Ending a residential park agreement

How  the park operator or resident ends the residential park agreement will depend on:

• the type of residential park agreement
• how long the resident has lived in the park
• the rental period.

Site only agreements

Tenancy agreements

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

• the park operator has breached the conditions of the agreement - this requires 14 days written notice to remedy the breach or the resident can leave the next day
• they want to end a periodic agreement for no specific reason - written notice must be given and this should be:
  • for a site agreement - 28 days, unless the rent period is longer, for example, if rent is paid monthly then one month's notice must be given
  • for a tenancy agreement - 21 days, unless the rent period is longer, for example, if rent is paid monthly, a month’s notice is required
• they don't want to renew a fixed term tenancy - written notice must be given at least 28 days before the end date specified on the residential park agreement.

If a resident wants to move out earlier

If a person wants to move out of the park before their agreement ends, they should discuss their intentions with the park operator. They'll need to consider whether to end the agreement or hold the resident to the agreement. The decision to end an agreement early should be put in writing.

If the operator decides to end the agreement, the resident may be required to pay for:

• the costs involved in finding a new resident
• any loss of rent.

Undue hardship

If continuing the agreement would cause undue hardship for the resident, they can lodge an application with SACAT to terminate the agreement.

An example of undue hardship could be the need to move into supported accommodation. Generally ‘undue hardship’ doesn't include financial difficulties.

Unpaid rent

To end an agreement for unpaid rent the resident must be at least seven days in arrears before the operator can issue the written notice.  The park operator can give the resident a notice to remedy the breach. The amount of notice is 28 days for a site agreement, and 14 days for a tenancy agreement. If the breach isn’t corrected, the resident will need to move out of the park.

If the resident doesn't think they breached the agreement, or have already fixed the problem, they can contact Consumer and Business Services (CBS) for advice.

Breach by the park operator

If the park operator breaches the conditions of the agreement, such as not repairing the rented property or common areas of the park, the resident can give the park operator 14 days written notice to remedy breach of agreement (339.9 KB PDF). This form gives the park operator 14 days to remedy the breach.

If the park operator has breached the same agreement condition at least twice before, and the resident has issued a notice to remedy the breach of the agreement on both occasions, they can give them written notice of termination (722.6 KB PDF) on the third occasion. This form gives the park operator 14 days written notice that the resident will be ending the agreement and moving out.

If the breach isn't corrected, the agreement will end and the resident must move out on the date specified. Residents should consider this carefully before giving this notice to a park operator.

Abandoned property

The residential park agreement will end if the resident has abandoned the property.

Death of a resident

Site agreement

If a resident dies, their estate may decide to sell the dwelling. They must inform the park operator and give them first option to purchase at market value. The estate isn't bound in any way to accept an offer made.

If no agreement to purchase is reached with the park operator within 28 days of notice of the intention to sell, the dwelling can be offered for sale to another person.

Tenancy agreement

A dependant person who is living in the property can choose to:

• stay at the park under the existing agreement
• seek written approval from the operator for the agreement to be transferred to another person
• terminate the agreement.

If there's no dependant person living in the property at the time the resident dies, the agreement will end.

Property in uninhabitable condition

If the property has been destroyed and is uninhabitable, a written notice of frustrated agreement (307.6 KB PDF) can be given to the resident to end the agreement immediately.

If a rented property is subject to a housing improvement notice the operator must have a specific reason to end the agreement, such as rent arrears.

The park operator needs to apply to the SACAT for authorisation to end the agreement unless it is a fixed-term agreement that will end on a date specified in the agreement.

Sale of the park

Site agreement

• The new owner must take on the obligations of the previous owner in relation to existing site agreements.
• For a periodic agreement, the existing owner can give a resident 60 days’ notice to terminate the agreement, unless the resident has lived in the park for more than 5 years.
• A fixed-term agreement remains in force until the expiry date, but can be terminated after that if the resident has lived in the park for less than 5 years.

Tenancy agreement

• The new owner may decide to keep an existing agreement with a resident.
• For a periodic agreement, if the park operator sells the rental property and the contract requires them to give vacant possession to the new owner,  the resident must be given 28 days’ notice, unless their rental period is longer, for example, if rent is paid monthly then a month’s notice must be given.

Change in use of the park

This only applies to site agreements.

A resident can be asked to move if the park will no longer be a residential park, or it's being redeveloped and that can't be completed safely and efficiently with the resident staying at their site.

If a resident has a periodic agreement and has lived in the park for less than 5 years, they may be given 90 days’ notice.

Otherwise, they must be given at least 365 days’ notice, unless both parties agree to a shorter period of time, or SACAT makes an order specifying a different time frame.

An agreement can only be terminated if the operator has offered to do one of the following, and the resident agrees:

• give the resident another site agreement in either the same park or another park that the operator owns, and agree to cover their costs to relocate
• purchase their dwelling
• cover the cost to relocate their dwelling to another location.

If the park operator and the resident can't reach an agreement, either party can apply to SACAT for an order.

If the park operator gives a termination notice, the resident can choose to end the agreement sooner by giving you 28 days’ notice. No reason needs to be given.

When the resident leaves the park to live somewhere else they must:

• give the rented site back to the park operator in a reasonable condition
• give their forwarding address to the park operator if they ask for it
• return any keys or devices that were provided by the park operator such as an access card to the park
• take all their belongings with them, including their dwelling (if moveable) and personal items.

At the end of  the agreement, the resident should arrange for their bond to be refunded.

There are a few options available to help resolve a dispute between a park operator and a resident.

• Discuss the problem

  The park operator should discuss the problem with the resident to try to resolve the dispute. If an agreement can't be reached, contact Consumer and Business Services (CBS) for advice.

• Contact CBS

  Consumer and Business Services can provide free and independent advice, support and mediation to help parties reach a mutually acceptable solution to the dispute.

• Apply to SACAT. They:
  • are an independent specialist tribunal that provides a prompt and informal way of determining disputes between park operator and residents.
  • may send the matter to mediation, where a mediator will help explore options to reach an agreement. A mediator has the power to make legally binding orders.
  • may also refer the matter to a hearing where they can issue a binding order.