Residential parks

Ending a residential park agreement

When and how you can end a residential park agreement depends on the type of agreement you signed when you first moved in.

Fixed term

A fixed term agreement can't end before the date specified unless you and your park operator agree to it or the conditions of the agreement have been breached.

If you want to leave before the end date of a fixed agreement you should try to negotiate this with the park operator first. If you can't negotiate this you may be liable for costs associated with loss of rent, advertising and reletting the property.

To end a fixed term agreement you must give the park operator 28 days' written notice to end the agreement (32.2 KB PDF).

Periodic agreement

To end a periodic agreement for a site and a dwelling you can give the park operator either at least 21 days or the equivalent of one rental period of your tenancy (whichever is longer) written notice to end the agreement.

To end a periodic agreement for a site only you can give the park operator either at least 28 days or the equivalent of one rental period of your tenancy (whichever is longer) written notice to end the agreement.

Park operator breaching the residential park agreement

If you are having problems with a park operator breaching the conditions of the residential park agreement - eg not repairing the rented property or common areas of the park, you can give the park operator 14 days written notice to remedy breach of agreement (173.7 KB PDF). This form gives the park operator 14 days to remedy the breach. If the breach isn't corrected you must vacate the park the day after this notice expires.

If the park operator has breached the same agreement condition at least twice before, and you have issued a notice to remedy the breach of the agreement on both occasions, you can give them written notice of termination (136.6 KB PDF) for successive breaches on the third occasion. This form gives the park operator 14 days written notice that you will be ending the agreement and moving out.

If the park operator doesn't remedy the breach of the agreement will end and you must move out on the date you have specified. It is recommended that this is taken into consideration before giving this notice to a park operator.

Frustrated agreement

An agreement is frustrated if a site or dwelling:

  • becomes uninhabitable
  • is no longer able to be lawfully used for residential purposes
  • has been acquired under compulsory processes.

You can give the park operator written notice of frustrated agreement (196.6 KB PDF) and nominate a date on which you will be moving out, which could be immediately.

It is recommended that you discuss a frustrated agreement with Consumer and Business Services (CBS) before issuing this notice, as you may have to compensate the park operator if the agreement is not genuinely frustrated.

Selling your dwelling

If you decide to sell a dwelling you own you will need to talk to the park operator about the possibility of transferring your site agreement into the purchaser's name. This is referred to as assigning an agreement.

For an alternative version of a document on this page contact CBS.


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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/ending-a-residential-park-agreement
Last Updated:
12/05/17
Printed on:
25/11/17
Copyright statement:
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