Residential parks

Renting a site or dwelling in a residential park

Residential parks include mobile home parks, residential villages and caravan parks. A site or a site with a dwelling, can be rented as a person’s regular home. Dwellings can be fixed or mobile, including:

  • motor homes
  • transportable homes
  • cabins

Tenants are called residents, and the landlord is the park operator.

Living in a residential park means having some of the same rights and responsibilities as living in other private rental properties. The guide for residents (376.9 KB PDF) provides more information about these rights and responsibilities.

Park rules

All residents need to follow park rules which are set by the park operator. Residents should receive a copy of these rules when they move in.

Park rules can cover:

  • the use of common areas – eg laundry, bathroom facilities
  • parking
  • rubbish disposal
  • pets
  • subletting
  • age limit of residents – above 50 years old
  • recreational activities.

Residents need to have 14 days’ written notice of changes to park rules.

South Australian Civil and Administrative Tribunal (SACAT) can change unreasonable park rules. This type of request to SACAT must start with a group application by the majority of residents.

Residents committee

A residents committee can be set up to look after the residents interests. Members must be residents and include at least five people who rent different sites as their normal home. Park operators must discuss changes to the park rules with the committee.

Residents who work at the park cannot be members of the committee.

If possible, a room needs to be allocated by the park operator for committee meetings.

Subletting a site in a residential park

Residents can sublet if:

  • it is permitted under the park rules and the lease agreement
  • the park operator has given written consent
  • they have an agreement with the park operator to manage the sub-tenancy.

The park operator can make a park rule that subletting is not permitted.

Assigning a lease agreement

Normally, the park operator starts a new lease agreement when someone buys a dwelling with an existing lease. Another option is to ‘assign the lease’ – the resident arranges for the purchaser to take over the existing lease. Written permission from the park operator is needed – Written notice requesting to assign an agreement (27.1 KB PDF)

A park operator must give a good reason if they don’t allow a resident to assign a lease. Residents can apply to SACAT to get permission if they feel a park operator is refusing without a good reason.

When the dwelling can’t be lived in

A frustrated agreement occurs when a dwelling can’t be lived in due to something outside of the resident’s or park operator’s control. Some reasons for a frustrated agreement could include:

  • the property has been destroyed by fire
  • the council has re-zoned the area
  • the land is being claimed by government to build a highway.

Residents or park operators can give written notice and include the date they will move out by completing the relevant form below:

Charges for utilities and services

Individually metered sites

Residents are usually charged separately for utilities such as gas, water and electricity. The items need to be listed in the lease agreement. Residents can ask the park operator to provide details of the charges, including:

  • time periods of the bill
  • usage amounts
  • list showing the amounts charged.

If this information isn’t provided when the resident asks for it, they don't have to pay the charges.

Sites on a shared meter

Charges can be included in the rent and cannot be billed separately with the exception of bottled gas supplied by the park operator.

Fees for overnight visitors

Overnight visitors may be charged a fee. The amount needs to be included on the lease agreement or in the park rules.


Related information

Downloads

Rights and responsibilities information sheet (536.6 KB PDF)

For an alternative version of this document contact CBS tenancies.


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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/renting-a-site-or-dwelling-in-a-residential-park
Last Updated:
12/05/17
Printed on:
25/11/17
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016