Residential parks

Subletting and assigning a residential park agreement

Subletting

You can sublet a dwelling in a residential park to another person provided all these conditions are met:

  • it is permitted under the park rules and your residential park agreement
  • the park operator has given their written consent
  • you have entered into an agreement with the park operator for the sub-tenancy to be managed by them.

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

Before you decide to sublet you can seek advice from Consumer and Business Services (CBS) and the residential park operator.

Assigning

Assigning is the transfer of the residential park agreement from your name to another person, known as the assignee. If the park operator gives written consent to the assignment, your interests and responsibilities in the residential agreement will be transferred to the assignee.

This is most commonly used when a resident is selling their dwelling and has rented a site in a residential park. It is used to sign over interest in the site's residential park agreement to the purchaser.

You must get written consent from the park operator before you assign a residential park agreement. If you do not, you will remain responsible for the agreement and may be liable for any unpaid rent or property damage, even if it was caused by another person. Assigning an agreement without the park operator's written consent may lead to eviction.

The park operator can not unreasonably withhold their consent to assign an agreement. The park operator is considered to have consented to the assignment if the resident has given a written notice requesting to assign an agreement and the park operator hasn't responded within seven days. For an alternative version of this document contact CBS tenancies branch.

Before assigning a residential park agreement to someone else you should seek advice from CBS.


Related information

On this site

Lease agreements explained


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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/subletting-and-assigning-a-residential-park-agreement
Last Updated:
12/05/17
Printed on:
24/11/17
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