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The amount of notice required will differ depending on why the residential park tenancy is ending earlier than the date in the agreement,
Unpaid rent
The resident must be at least 7 days' in arrears before the operator can issue a written notice to remedy the breach.
The amount of notice is:
- 28 days for a site agreement
- 14 days for a tenancy agreement.
Remedy breach of agreement by tenant - notice
If the resident doesn't think they breached the agreement or have already fixed the problem, they can contact Consumer and Business Services (CBS).
Breach by park operator
The resident can give the park operator 14 days written notice to fix the problem if there is a breach. For example, for failing to repair the property or common areas.
Remedy breach of agreement by operator - notice
The resident can give the park operator written notice to end the agreement if:
- the park operator has breached the same agreement condition twice before
- notice to remedy the breach was given on both occasions.
This gives 14 days' written notice that the resident will be ending the agreement and moving out.
The resident must move out on the date in the notice if the problem is not fixed. Residents should consider this carefully before giving the notice to a park operator.
Abandoned property
The residential park agreement will end if the resident has abandoned the property.
Belongs and personal items left behind
Death of a resident
The person looking after the affairs of a resident who has died (their estate) could decide to sell the dwelling.
Site agreement
The estate must inform the park operator of the intention to sell and give them first option to purchase at market value. The estate doesn't have to accept any offer to purchase. The dwelling can be sold to another person if an agreement to purchase isn't reached within 28 days of the notice to sell.
Tenancy agreement
If a dependant person is living in the property, they can choose to:
- stay at the park under the existing agreement
- seek written approval from the operator to transfer the agreement to another person
- terminate the agreement.
Uninhabitable condition
Written notice to end an agreement immediately can be given to the resident if the property has been destroyed and is uninhabitable,
Properties subject to housing improvement notices must have a specific reason for the park operator to end the agreement - eg rent arrears. The park operator must apply to SACAT to authorise ending it.
However, fixed-term agreements end on a date in the agreement.
Sale of the park
Previous and new owners each have steps they need to follow when the park has been sold.
Site agreement
- The new owner must take on the obligations of the previous owner for existing site agreements.
- For a periodic agreement, the existing owner can give a resident 60 days’ notice to end 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 end after that if the resident has lived in the park for less than 5 years.
Tenancy agreement
- The new owner can choose to keep an existing agreement with a resident.
- For a periodic agreement - the resident must be given 28 days’ notice to end an agreement if the park operator sells the rental property and needs to give vacant possession to the new owner. More notice is needed if the rental period is longer - eg rent paid monthly requires one month’s notice.
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. This includes for redevelopment that can't be completed safely and efficiently with the resident living at their site.
If a resident has a periodic agreement and has lived in the park for less than 5 years, 90 days’ notice is required. Otherwise, they must be given at least 365 days’ notice - both parties must agree for less notice. SACAT can also make an order for a different amount of time.
An agreement can only end if the operator offers to do at least one of the following:
- give the resident another site agreement in the same park or another owned by the operator, and cover relocation costs
- purchase their dwelling
- cover the cost to relocate their dwelling to another location.
If the resident and park owner can't reach an agreement, either can apply to SACAT for an order.
The resident can choose to end the agreement sooner by giving 28 days’ notice if the park operator gives a termination notice, No reason needs to be given.
Request a decision from SACAT
SACAT resolves issues within specific areas of rental law. They could hold conferences, conciliations or mediations and formal hearings.
Contact CBS Tenancies
Email: CBStenancyadvice@sa.gov.au
Phone: 131 882
Post:
GPO Box 965
Adelaide SA 5001
