Residential park agreements are legal contracts, which set out the rights and responsibilities of the resident and the park operator. The types of homes in a park can range from a constructed home such as a cabin or a transportable home through to a moveable dwelling such as a caravan.
By law, the site must be a resident's principle place of residence - for 60 days or longer.
On this page
Rent a site or site and dwelling
Whether a person only rents a site in the park or they rent a site and dwelling, they will need to make an agreement with the residential park owner.
When someone rents:
- a site only they will need to enter into a residential park site agreement.
- a site and dwelling they will need to enter into a tenancy agreement.
Park operators don't need to offer the same type of agreement to all residents. The length of the agreement will depend on the type of agreement offered.
The resident can't be charged for the cost of preparing the agreement.
Periodic agreements
Periodic agreements continue until either the resident or park operator gives written notice to end it. These agreements don't have an official end date.
Periodic agreements that commenced before 12 August 2019 must include the date when the resident was first granted the right to occupy the site.
Fixed term agreements
Fixed term agreements are for a specific term - eg for 12 months - and include the date the agreement ends. The end date for the tenancy can't be changed without negotiation and agreement by the resident and the park owner, unless through an order of the South Australian Civil and Administrative Tribunal (SACAT).
Short fixed term agreements are for a period of 90 days or less and the same rules apply.
The park operator organises all the necessary documents, including the legal agreement, and pays any costs associated with this.
Residential park agreements must:
- be in writing
- clearly identify the site
- be signed by all parties
- have all details of the park operator and the contact details and full name of the park operator or company
- have the full name and place of occupation of the resident.
Fixed term site only agreement (647.0 KB PDF)
Before signing an agreement
Before a resident signs an agreement, or a site agreement is reviewed,, the operator needs to give the resident certain documents.
Site agreements
For a site only, the operator must provide these documents at least 14 days before an agreement is signed:
- rights and responsibilities information sheet (830KB PDF)
- disclosure statement (568KB PDF)
- site condition report (240KB PDF)
- park rules
- details of the park operator and who to contact if emergency repairs are required
- information about
- fees in addition to rent
- any embedded network to supply residents' electricity
- payments (other than a bond refund) the resident may receive when they leave the site
- selling or relocating a dwelling on the site.
- the agreement is for a short term (90 days or less)
- the resident signs a waiver confirming it's their own choice to sign up sooner.
An agreement can be signed sooner than 14 days if both of these apply:
Site agreements must include a date that the agreement will be reviewed with the resident.
Tenancy agreement
For a dwelling and site agreement, the operator must provide these documents before an agreement is signed:
- a copy of the rights and responsibilities information sheet (830KB PDF)
- a copy of the park rules
- a written notice of any fees a resident might need to pay in addition to rent
- information about whether a resident will be entitled to any payments - other than a bond - when they leave the site, and how the amount will be determined
- details of who to contact if emergency repairs are needed.
Children in the park
A park operator can't refuse a potential resident on the basis of living with a child unless:
- it's a park rule that residents must be over 50 years of age
- the operator lives in a dwelling adjacent to the site the child would be living in.
Refusing a resident with a child for any other reasons can be considered discrimination and carries a fine.
After an agreement is signed
The resident must be given:
- A copy of the agreement, including:
- a copy of the park rules
- the date the agreement will be reviewed.
- Instructions for using any appliance or device that's part of the rented or common areas.
Check the 'Acknowledgement by resident section' of the agreement forms to make sure all the necessary documents have been given.
Rent can't be increased during a fixed term agreement unless an increase is included as a condition of the contract.
New park operators
The new owner of a park must give residents written notice of the change of owner (310KB PDF) within 14 days. The new owner can be fined if this isn't provided.
Subletting and assigning a lease
When someone sublets or transfers a lease to another person, everyone named on the lease has legal rights and obligations.
Sub-letting
Operators can choose whether residents can sub-let a site, but if operators don't allow subletting, they should include the decision in the park rules.
A resident will need to enter into a sub-tenancy agreement with the operator and this should be in writing.
A resident will be breaching their agreement if they sub-let without the park operator's permission.
Assigning an agreement
Assigning an agreement means to transfer it to another person.
Residents must have written approval from the park operator to assign their lease. The operator can't refuse unless there's a good reason.
The operator can charge a small amount to cover their administrative costs for transferring an agreement.
Site agreements
At least 14 days before a resident’s agreement is assigned to another person, the resident must advise that person to contact the park operator to request the required documents.
The operator must provide the required documents and information within 7 days of receiving the request.
Breaches of agreement
If the operator breaches the agreement, the resident can give them a Notice to operator to remedy breach of agreement (340KB PDF).
If a resident breaches the agreement, the operator can give them a Notice to resident to remedy breach of agreement (403KB PDF). The breach notice will state how much time the resident has to rectify the problem. If the problem isn't fixed by the deadline, the resident will need to move out of the park by the date on the notice. If the resident doesn't move out, the operator can apply to SACAT for an ‘order of possession’
Moving out early
The resident might have to pay for costs involved in finding a new resident and the loss of rent.
Contact CBS Tenancies
Email: CBStenancyadvice@sa.gov.au
Phone: 131 882
Post:
GPO Box 965
Adelaide SA 5001
