Operators starting residential park agreements
Residential park agreements are leases that set out the rights and responsibilities of the resident and the park operator.
A 'site' or a 'site and dwelling' can be rented as a principal place of residence. This can include motor homes, caravans and cabins and can be either mobile or fixed. Tents are not considered dwellings.
All park rules and residential agreements must comply the Residential Parks Act 2007 if this is the resident's principal place of residence.
Types of agreement
These types of agreements can continue indefinitely.
These can be for any specific length of time - eg 12 months. The end date for the tenancy can't be changed by either the resident or the park operator without negotiation and agreement by both parties unless it is done through an order of the South Australian Civil and Administrative Tribunal. Short fixed term agreements are for a period of 90 days or less and the same rules for a fixed term agreement apply.
As park operator you are responsible for organising all necessary documentation, including the residential park agreement, and paying any costs associated with this.
Residential park agreements must:
- be in writing
- clearly identify the site
- be signed by all parties
- have all your details as park operator and the contact details and full name of the park owner or company
- have the full name and place of occupation of the resident.
How to start an agreement
At the start of a residential park agreement you will need to give the resident:
- a copy of the residential park agreement
- a copy of the rights and responsibilities information sheet . For an alternative version of this document contact the Consumer and Business Services (tenancies branch).
- a copy of any park rules
- copies of any instructions for appliances included in the agreement - eg washing machines in a communal laundry
- written notice of any fees associated with utilities a resident will need to pay for - eg electricity
- if a site only is rented, written notice stating the resident's rights to sell or relocate a dwelling on the site.
You can't refuse a potential resident on the condition that a child will be living there unless:
- it is a park rule that residents must be over 50 years of age
- you live 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 to be discrimination and carry a fine.
New park owner
If ownership of the residential park changes the new owner must give residents written notice of the change of owner within 14 days. If this is not provided the new owner may be fined. For an alternative version of this document contact the Consumer and Business Services (tenancies branch).
On this site
- Periodic site and dwelling agreement
- Periodic site only agreement
- Fixed term site and dwelling agreement
- Fixed term site only agreement
- Short fixed term agreement
For an alternative version of these documents contact Consumer and Business Services (tenancies branch).