Residential parks

Ending a residential park agreement

When and how you can end a residential park agreement depends on the type of agreement you signed when you first moved in.

Fixed term

A fixed term agreement can't end before the date specified unless the agreement has been breached.

If you want to leave before the end date of a fixed agreement you should try to negotiate this with the park operator first. Otherwise you may be liable for costs associated with loss of rent, advertising and reletting the property.

To end a fixed term agreement you must give the park operator 28 days' written notice to end the agreement (32.2 KB PDF).

If you or the park owner does not give notice to the other party, the agreement continues as a periodic agreement.

Long term residents who rent only a site

From mid 2019, there will be new protections for long term residents. This will mean that if the agreement is for more than five years, or you have lived in the park for five years or more, and you would like to stay at the park:
  • the agreement must be reviewed before it is due to expire
  • the agreement must be reissued either with the same terms and conditions or with new conditions as agreed by both parties
  • if either party wishes to change the terms of the agreement, 90 days’ notice must be given to the other party. If both parties cannot agree on the new terms, then either the park owner or the resident can apply to the South Australian Civil and Administrative Tribunal (SACAT) for a ruling.

Periodic agreement

If you rent a site and a dwelling you can give the park operator written notice to end the agreement. You must give at least 21 days notice, unless your rent period is longer ie if you pay rent monthly you must give a month's notice.

If you rent a site only you can give the park operator either at least 28 days notice, unless your rent period is longer.

When the park owner wants you to move out

The owner can ask you to leave the park by giving you notice, if you:

  • rent both a site and dwelling
  • rent only a site, and the agreement is for less than five years or you have lived in the park for less than five years.

The park owner must give at least 90 days written notice of termination (136.6 KB PDF) for no specific reason, or can give 60 days’ written notice if:

  • the property owner wants to live in the property
  • major renovations are needed
  • demolition is planned
  • the property has been sold and the contract states that the property will be vacant.

After a 60 day notice is given the park owner cannot enter into another tenancy arrangement for 6 months unless the South Australian Civil and Administrative Tribunal (SACAT) gives consent.

Long term residents who rent only a site

From mid 2019, there will be new protections for long term residents. This will mean that if you have lived in the park for five years or more and you would like to stay at the park:

  • the agreement must be reviewed
  • the agreement must be reissued either with the same terms and conditions or with new conditions as agreed by both parties
  • if either party wishes to change the terms of the agreement, 90 days’ notice must be given to the other party. If both parties cannot agree on the new terms, then either the park owner or the resident can apply to the South Australian Civil and Administrative Tribunal (SACAT) for a ruling.

Park operator breaching the residential park agreement

If you are having problems with a park operator breaching the conditions of the residential park agreement - eg not repairing the rented property or common areas of the park, you can give the park operator 14 days written notice to remedy breach of agreement (173.7 KB PDF). This form gives the park operator 14 days to remedy the breach. If the breach isn't corrected you must vacate the park the day after this notice expires.

If the park operator has breached the same agreement condition at least twice before, and you have issued a notice to remedy the breach of the agreement on both occasions, you can give them written notice of termination (136.6 KB PDF) for successive breaches on the third occasion. This form gives the park operator 14 days written notice that you will be ending the agreement and moving out.

If the park operator doesn't remedy the breach of the agreement will end and you must move out on the date you have specified. It is recommended that this is taken into consideration before giving this notice to a park operator.

Frustrated agreement

An agreement is frustrated if a site or dwelling:

  • becomes uninhabitable
  • is no longer able to be lawfully used for residential purposes
  • has been acquired under compulsory processes.

You can give the park operator written notice of frustrated agreement (196.6 KB PDF) and nominate a date on which you will be moving out, which could be immediately.

It is recommended that you discuss a frustrated agreement with Consumer and Business Services (CBS) before issuing this notice, as you may have to compensate the park operator if the agreement is not genuinely frustrated.

Selling your dwelling

If you decide to sell a dwelling you own you will need to talk to the park operator about the possibility of transferring your site agreement into the purchaser's name. This is referred to as assigning an agreement.

For an alternative version of a document on this page contact CBS.

Contact CBS Tenancies

Email: tenancy.advice@agd.sa.gov.au

Phone: 131 882

In person:
91 Grenfell Street
Adelaide

Post:
GPO Box 1719
Adelaide SA 5001


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Page last updated 25 February 2019

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/housing/renting-and-letting/residential-park-tenancies/ending-a-residential-park-agreement
Last Updated:
25/02/19
Printed on:
26/05/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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