Residential parks

Renting a site and dwelling in a residential park

Residential parks include both mixed-use caravan parks and dedicated residential parks. This page is about renting both a site and dwelling from the park operator, as your principal place of residence.

When you rent a site and dwelling you are called a resident, and the landlord is the park operator.

You will need to enter into an agreement with the park operator to live in a residential park. When you rent both a site and dwelling (not just a site), you will have a residential park tenancy agreement.

Your agreement may be for a fixed term or a periodic tenancy.

The Guide for residents – who rent both a site and a dwelling (3.0 MB PDF) provides more information about resident's rights and responsibilities.

Before an agreement is made

When you sign an agreement to live in a residential park the resident must be given:

  • the park rules
  • information outlining your rights and responsibilities
  • details of the park operator and who to contact if emergency repairs are required
  • information about fees in addition to rent
  • information about payments (other than your bond refund) you may receive when you leave the site.

Fixed term agreements

Fixed term agreements are for a specific term, for example 12 months, and include the date the agreement ends. The date can only be changed if the park operator and resident agree.

After an agreement is made

The resident must be given:

  • a copy of the agreement, including a copy of the park rules.
  • instructions for using any appliance or device as part of the rented or common areas.

Rent can't be increased during a fixed term agreement unless a condition is included in the agreement allowing for an increase.

Moving out before the end of the agreement

If the resident moves out before the end of the agreement, they may need to pay for the costs involved in finding a new resident and loss of rent.

Ending a residential park agreement

Periodic agreements

Periodic agreements don't have an end date. They continue until either the resident or park operator gives written notice to end the agreement.

After an agreement is made

The resident must be given:

  • a copy of the agreement, including a copy of the park rules.
  • instructions for using any appliance or device as part of the rented or common areas.

Breaching an agreement

The park operator may give a resident a termination notice if they breach their agreement. The notice will give a deadline for when the resident must have the problem fixed, otherwise, their agreement will end.

The resident will need to move out of the park by the date stated on the notice. Otherwise, the park operator can apply to the South Australian Civil and Administrative Tribunal (SACAT) for an order of possession.

Park rules

It's a condition of a residential park agreement that you obey all of the park rules.

Park rules can cover things such as:

  • the use of common areas like the laundry
  • parking
  • rubbish disposal
  • pets
  • sub-letting
  • sporting and other recreational activities.

Changing the rules

Before changing the park rules, the operator must consult with the park’s residents committee (if there is one) and consider their views. Park rules can be changed after the park operator gives 14 days’ written notice to all residents.

If you think a rule is unreasonable, you can apply to SACAT to have the rule changed or removed. A majority of site residents living in the park must make a joint application.

Right of entry

The park operator can only enter your site:

  • in an emergency, for example, to do urgent repairs or avert danger to life or valuable property
  • to collect the rent - at a time agreed with the resident, but not more than once every week
  • to read the meter if you are required to pay for certain charges such as water
  • to inspect the rented property - at a time arranged with the resident, and not more than once every 3 months
  • to do repairs or maintenance at a reasonable time, giving at least 48 hours’ written notice
  • to show the rented property to prospective residents - at a reasonable time and on a reasonable number of occasions, but only during the last 14 days of an agreement, and after giving reasonable notice
  • for another purpose after the park operator has given written notice stating the purpose and specifying the date and time of the visit. They must give 7 to 14 days’ notice to the resident before entering a rented property
  • at any time with the resident's consent
  • if they believe the rented property has been abandoned.

Repairs and maintenance

If damage occurs to your rented property or common areas, let the park operator know as soon as possible.

If you cause or allow damage to occur, it is your responsibility to repair it.

If repairs are needed due to normal wear and tear or circumstances beyond your control such as a severe storm, it is the park operator’s responsibility.

If you have been unable to contact the park operator, or if nothing has been done after letting the park operator know there is a problem, then you can do either of these:

  • have emergency repairs carried out by a licensed tradesperson - you must get a written report from the tradesperson who does the work.
  • apply to SACAT for the repairs to be carried out.

Residents committee

A residents committee represents the common interest of park residents.

Larger parks are more likely to have a committee, however, they are recommended for all parks.

The park operator must consult the residents committee and consider its views when changing park rules and reviewing the safety evacuation plan. The park operator must allow the use of a room for committee meetings.

The committee can advise and consult with the park operator about:

  • changes to park rules
  • guidelines for residents behaviour
  • the natural environment and amenities of the park
  • safety matters such as lighting and fencing within the park.

After a matter has been considered by the committee, it can be brought to the park operator’s attention. The operator must consider the matter and provide a written response to the committee within one month, or a longer period if agreed by the committee.

Committee members

Committee members must be elected by residents from at least five different sites in the park. Any resident can be a committee member unless they are employed by the park operator to help manage the park.

Committee confusion

If more than one group claims to be the park’s residents committee, either the park operator or a park resident can apply to SACAT so it is clear which group is the official residents committee.

Tips to help things run smoothly.

Have a set of written rules (196.0 KB PDF).

Decide who can attend committee meetings – generally, only committee members should attend, unless guest speakers, friends or family members are invited by the committee to attend.

Appoint residents to be the chairperson and secretary to ensure that accurate records are kept and that meetings are run well.

Safety evacuation plan

There must be a safety evacuation plan for the park. The plan must be reviewed at least once a year. The park operator must make the plan available to view it or give the resident a copy.

Contact CBS Tenancies

Email: ocbatenancyadvice@sa.gov.au

Phone: 131 882

In person:
91 Grenfell Street
Adelaide

Post:
GPO Box 965
Adelaide SA 5001


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Page last updated 12 August 2019

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/housing/renting-and-letting/residential-park-tenancies/renting-a-site-and-dwelling-in-a-residential-park
Last Updated:
12/08/19
Printed on:
22/09/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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