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Resolving a dispute with a residential park operator
If you are having problems with the park operator it is a good idea to have a one-on-one discussion with them in a calm and courteous manner.
If an agreement can't be reached, independent advice and information is available from Consumer and Business Services (CBS). CBS can provide free impartial advice on how to manage a dispute and recommend other options for resolution.
Raise the matter with the residents committee
Other residents may have similar concerns. If the committee raises an issue with the park operator, 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.
If the dispute cannot be resolved either party may apply to South Australian Civil and Administrative Tribunal (SACAT) for a determination.
Park operators breaching the residential park agreement
If the park operator breaches the conditions of the residential park agreement there are steps the resident can take to stop the operator's behaviour or to end their agreement and allow them to move out.
Park operators are breaching the residential park agreement if they:
- interfere with a resident's peace, comfort or privacy - for example not giving appropriate notice before entering the rented property, including gardens, yards or sheds included in the residential park agreement
- don't maintain the rented property to a reasonable standard
- don't make repairs required when notified
- try to change, add or remove conditions to the residential park agreement without the resident's consent.
If you are having problems with a park operator breaching the conditions of the residential park agreement for instance not repairing the rented property or common areas of the park, the resident can give the park operator written notice to remedy breach of agreement . This form gives the park operator at least 14 days to remedy the breach. If the breach isn't remedied the form gives the park operator notice that the resident will leave the property before the end of the next day.
This is a legal notice to the park operator that states if they don't remedy the breach the agreement will legally end and the resident will move out.
If you do give this notice to the park operator and they don't remedy the breach specified in the form, you must move out on the date you have stated in the form. Take this into consideration before you give this notice to the park operator.
If the park operator has breached the same agreement condition at least twice before, and has been issued a notice to remedy the breach of the agreement on both occasions, you can give them written notice of termination for successive breaches on the third occasion. This form gives the park operator a minimum of 14 days written notice that you will be ending the agreement and moving out.
Park operators refusing to carry out repairs
If you have verbally notified your park operator of required repairs and they refuse or fail to complete them the resident can put the request in writing. Give the park operator a letter that includes:
- details of the repairs needed
- a date these repairs are to be completed by
- the action you will take if they aren't completed in time - for example you will arrange for a contractor to carry out the repairs and the bill will be sent to the park operator.
If the park operator continues to refuse to carry out the repairs you can make an application to SACAT. They can issue a legal order to the park operator that the repairs are carried out.
Problems with bond and rent
A park operator may claim all or part of the bond at the end of a rental agreement.
You can dispute a claim on your bond if you believe that it is unfair or incorrect.
If you believe a rent increase is excessive you can apply to SACAT within 30 days of receiving notice of the increase. They can make a legal order determining the amount of rent and the length of time it must remain at this amount if they believe that the increase is excessive.
Rent can be reduced at any time with the consent of your park operator. This can be on a temporary basis, make sure you're aware of the date your rent will revert to the original amount.