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Principal place of residence

What agreements are covered by the Act?

The Residential Parks Act 2007 (SA) only applies if the park is your principal place of residence (for example, if it is your address on the electoral roll) [see ss 5(1), 5(2)].

The Residential Parks Act 2007 (SA) (the Act) applies to all residential park agreements where the park is your principal place of residence, including agreements (written or verbal) entered into before the Act began. Any rights and responsibilities in agreements entered into before the Act commenced, or any park rules, must now comply with the Act. Any rights and responsibilities or park rules that do not comply with the Act can no longer be enforced [see Residential Parks Act 2007 Schedule 1].

However, verbal agreements entered into before the Act commenced do not have to be put into writing, and written agreements entered into before the Act commenced do not have to comply with the new requirements for written agreements [see Residential Parks Act 2007 (SA) s 10 and Schedule 1].

What agreements are not covered by the Act?

Holidays

The Residential Parks Act 2007 (SA) does not apply to people who rent dwellings or sites for a holiday. Generally, if there is an arrangement that you stay 60 days or more at a park, it is presumed NOT to be a holiday and to be your principal place of residence. If you are in fact on holiday but want to stay 60 days or more, this can be stated in the agreement to make it clear the Act does not apply [see Residential Parks Act 2007 (SA) ss 5(3) and (4)].

A park owner cannot avoid their responsibilities by stating that the accommodation is for a holiday if the park is your principal place of residence. Similarly, the park owner cannot avoid their responsibilities by making a series of separate agreements for less than 60 days (implying you are on holidays), if the park is in fact your principal place of residence [see Residential Parks 2007 ss 5(4), 5(5), 5(6)].

Other agreements

The Act does not apply to a(n):

  • hotel or motel
  • educational institution, college, hospital or nursing home
  • club premises
  • home for aged or disabled persons
  • retirement village
  • supported residential facility

The Act also does not apply to boarders and lodgers, agreements for sale of land and/or dwelling which includes the right for one of the parties to occupy the land and/or dwelling; nor to a mortgage agreement [see Residential Parks Act 2007 (SA) s 5(7)].

Principal place of residence  :  Last Revised: Thu Jun 5th 2014
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