Periodic or fixed term agreements?

Agreements can be periodic or for a fixed term.

A fixed term agreement is for a defined period and has a set starting date and a set ending date. However, the agreement does not automatically end on the set date.

If neither the park operator nor the resident have ended the agreement in accordance with the Residential Parks Act 2007 (SA) Residential Parks Act 2007 (SA) (see Terminating an Agreement) then the agreement continues as a periodic tenancy [see s 53]. A standard agreement has been produced by the Tenancies Branch of Consumer and Business Services.

A periodic agreement is for a recurring period without a fixed term (it has a starting date but no specified end date). A periodic tenancy can continue indefinitely. It goes on recurring automatically until something is done by the parties to end it.

The length of the 'period' of a periodic tenancy is the length of time between rental payments under the agreement. For example, if rent is payable fortnightly, the 'period' of the tenancy is a fortnight; and if rent is payable every calendar month, the 'period' is a calendar month. The length of the period is important when ending the agreement (see Terminating an Agreement). A standard agreement has been produced by the Tenancies Branch of Consumer and Business Services.

A fixed term agreement for 90 days or less (called a 'short fixed term agreement') is assumed to be periodic. That is, the rules for ending the agreement are those applying to periodic tenancies, not fixed term agreements. In this case, the 'period' of the tenancy is the length of the fixed term. For example, if the agreement allows you to rent for 60 days, then the recurring 'period' of the tenancy is 60 days.

There are two exceptions to the rule that short fixed term agreements are treated as if they are periodic. The agreement will not be treated as periodic if the resident genuinely wants an agreement ending at the end of the short fixed term and the term was fixed at the resident's request. The other situation is where the park operator gives the resident a proper notice (Form H) containing a warning that the resident cannot expect the agreement to continue after the set date and the resident signs the notice [see Residential Parks Act 2007 (SA) s 4].

Periodic or fixed term agreements?  :  Last Revised: Fri Dec 23rd 2016
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