Rent can only be increased if written notice has been given. Increases in rent can be excluded or limited by the residential park agreement, if the agreement is for a fixed term rent can not be increased during the term unless specifically agreed.
The park owner can increase the rent:
- where the terms of the agreement allow it (eg: for fixed term agreements, provision for rent increases must be written into the agreement);
- if the increase is twelve months since the agreement started or twelve months from the last rent increase;
- the resident must be given 60 days' written notice of the date from which the rent will be increased;
- If specific rent increases are set out in an agreement and the date on which the increases will occur are clearly defined, 60 days’ written notice is not required;
- within 60 days after a housing improvement notice has been revoked with at least 14 days notice.
See Residential Parks Act 2007 (SA) s 21.
Rent can be reduced by agreement and can occur on a temporary basis.
Residents can apply to the South Australian Civil and Administrative Tribunal (SACAT) within 30 days of receiving notice of a rent increase for a determination that the proposed rent increase is excessive. The Tribunal can fix the amount of rent payable for that property and the length of time the rent will stay at that amount [see Residential Parks Act 2007 (SA) s 22].
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