Terminating an Agreement

A residential park agreement can be terminated if:

  • either the resident or park owner giving the appropriate notice to the South Australian Civil and Administrative Tribunal (SACAT)
  • a person with superior title to the park owner takes possession of the rented property through a South Australian Civil and Administrative Tribunal or court order
  • a mortgagee takes possession of the rented property
  • the resident abandons the rented property
  • the resident dies without dependants in occupation of the rented property
  • resident gives up possession of the rented property with the park owners consent
  • the interest of the resident merges with another estate or interest in the land

See Residential Parks Act 2007 (SA) s 52.

If the rented property is subject to a housing improvement notice then the park owner can only terminate on a specified ground and only if authorized by SACAT.

Termination for Breach of agreement

Either the park owner or the resident can give written notice (using Form B or Form B1 respectively) to the other for termination due to a breach of the residential park agreement. The breach must be remedied within the specified time on the notice, or the agreement is terminated.

If the breach is in relation to unpaid rent, the notice is ineffectual unless the rent was in arrears for at least 7 days prior to the notice being issued.

If the breach is in dispute, the resident or park owner may apply to the South Australian Civil and Administrative Tribunal (SACAT) for an order declaring that they are not in breach or have remedied the breach and that the agreement can not be terminated or, alternatively, reinstating the agreement. SACAT can also reinstate the agreement, despite a valid termination for a breach, on the basis of it being just and equitable [see Residential Parks Act 2007 (SA) ss 56, 63, 68 and 74].

If the tenant does not give up possession of the property after the specified time period and the termination is valid the park owner can apply to SACAT for an order of possession. This order can only be enforced by a baliff of SACAT [see Residential Parks Act 2007 (SA) ss 83 and 87].

Both the park owner and the resident can terminate if the other party has breached a term of the agreement and has already breached the same term, at least twice before [see Residential Parks Act 2007 (SA) ss 57, 64, 69 and 75].

Termination for serious misconduct by resident

A park owner can terminate the residential park agreement immediately because of serious misconduct by the resident or their visitor (using Form B). Serious misconduct includes intentionally or recklessly causing or permitting, or likely to cause or permit personal injury, serious damage to property in the residential park, or serious interference with reasonable peace, comfort or privacy of another resident or person residing in the immediate vicinity [see Residential Parks Act 2007 (SA) s 70].

Termination for Serious Acts of Violence

If a resident is reasonably suspected of committing a serious act of violence or the safety of any person in the park is in danger and the park owner has served an exclusion notice (Form E) on them excluding them from the park. Then the park owner can make an urgent application to the South Australian Civil and Administrative Tribunal (SACAT) to terminate the residential park agreement. This application must be made during the exclusion period [see Residential Parks Act 2007 (SA) s 97].

Other grounds for termination

After giving the appropriate notice (using Form C), termination of a periodic tenancy agreement for a residential park tenancy agreement can also occur due:

  • sale of the dwelling or rented property;
  • for no specified reason, provided the appropriate notice has been given;
  • when the agreement has been frustrated (this happens when the property is uninhabitable, partially or wholly destroyed, can not lawfully be used as a residence or has been compulsorily acquired). The appropriate notice (Form D) must be used.

[See Residential Parks Act 2007 (SA) ss 59-62, 65 - 67, 71-73, 76-78].

Termination by application to the South Australian Civil and Administrative Tribunal (SACAT)

If a breach has occurred that justifies the termination of the agreement both the park owner and the resident can apply to the South Australian Civil and Administrative Tribunal (SACAT) to terminate the agreement and make an order for repossession of the rented property.

Termination can also be justified by SACAT if the continuation would cause undue hardship to either the park owner or the resident. SACAT can make an order compensating a park owner or resident for loss or inconvenience caused by the early termination of the agreement [see Residential Parks Act 2007 (SA) ss 79-81].

If the resident does not leave after termination

The park owner can apply for an order of possession from SACAT if the resident does not vacate the rented property after termination. The resident may also be liable to pay compensation for any loss incurred for failing to comply with an order [see Residential Parks Act 2007 (SA) s 83].

Response for enforcing resident’s rights

If the park owner makes an application to terminate the residential park agreement or for repossession of the property and SACAT finds that the park owner was even just partially motivated to make the application due to the resident complaining to a government agency or trying to enforce their rights, then SACAT can refuse the application and/or reinstate the residential park agreement [see Residential Parks Act 2007 (SA) s 88].

Terminating an Agreement  :  Last Revised: Wed Mar 25th 2015
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