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Abandoned property

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].

Abandoned property  :  Last Revised: Thu Jun 5th 2014
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