A park owner can apply to the South Australian Civil and Administrative Tribunal (SACAT) for an order for possession when the rented property has been abandoned. The resident is also liable for any loss caused by the abandonment. However, the park owner must mitigate their loss [see Residential Parks Act 2007 (SA) s 84].
If personal property has been abandoned on site by the resident then the park owner must deal with it in accordance with the procedure stated in the legislation. The nature of the abandoned property will dictate what the park owner can do with it [see Residential Parks Act Act 2007 (SA) s 90-94]. See 'Personal property'.
Deciding if a property has been abandoned
The following considerations are taken into account:
- unpaid rent;
- if the dwelling is unoccupied and neglected;
- if mail remains uncollected;
- reports from neighbours or other residents about the absence or whereabouts of the resident;
- whether electricity or other services have been disconnected;
- whether personal effects have been removed from the property.
See Residential Parks Act 2007 (SA) s 84.
Repossession of rented property
No one can enter a rented property to take possession of it before or after the end of a residential park agreement unless the resident abandons it, voluntarily gives up possession or the person is authorized by order of a court or SACAT. Only a bailiff of SACAT can enforce an order of repossession [see Residential Parks Act 2007 (SA) ss 85 and 87].
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