skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Making a residential park agreement

Under the Residential Parks Act 2007 (SA), all residential park agreements must [s 10]:

  • be in writing;
  • be clear and precise;
  • identify the site clearly and precisely;
  • be signed by both parties (unless they are for a periodic tenancy following a fixed term tenancy under s 17A or a re-issued agreement under s 17B) [s 10(4a)];
  • include the standard terms and information under the Residential Parks Act 2007 (SA) and Residential Parks Regulations 2022 (SA);
  • include the full details of the park owner (name and address or address of registered office of the company); and
  • full name and place of occupation of the resident.

Failure to meet any of these requirements can result in an expiation notice of $1,200 or a fine of up to $25,000.

The park owner must provide the resident with a copy of the agreement within certain time frames after it is signed [s 11]. Failure to do so can result in an expiation fee of $2,000 or a fine of up to $35,000.

The park rules are automatically considered part of any residential park agreement and the park owner must ensure that a copy of the rules is included with the residential park agreement [s 12]. Failure to do so can result in an expiation fee of $1,200 or a fine of up to $25,000.

Any cost incurred preparing an agreement is the responsibility of the park owner [see Residential Parks Act 2007 (SA) s 13].

There are pro-forma residential park agreements available from the SA Gov- Forms and Factsheets for Residential Park Tenancies website.

Disputes

A resident can make an application to the South Australian Civil and Administrative Tribunal SACAT to change or delete a term of a residential park agreement if the term is harsh or unconscionable [see Residential Parks Act 2007 (SA) s 45].

Discrimination against Children

A potential resident cannot be refused entry to a residential park on the basis that a child will be living on the rented property. The only time they can be refused is if the residential park is limited to persons over 50 years of age or the manager of the park resides in the dwelling or adjacent to it. If this discrimination occurs, then the park owner can be fined up to $25,000 [see Residential Parks Act 2007 (SA) s 17].

Making a residential park agreement  :  Last Revised: Thu Feb 29th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.