The Residential Parks Act 2007 (SA) covers certain types of rental agreements (known as residential park agreements) in residential parks.
A residential park is land with a group of sites or dwellings with access to common property (for example, bathroom, laundry) available for rent. A caravan park is an example of a residential park.
A dwelling is:
[Residential Parks Act 2007 (SA) s 3]
Residential park agreements operate in a similar manner to residential tenancies. Landlords are known as park owners or park operators and tenants are known as residents.
Consumer and Business Services provides information online about residential parks as well as residential parks guides, information sheets and forms for both residents and park owners.
Key Contacts:
Consumer and Business Services - Advice and Conciliation may be contacted by residents who need initial advice about the Residential Parks Act 2007 (SA) and the rights and obligations of park owners and residents. Call 131 882
RentRight SA can provide further advice to residents about the Residential Parks Act 2007 (SA) and help residents conciliate (reach an agreement) with the park owner. RentRight can also provide advice and advocacy when a resident takes their dispute to the South Australian Civil and Administrative Tribunal. Call 1800 060 462
Consumer and Business Services - Compliance and Enforcement receives referrals from Consumer and Business Services - Advice and Conciliation and RentRight SA in relation to suspected breaches or infringements of the Residential Parks Act 2007 (SA) and can take appropriate enforcement action.
The Legal Services Commission can provide free legal advice and information about individual terms of a residential park agreement, compliance with SACAT orders and how the Residential Parks Act 2007 (SA) may apply in a particular case.
Call 1300 366 424
The South Australian Civil and Administrative Tribunal hears disputes under the Residential Parks Act 2007 (SA).
Call 1800 723 767 or email sacat@sacat.sa.gov.au
Agreements covered by the Act
The Residential Parks Act 2007 (SA) only applies if the park is the resident's principal place of residence [s 5(1)]. This may be demonstrated if the residential park is listed against the resident's name on the electoral roll [s 5(2)] or appears on their driver's licence.
The Residential Parks Act 2007 (SA) applies to all residential park agreements where the park is the resident's principal place of residence, including agreements (written or oral) entered into before the Act began. Any rights and responsibilities in agreements entered into before the Act commenced, or any park rules, must comply with the Act. Any rights and responsibilities or park rules that do not comply with the Act cannot be enforced [see Residential Parks Act 2007 (SA) Schedule 1].
However, oral agreements entered into before the Act commenced do not need to be put into writing, and written agreements entered into before the Act commenced do not have to comply with the new requirements for written agreements [see Residential Parks Act 2007 (SA) s 10 and Schedule 1].
Agreements not covered by the Act
The Residential Parks Act 2007 (SA) does not apply to people who rent dwellings or sites for a holiday [s 5(3)]. Generally, if there is an arrangement to stay for 60 days or more at a park, it is presumed not to be a holiday and to be the resident's principal place of residence [s 5(4)]. If the person is in fact on holiday but wants to stay 60 days or more, this can be stated in the agreement to make it clear the Act does not apply [see Residential Parks Act 2007 (SA) s 5(3) and (4)].
A park owner cannot avoid their responsibilities by stating that the accommodation is for a holiday if the park is a person's principal place of residence. Similarly, the park owner cannot avoid their responsibilities by making a series of separate agreements for less than 60 days (implying the person is on holidays), if the park is in fact the person's principal place of residence [see Residential Parks 2007 (SA) s 5(4), (5), (6)].
The Act does not apply to an agreement that gives a right of occupancy in:
The Act also does not apply to boarders and lodgers, agreements for the sale of land and/or a dwelling which includes the right for one of the parties to occupy the land and/or dwelling, nor to a mortgage agreement [see Residential Parks Act 2007 (SA) s 5(7)].
A residential park agreement may be:
[Residential Parks Act 2007 (SA) s 3]
Different rules apply depending on whether the agreement is a residential park site agreement or a residential park tenancy agreement in relation to ending agreements and in relation to the park operator's rights of entry to property.
Consumer and Business Services has prepared information booklets for park owners, residents who rent only a site, and residents who rent both a site and a dwelling.
Agreements can be periodic or for a fixed term.
A fixed term agreement is for a defined period and has a set start date and end date. However, the agreement does not automatically end on the set date.
If neither the park operator nor the resident has ended the agreement in accordance with the Residential Parks Act 2007 (SA) (see Terminating an Agreement), and the agreement is not required to be re-issued (see Re-issuing agreements), then the agreement continues as a periodic tenancy [Residential Parks Act 2007 (SA) s 17A]. Standard agreements have been produced by the Tenancies Branch of Consumer and Business Services.
A periodic agreement is for a recurring period without a fixed term (it has a start date but no specified end date). A periodic tenancy can continue indefinitely. It goes on recurring automatically until something is done by the parties to end it. The length of the 'period' of a periodic tenancy is the length of time between rental payments under the agreement. For example, if rent is payable fortnightly, the 'period' of the tenancy is a fortnight. If rent is payable every calendar month, the 'period' is a calendar month. The length of the period is important when ending the agreement (see Terminating an Agreement).
A fixed term agreement for 90 days or less (called a fixed short term agreement) is assumed to be periodic. That is, the rules for ending the agreement are those applying to periodic tenancies, not fixed term agreements. In this case, the 'period' of the tenancy is the length of the fixed term. For example, if the agreement allows a person to rent for 60 days, then the recurring 'period' of the tenancy is 60 days.
There are two exceptions to the rule that fixed short term agreements are treated as if they are periodic. The agreement will not be treated as periodic if the resident genuinely wants an agreement ending at the end of the fixed short term and the term was fixed at the resident's request. The other situation is where the park operator gives the resident a proper notice containing a warning that the resident cannot expect the agreement to continue after the set date and the resident signs the notice [see Residential Parks Act 2007 (SA) s 4].
Under the Residential Parks Act 2007 (SA), all residential park agreements must [s 10]:
The park owner is responsible for complying with these rules and faces an expiation fee of $1,200 or a fine of up to $25,000 for nom-compliance [s 10(5)].
The park owner must provide the resident with a copy of the agreement 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.
The park owner is responsible for any costs incurred in preparing an agreement [s 13].
Pro-forma residential park agreements are available from the SA Government - Forms and factsheets for residential park tenancies website.
Disputes
A resident may apply to the South Australian Civil and Administrative Tribunal to change or remove a term of a residential park agreement if the term is harsh or unconscionable [Residential Parks Act 2007 (SA) s 45].
Discrimination against residents with children
It is an offence to refuse to enter into a residential park agreement with a person on the basis that it is intended that a child will live on the rented property [s 17]. This is punishable by a fine of up to $25,000.
However, this prohibition does not apply if
A person who has been unlawfully discriminated against may complain to Equal Opportunity SA.
Prescribed fixed term agreements
At the end of a prescribed fixed term agreement (a residential park site agreement of 5 years or more, or less than 5 years if the resident has held a right of occupancy for 5 years or more in total), the park owner or resident must provide the other with written notice if they do not want the agreement to be re-issued on the same terms and for the same fixed term. If no notice is given, the park owner must provide the resident with a copy of the re-issued agreement within 28 days of the end of the fixed term [s 17B(1)].
Seeking a variation of terms
The park owner or resident must provide the other with 90 days written notice if they wish to vary the terms of their agreement [s 17B(2)(a)]. The park owner must then review the agreement in consultation with the resident and in accordance with any applicable regulations [s 17B(2)(b)]. Following the review, the park owner must re-issue the agreement on agreed terms [s 17B(2)(c)]. If the review is not complete before the end of the fixed term, the fixed term is taken to be extended until the review is completed and the agreement is re-issued [s 17B(5)].
A party must not unreasonably withhold consent to a variation of terms sought by the other party. A party may apply to the South Australian Civil and Administrative Tribunal if they think consent has been unreasonably withheld [s 17B(4)].
Periodic agreement for 5 years or more
If a resident occupies a residential park site under a periodic agreement for 5 years or more, the park owner must review the agreement in consultation with the resident and re-issue the agreement for a fixed term as agreed with the resident, unless the resident notifies the park owner in writing that they waive their right to have the agreement re-issued as a fixed term agreement. The agreement would then continue as a periodic tenancy unless and until the resident later notifies the park owner in writing that they wish for a review to be undertaken and the agreement to be re-issued for a fixed term or the agreement is assigned, unless the new resident waives their right to have the agreement re-issued [s 17B(6), (7)(b), (9)].
A park owner who fails to meet any of these requirements may incur an expiation fee of $2,000 or a fine of up to $50,000 [s 17B(11)].
Park owners must provide certain information to residents before or at the time the park owner and resident enter into an agreement [Residential Parks Act 2007 (SA) s 14]. In the case of residential park site agreements, the park owner must provide the information at least 14 days before entering into the agreement (unless the agreement is for a short term and the resident has, by notice in writing, waived the requirement) [s 14(1a) and (1b)].
The information that must be provided includes:
If the park owner changes, the new owner must notify the resident in writing of the change of details within 14 days [s 14(3)].
If information is not provided as required by s 14, an expiation fee of $1,200 or a fine of up to $25,000 may be imposed [s 14(5)].
Under the Residential Parks Act 2007 (SA), the park operator is required to:
More requirements and obligations can be found in the Residential Parks Act 2007 (SA). Some of these requirements carry a penalty for non-compliance.
A park owner must maintain the rented property and the common areas of the residential park in a reasonable state [s 35]. Any damage from ordinary wear and tear is the park owner's responsibility to repair.
The resident must notify the park owner of any damage that has occurred, whether it is their fault or through ordinary wear and tear [s 36]. A resident must not deliberately or negligently cause damage to either the rented property or common areas [s 36(2)]. If they do, they must pay for the repairs. This applies to damage caused by the resident or their visitor or guest. A resident can be refunded for emergency repairs that are undertaken by a licensed tradesperson as long as the damage was not their fault and they tried to contact the park owner [s 35(4)].
Rented properties must meet minimum housing standards [Housing Improvement Regulations 2017 (SA) Part 3]. Residents may report serious defects that affect their health or safety to the Housing Safety Authority but should only do so after reporting the problem to the park owner. The Housing Safety Authority may declare a property to be substandard and order rent control. For more information about what might make a property substandard and how to report, visit the Housing Safety Authority website. See also Housing improvement orders.
The park owner may make rules about the use, enjoyment, control and management of the park [Residential Parks Act 2007 (SA) s 6].
Rules may be about:
Under the Residential Parks Regulations 2022 (SA), the park owner may make rules about how many people may reside on the rented property with the resident and the use of the rented property for business purposes [reg 4].
A park owner may change the park rules. A change only takes effect when each resident has been given 14 days written notice of the change. If there is a residents committee, the park owner must consult and consider the views of the committee in relation to any proposed rule change [Residential Parks Act 2007 (SA) s 8].
The South Australian Civil and Administrative Tribunal may, on application, declare a park rule to be unreasonable and void or change it to make it reasonable [s 9]. This must be a joint application made by residents from a majority of the occupied sites in the park.
A park owner has different rights of entry to the rented property depending on whether the agreement is a residential park tenancy agreement or a residential park site agreement. The rights of entry listed below are the only lawful rights of entry a park owner has in respect of rented property.
Residential park tenancy agreement
Pursuant to s 40 of the Residential Parks Act 2007 (SA), the park owner can only enter the rented property:
Residential park site agreement
Pursuant to s 41 of the Residential Parks Act 2007 (SA), the park owner can only enter the rented property:
Under the Residential Parks Act 2007 (SA), a resident must:
More requirements and obligations can be found in the Residential Parks Act 2007 (SA). Some of these requirements carry a penalty for non-compliance.
It is an offence for a resident to intentionally cause serious damage to the rented property or common property, with a maximum penalty of a fine of up to $2,500 [Residential Parks Act 2007 (SA) s 36(2)].
Alterations to the rented property
The resident cannot alter the rented property without seeking written permission of the park owner. This applies to both residential park tenancies and the exterior of dwellings installed under residential park site agreements [Residential Parks Act 2007 (SA) ss 37 and 38].
Vicarious liability
The resident is vicariously liable for the behaviour of a person who is on the rented property through their invitation or with their consent. This means that the behaviour of visitors is treated as being the behaviour of the resident and can result in a breach of the agreement [see Residential Parks Act 2007 (SA) s 44].
Serious acts of violence
If a resident or one of their visitors is reasonably suspected of committing a serious act of violence or the safety of any person in the park is in danger, the park owner may give them notice (using Form E for the resident or Form E1 for the visitor) to leave immediately. It is an offence to give such a notice if there are no reasonable grounds for doing so [s 95].
The exclusion period is for 2 business days or, if the park owner makes an urgent application to terminate the residential park agreement, 4 days or until the South Australian Civil and Administrative Tribunal determines the application [s 96]. It is an offence to enter or remain in a residential park contrary to an exclusion notice [ss 95(6), 96(1)].
The residents of a residential park may elect residents from at least 5 different occupied sites in a residential park to form a residents committee to represent the residents' common interests [s 7]. Only a resident may be a member of the committee, and each resident has a right to nominate for election and participate in the election. A resident who is employed or engaged by the park owner to help with the management of the residential park cannot be a member of the committee [s 7(1)(c)]. Only one residents committee may be formed in a residential park [s 7(2)].
A park owner of a residential park with more than 20 fixed term site agreements in place must ensure that the park has a residents committee [s 7(1b)]. A park owner must not unreasonably interfere with a resident’s rights to participate in a residents committee [s 7(1a)], and must reasonably allow the use of a room within the residential park for the purposes of committee meetings [s 7(5)].
If there is more than one committee purporting to exist for a particular residential park, the park owner may apply to the South Australian Civil and Administrative Tribunal for an order as to which committee (if any) is the residents committee [s 7(3)].
A residents committee may make representations to a park owner about a matter the committee has considered. The park owner must consider the representations and respond in writing as soon as practicable and in any case within one month or longer period as allowed by the committee [s 7(6)]. A response to any member of the committee is sufficient [s 7(7)].
The Residential Parks Act 2007 (SA) sets out certain criteria for the payment of rent and bond, increases to rent and record keeping for rent. The park owner can only require one bond to be paid which cannot be more than 4 weeks' rent [s 27]. Money received as a bond must be receipted within 48 hours [s 28]. All bonds must be lodged with Consumer and Business Services within 7 days [s 28].
At the beginning of the agreement, a resident can also be required to pay the first 2 weeks' rent [s 19]. If 2 weeks' rent is paid at the start of the agreement, no more rent is due until those 2 weeks have passed. Rent cannot be collected at the rented premises, unless the alternative has been refused by the resident [s 20]. Receipts must be provided for rent paid within 48 hours, unless rent is paid into a bank account and written records are maintained [s 24].
Besides a bond and 2 weeks' rent in advance, the park owner cannot ask for any other money at the start of the agreement [s 18].
The park owner cannot require any payment from a tenant to extend or renew an agreement [s 18].
Rent can be increased if written notice has been given to the resident [Residential Parks Act 2007 (SA) s 21(1)]. Increases in rent can be excluded or limited by the residential park agreement [s 21(2)(a)]. If the agreement is for a fixed term, rent cannot be increased during the term unless specifically agreed or allowed by the agreement [s 21(2)(b)].
A park owner may only increase rent if the increase occurs 12 months since the agreement started or 12 months from the last rent increase [s 21(2)(c)]. The resident must be given 60 days' written notice of the date from which the rent will be increased [s 21(3)]. This does not apply if a residential park agreement specifically allows for an automatic change in rent on a basis set out in the agreement [s 21(7)].
Rent can be reduced by agreement and can occur on a temporary basis [s 21(4)].
Residents can apply to the South Australian Civil and Administrative Tribunal within 30 days of receiving notice of a rent increase for a determination that the proposed rent increase is excessive [s 22]. SACAT can fix the amount of rent payable for that property and the length of time the rent will stay at that amount.
If, at the end of the residential park agreement, the park owner and the resident agree on how the bond is to be repaid, then the Residential Park Bond Refund Formmay be signed by both parties and lodged with Consumer and Business Services.
Disputed Bonds
If one party has not signed, the form should still be lodged and the other party will be given 10 days to provide a written notice of dispute [Residential Parks Act 2007 (SA) s 29]. If this is not received then the bond will be paid according to the applicant's wishes.
If no agreement can be reached then the dispute can be conciliated or mediated to try to reach a negotiated agreement or the South Australian Civil and Administrative Tribunal can decide how the bond is to be disbursed.
If a site is not individually metered for water or gas, the park owner cannot charge the resident separately for these services [Residential Parks Act 2007 (SA) s 43]. However, any costs for providing the site to the resident can be included in the amount the resident is charged for rent.
If a site is separately metered for water or gas, the park owner can make it a term of the residential park agreement that the resident can be charged separately for these services [Residential Parks Act 2007 (SA) s 43(2)]. Even if the site is not separately metered for electricity, the park owner can require the resident to pay an amount for electricity if they provide an account specifying how much the resident is being charged for the supply and how that amount was calculated [s 43(4)]. Similarly, if bottled gas is supplied by the park owner, the resident can be charged separately for the amount of gas they use, if this is a term of the agreement [s 43(2)(d)].
The resident can ask the park owner to provide details of the charges for water, electricity, gas or bottled gas, including details of the period of time the charges relate to, the amount used and the amount of the charges. If this information is not provided, the resident does not have to pay the charges claimed by the park owner [Residential Parks Regulations 2022 (SA) reg 6(2)].
A residential park agreement can also include a term that allows the park owner to charge a fee if the resident has an overnight visitor. The fee cannot be charged unless it is included in the agreement [reg 6(1)(a)].
Residential park residents may be eligible for concessions on water, energy bills and other expenses. Visit the SA Government Concession Finder website for more information including how to apply.
Sub-Letting
A resident may enter into a sub-tenancy agreement with another person either in writing or orally if:
The park owner can also make a park rule declaring that no sub-letting agreements can be made by residents.
[See Residential Parks Act 2007 (SA) s 51].
Assignment
An effective assignment of the resident's interest in a residential park agreement results in another person taking over the lease of the site or dwelling. This means that the resident is no longer liable under the agreement. An assignment can be oral or written and must have the park owner's written consent [s 48]. Forms to request to assign a residential park agreement may be downloaded from the SA Government Forms and fact sheets for residential park tenancies website.
A resident should ensure that they get consent because if they do not, they may still be considered liable under the agreement, or the park owner could terminate the agreement. A park owner cannot unreasonably withhold consent and will be assumed to have consented if they do not respond within 7 days of receiving a written request for consent with the assignee's full details. Seek legal advice before entering into an agreement assigning an interest to another party.
At least 14 business days before an assignment, the resident assigning their interest or a person authorised to act on their behalf must advise the assignee to contact the park owner to request the prescribed information [s 48(12)]. Failure to do so can result in an expiation fee of $1,000 or a fine of up to $25,000. It is a defence to prove the defendant believed on reasonable grounds that the assignee had already contacted the park owner to request the prescribed information. A park owner must provide the prescribed information within 7 business days after receiving the request, or such longer period as may be agreed. Failure to comply with these provisions does not, however, invalidate an assignment.
[See Residential Parks Act 2007 (SA) s 48].
A resident owns a dwelling and enters into a residential site agreement with the park owner. The fixed term of the agreement is for 4 years. After 2 years the resident decides to sell the dwelling. The resident has the right to sell the dwelling but must first inform the park owner of their intention to sell, before putting up a 'for sale' sign. The resident must also obtain the park owner's written consent to assign and effectively transfer the residential site agreement to the buyer of the dwelling.
[Residential Parks Act 2007 (SA) ss 48 and 50].
The Residential Parks Act 2007 (SA) specifies when and how a residential park agreement can end, and how much notice must be given.
The amount of notice required depends on what type of agreement it is (site or tenancy and periodic or fixed term), who is terminating the agreement and why they are terminating the agreement.
Termination by the park owner: site agreement
Under the Residential Parks Act 2007 (SA), a park owner may end a residential park site agreement with the following notice periods:
Termination by the park owner: tenancy agreement
Under the Residential Parks Act 2007 (SA), a park owner may end a residential park tenancy agreement with the following notice periods:
Termination by the resident: site and tenancy agreement:
A resident may end a residential park agreement with the following notice periods:
Where a notice is given for breach of agreement (using Form A), if the breach is not rectified within the required period (as set out in the breach notice), the agreement terminates when the notice expires. If the resident does not give vacant possession of the rented property to the park owner by the date specified in the notice, the park owner can apply to the South Australian Civil and Administrative Tribunal for an order for possession.
Other than by serving the appropriate notice, neither the park owner nor the resident can terminate a fixed term agreement until the final day of the agreement, unless they both agree. If a resident has a fixed term agreement and wants to leave the rented property and terminate the agreement before the end of the fixed term, they should discuss it with the park owner and try to come to an arrangement. It may be, however, that they will be liable to the park owner for the costs associated with finding a new resident, reletting the rented property and for any loss of rent.
A residential park agreement ends if:
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 authorised by SACAT [s 55].
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 [s 56].
If the breach is in dispute, the resident or park owner may apply to the South Australian Civil and Administrative Tribunal for an order declaring that they are not in breach or have remedied the breach and that the agreement cannot be terminated or, alternatively, reinstating the agreement. SACAT can also reinstate the agreement, despite a valid termination for a breach, if just and equitable [see Residential Parks Act 2007 (SA) ss 56, 63, 68 and 74].
If the resident 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 bailiff 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].
A park owner can terminate a 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 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) ss 58, 70].
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 them with an exclusion notice (Form E) excluding them from the park, the park owner may apply to the South Australian Civil and Administrative Tribunal to terminate the residential park agreement. This application must be made during the exclusion period [Residential Parks Act 2007 (SA) s 97]. Learn more about exclusion for a serious act of violence under Rights and responsibilities of residents.
After giving the appropriate notice (using Form C), termination of a periodic tenancy agreement for a residential park tenancy agreement can also occur:
[See Residential Parks Act 2007 (SA) ss 59-62, 65 - 67, 71-73, 76-78].
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 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 applies to terminate the residential park agreement or for repossession of the property and SACAT finds that the park owner was even partly 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].
A park owner can apply to the South Australian Civil and Administrative Tribunal 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].
A property will be considered abandoned having regard to:
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 authorised by order of a court or SACAT. Only a bailiff of SACAT can enforce an order of repossession [Residential Parks Act 2007 (SA) ss 85 and 87].
There is a specific procedure to deal with personal property that a resident has abandoned. Any perishable items can be immediately thrown out, and so can any items valued at less than the fair estimate of the cost of removal, storage and sale of the property [see Residential Parks Act 2007 (SA) s 92].
Valuable Property
Valuable property is any property worth more than the cost of removal, storage and sale. Valuable property must be dealt with in a specific way. Notice must be given to the former resident and the property must be kept safe for 28 days (using Form I). Reasonable costs must be paid by the owner of the property to reclaim the property. If the property is not claimed within 28 days then the property may be sold at a public auction. The park owner may only keep the funds from this sale to cover the reasonable cost of dealing with the abandoned property and any amounts that are owing under the residential park agreement. The balance is to be paid to the owner of the property, or if they can not be found, to the Residential Tenancies Fund [see Residential Parks Act 2007 (SA) s 92].
Personal Documents
The park owner must notify the former resident and hold abandoned documents for 28 days. If they are not claimed, they may be destroyed [s 93].
Abandoned dwellings
If the former resident has abandoned a dwelling at the site, then the park owner must keep it safe and must apply to the South Australian Civil and Administrative Tribunal for an order for possession. After this order has been received, the park owner must comply with the same procedures described above [s 94].
Issues and disputes may be resolved in several different ways.
Consumer and Business Services - Advice and Conciliation may be contacted by residents who need initial advice about the Residential Parks Act 2007 (SA) and the rights and obligations of park owners and residents. Call 131 882
RentRight SA can provide further advice to residents about the Residential Parks Act 2007 (SA) and help residents conciliate (reach an agreement) with the park owner. RentRight can also provide advice and advocacy when a resident takes their dispute to the South Australian Civil and Administrative Tribunal. Call 1800 060 462
Consumer and Business Services - Compliance and Enforcement receives referrals from Consumer and Business Services - Advice and Conciliation and RentRight SA in relation to suspected breaches or infringements of the Residential Parks Act 2007 (SA) and can take appropriate enforcement action.
The Legal Services Commission can provide free legal advice and information about individual terms of a residential park agreement, compliance with SACAT orders and how the Residential Parks Act 2007 (SA) may apply in a particular case. Call 1300 366 424
The South Australian Civil and Administrative Tribunal hears and determines disputes under the Residential Parks Act 2007 (SA). Call 1800 723 767 or email sacat@sacat.sa.gov.au
SACAT cannot hear claims for money over $40,000 unless both parties consent in writing. Once consent is given, it cannot be revoked (taken back).
If there is no consensus for the Tribunal to hear a claim for over $40,000 then it must be heard in a court with jurisdiction to hear the matter [see Residential Parks Act 2007 (SA) s 103].
SACAT can make many different orders after one of the parties has lodged an application [see Residential Parks Act 2007 (SA) s 116]. The hearings are informal and the parties can usually attend and represent their cases themselves. SACAT also has the power to issue a restraining order to a resident or their visitor, on an application by the park owner, if there is a risk of serious injury or damage occurring. Breaching this restraining order is an offence and attracts up to one year imprisonment.
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