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)].