All residential park agreements must:
- be in writing;
- be clear and precise;
- identify the site clearly and precisely;
- be signed by both parties;
- include the standard terms and information under the Residential Parks Act 2007 (SA) and Residential Parks Regulations 2007 (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.
A copy of this agreement must be provided to the resident. Failure to do so can result in an expiation notice of $105 or a fine of up to $750. The park rules are automatically considered part of any residential park agreement. Any cost incurred preparing an agreement is the responsibility of the park owner [see Residential Parks Act 2007 (SA) ss 10 - 13].
There are pro-forma residential park agreements available from the SA Gov- Forms and Factsheets for Residential Park Tenancies website.
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 can not 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 $1250 [see Residential Parks Act 2007 (SA) s 17].
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.