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.