Notice required for ending 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:
- for a breach of agreement (including rent arrears): 28 days [s 68]
- following successive breaches: 28 days [s 69]
- for serious misconduct (for example, injury to the park owner or another resident, or serious damage to property): immediately [s 70]
- to allow a change of use or development: 365 days (the park owner must first offer to relocate the resident to another site, to purchase the resident's dwelling or to relocate the resident's dwelling) [s 70A]
- for no specified grounds and in relation to a periodic agreement only: 90 days (cannot terminate where an application or order is in place in relation to excessive rent or the resident has held a right of occupancy for a total of 5 years) [s 71]
- at the end of a fixed term agreement: 28 days (cannot terminate where residential park site agreement for fixed term of 5 years or more or less where the resident has held a right of occupancy for a total of 5 years) [s 72]
- where the agreement is frustrated:
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immediately, if rented property destroyed or uninhabitable or ceases to be lawfully usable for residential purposes [s 73]
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60 days, if the rented property has been acquired by compulsory process [s 73].
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:
- for a breach of agreement (including rent arrears): 14 days [s 56]
- following successive breaches: 14 days, or 7 days if successive rent arrears breaches [s 57]
- for serious misconduct: immediately [s 58]
- to facilitate the sale of a rented property (for a periodic tenancy only): 28 days or a period equivalent to a single period of the tenancy (whichever is longer). This means that if the resident pays rent calendar monthly, the park owner would need to give a calendar month’s notice. A park owner can only use this notice if they have entered into a contract for sale of the rented property and they are required, under the contract, to give vacant possession of the rented property to the new owner [s 59]
- for no specified grounds and in relation to a periodic tenancy only: 60 days or a period equivalent to a single period of the tenancy (whichever is longer) [s 60]
- at the end of a fixed term agreement: 28 days [s 61]
- where the agreement is frustrated:
-
immediately, if rented property destroyed or uninhabitable or ceases to be lawfully usable for residential purposes [s 62]
- 60 days, if the rented property has been acquired by compulsory process [s 62].
Termination by the resident: site and tenancy agreement:
A resident may end a residential park agreement with the following notice periods:
- for a breach of agreement: 14 days [s 63]
- following successive breaches: 14 days [s 64]
- for no specified grounds and in relation to a periodic agreement only:
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21 days for a tenancy agreement, or a period equivalent to a single period of the agreement (whichever is longer) [s 65]
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28 days for a site agreement, or a single period of the tenancy (whichever is longer) [s 76]
- at the end of a fixed term agreement: 28 days [s 66]
- where the agreement is frustrated: immediately [s 67]
- where a change of use or development notice received: 28 days [s 78A].
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.
Notice required for ending the agreement : Last Revised: Fri Jul 18th 2025
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