Residential Parks Act 2007 (SA)

South Australia Residential Parks Act 2007 An Act to regulate the relationship between residents in residential parks and park owners; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Presumption of periodicity in case of fixed short terms 5 Application of Act Part 2—Park rules and residents committees 6 Park rules 7 Residents committees 8 Amendment of park rules 9 Application to Tribunal if park rules are considered unreasonable Part 3—Formation of residential park agreements Division 1—Entering into residential park agreements 9A Application of Part 10 Residential park agreement to be in writing 11 Copies of written agreements 12 Agreements incorporate park rules 13 Cost of preparing written agreement 14 Information to be provided by park owners to residents 15 False information from resident 16 Non-compliance not to affect validity or enforceability Division 2—Discrimination against residents with children 17 Discrimination against residents with children Division 3—Continuation or reissue of certain agreements 17A Agreement for fixed term continues as periodic agreement if not terminated 17B Certain site agreements to be reissued Part 4—Mutual rights and obligations of park owners and residents Division 1—Rents and other charges 18 Permissible consideration for residential park agreement 19 Rent in advance 20 Method of payment of rent 21 Variation of rent 22 Excessive rent 23 Park owner's duty to keep proper records of rent 24 Duty to give receipt for rent 25 Accrual and apportionment of rent 26 Abolition of distress for rent Division 2—Bonds 27 Bond 28 Receipt of bond and transmission to Commissioner 29 Repayment of bond Division 3—Resident's entitlement to possession and quiet enjoyment 30 Vacant possession etc 31 Quiet enjoyment Division 4—Residential park tenancy agreement—security of dwelling 32 Residential park tenancy agreement—security of dwelling Division 5—Access to residential park 33 Access to residential park Division 6—Park owner's obligations in relation to condition of rented property and common areas 34 Cleanliness 35 Park owner's obligation to repair Division 7—Resident's obligations in relation to rented property and common areas 36 Resident's responsibility for cleanliness and damage 37 Residential park tenancy agreement—alteration of rented property 38 Residential park site agreement—alterations on site Division 8—Resident's conduct on rented property 39 Resident's conduct Division 9—Park owner's right of entry 40 Residential park tenancy agreement—right of entry 41 Residential park site agreement—right of entry 42 Manner of exercise of right of entry Division 10—Statutory and other charges in respect of rented property 43 Statutory and other charges in respect of rented property Division 11—Resident's vicarious liability 44 Vicarious liability Division 12—Harsh or unconscionable terms 45 Harsh or unconscionable terms Division 13—Miscellaneous 46 Accelerated rent and liquidated damages 47 Duty of mitigation Part 5—Assignment of residential park agreements 48 Assignment of residential park agreement Part 6—Residential park site agreement—acquisition of park or site 49 Residential park site agreement—acquisition of park or site Part 7—Residential park site agreement—sale of dwelling on‑site 50 Residential park site agreement—sale of dwelling on-site 50A Sale of dwelling following death of resident Part 8—Sub-tenancy agreements 51 Sub-tenancy agreements Part 9—Termination of residential park agreements Division 1—Termination generally 52 Termination of residential park agreement 54 Termination of agreement for periodic tenancy 55 Limitation of right to terminate Division 2—Residential park tenancy agreements—termination by parties Subdivision 1—Termination by park owners 56 Termination for breach of agreement 57 Termination where successive breaches of agreement 58 Termination where serious misconduct by resident 59 Termination where periodic tenancy and sale of rented property 60 Termination where periodic tenancy and no specified ground of termination 61 Termination at end of fixed term 62 Termination where agreement frustrated Subdivision 2—Termination by residents 63 Termination for breach of agreement 64 Termination where successive breaches of agreement 65 Termination where periodic tenancy and no specified ground of termination 66 Termination at end of fixed term 67 Termination where agreement frustrated Division 3—Residential park site agreements—termination by parties Subdivision 1—Termination by park owners 68 Termination for breach of agreement 69 Termination where successive breaches of agreement 70 Termination where serious misconduct by resident 70A Termination where change of use or redevelopment 71 Termination where periodic tenancy and no specified ground of termination 72 Termination at end of fixed term 73 Termination where agreement frustrated Subdivision 2—Termination by residents 74 Termination for breach of agreement 75 Termination where successive breaches of agreement 76 Termination where periodic tenancy and no specified ground of termination 77 Termination at end of fixed term 78 Termination where agreement frustrated 78A Termination where notice given under section 70A Division 4—Termination by Tribunal 79 Termination on application by park owner 80 Termination on application by resident 81 Termination based on hardship Division 5—Form of notices of termination 82 Form of notice of termination Division 6—Repossession of rented property 83 Order for possession 84 Abandonment of rented property 85 Repossession of rented property 86 Forfeiture of head tenancy not to automatically end agreement Division 7—Enforcement of orders for possession 87 Enforcement of orders for possession Division 8—Retaliatory action by park owner 88 Retaliatory action by park owner Division 9—Resident to give forwarding address 89 Resident to give forwarding address Division 10—Abandoned property 90 Abandoned property 91 Offence to deal with abandoned property in unauthorised way 92 Action to deal with abandoned property other than personal documents 93 Action to deal with abandoned personal documents 94 Action to deal with abandoned dwellings or prescribed items Part 10—Serious acts of violence 95 Park owner may give person notice to leave for serious act of violence 96 Exclusion from park for certain period 97 Park owner may make urgent application to Tribunal 98 Occupation of rented property pending application or hearing Part 11—South Australian Civil and Administrative Tribunal Division 3—Tribunal's jurisdiction 103 Jurisdiction of Tribunal Division 4—Representation of parties in mediation 110 Representation of parties in mediation Division 5—Intervention by Commissioner 112 Power to intervene Division 6—Amendment of proceedings 113 Amendment of proceedings Division 7—Judgments and orders 116 General powers of Tribunal to resolve disputes 117 Special powers to make orders 118 Restraining orders 119 Conditional and alternative orders Division 8—Obligation to give reasons for decisions 123 Reasons for decisions 123A Time for application for review or instituting appeal Division 10—Representation in proceedings before Tribunal 126 Representation in proceedings before Tribunal Part 12—Commissioner for Consumer Affairs and administration of Act 132 Administration of Act 133 Ministerial control of administration 134 Commissioner's functions 135 Commissioner to maintain register 136 Annual report Part 13—Miscellaneous 137 Contract to avoid Act 138 Notice by park owner not waived by acceptance of rent 138A Park owner must have safety evacuation plan 139 Exemptions 140 Service 141 Regulations Schedule 1—Transitional provisions 1 Application to existing residential park agreements 2 Application to existing park rules 3 Exemption by Minister 4 Existing residential park agreements need not comply with formal requirements 5 Existing bond to be paid to Commissioner Legislative history