Temporary Update: The economic effect of the coronavirus (COVID-19) pandemic has resulted in some residents facing financial hardship, and in particular, difficulty paying their rent or meeting their residential park agreement obligations.
In response, the South Australian Government has recently passed the Covid- 19 Emergency Response Act 2020 (SA) allowing for temporary changes to residential park legislation [see s 9]. The legislative protections have been put in place to avoid residents facing homelessness during such a public health emergency.
These changes have come into effect as of 30 March 2020 and will cease on either 8 October 2020, or at the time in which all relevant declarations relating to COVID-19 within South Australia have ceased (whichever is earlier) [see s 6(2)]
The operation of the Residential Parks Act 2007 (SA) is modified such that the modifications made by section 8 to the Residential Tenancies Act 1995 (SA) (including, to avoid doubt, the provisions of section 8 relating to the Tribunal) apply in relation to the Residential Parks Act 2007 (SA) as if a reference in that section to a residential tenancy agreement were a reference to a residential park tenancy agreement, residential park site agreement or residential park agreement (as the case requires). [see s 9(1)]
A purported termination or other action in contravention of the Residential Parks Act 2007 (SA) (as modified by section 9 of the new Act) will be taken to be void and of no effect. [s 9(2)]
The Residential Parks (Miscellaneous) Amendment Act 2019 came into operation on 12 August 2019. Key changes to the Residential Parks Act 2007 (SA) are aimed at improving disclosure to new residents entering into residential park site agreements (see What information needs to be provided to the resident?), improving resident's security of tenure (See Re-issuing residential park site agreements) and providing more clarity around termination of agreements for redevelopment purposes. A summary of the changes can be found on the Consumer and Business Services website.
The Residential Parks Act 2007 (SA) covers certain types of rental agreements (known as 'residential park agreements') in residential parks.
A 'residential park' is land where a group of sites or dwellings with access to common property (for example, bathroom, laundry) are available for rent. A caravan park is an example of a 'residential park'.
A 'dwelling' is:
[Residential Parks Act 2007 (SA) s 3]
The following guides have been put together by Consumer and Business Services:
Legal Services Commission
Relevant forms can be downloaded from the SA Gov- Residential Parks website.