All residential park agreements must:
- be in writing;
- be clear and precise;
- identify the site clearly and precisely;
- be signed by both parties (unless they are for a periodic tenancy following a fixed term tenancy under s 17A or a re-issued agreement under s 17B) [s 10(4a)];
- 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 the agreement must be provided to the resident. The park rules are automatically considered part of any residential park agreement and a copy of the rules must be included with the residential park agreement. Failure to meet any of these requirements can result in an expiation notice of $210 or a fine of up to $1 250. 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].
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