Prescribed fixed term agreements

At the end of a prescribed fixed term agreement (being a residential park site agreement of 5 years or more, or less than 5 years if the resident has held a right of occupancy for 5 years or more in total), the park owner or resident must provide the other with written notice if they do not want the agreement to be re-issued on the same terms for the same fixed term. If no notice is given, the park owner must provide the resident with a copy of the re-issued agreement within 28 days of the end of the fixed term [s 17B(1)].

Seeking a variation of terms

The park owner or resident must provide the other with 90 days written notice if they seek a variation of terms [s 17B(2)(a)]. The park owner must then conduct a review of the agreement in consultation with the resident and any applicable regulations [s 17B(2)(b)]. Following the review, the park owner must re-issue the agreement on terms as may be agreed between them [s17B(2)(c)]. If the review is not complete before the end of the fixed term, the fixed term is taken to be extended until the review is completed and the agreement is re-issued [s 17B(5)].

A party must not unreasonably withhold consent to a variation of terms sought by the other party and an application may be made to the South Australian Civil and Administrative Tribunal for orders if a party thinks consent has been unreasonably withheld [s 17B(4)].

Periodic agreement for 5 years or more

After a transitional period of 2 years from 12 August 2019 (that is the commencement of this provision), if a resident occupies a residential park site under a periodic agreement for 5 years or more, the park owner must undertake a review of the agreement in consultation with the resident and re-issue the agreement for a fixed term as agreed with the resident, unless the resident notifies the park owner in writing that they waive their right to have the agreement re-issued as a fixed term agreement. The agreement would then continue as a periodic tenancy unless and until the resident later notifies the park owner in writing that they wish for a review to be undertaken and the agreement to be re-issued for a fixed term or the agreement is assigned, unless the new resident waives their right to have the agreement re-issued [s 17B(6), (7)(b), (9)].

A park owner who fails to meet any of these requirements may incur an expiation fee of $2,000 or a fine of up to $50,000.