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Residents' Rights and Responsibilities

The resident is required to:

  • pay the rent on time;
  • not give the park owner false information about their identity or place of work;
  • obey the park rules;
  • keep the rented property in a reasonable state of cleanliness;
  • notify the park owner of any damage to the rented property and common areas;
  • not intentionally or negligently cause or allow damage to be caused to the rented property or common areas;
  • notify the park owner when repairs to the rented property are needed;
  • not attach fixtures or make alterations to the rented property without the park operator's written consent;
  • not remove, alter or add a lock or other security device to the rented property without the park owner's consent;
  • not make any alteration or addition to the outside of the dwelling or add any structure to the site without the park operator's written consent;
  • not use or allow the rented property to be used for any illegal purpose;
  • not cause or allow a nuisance or interference with the reasonable peace, comfort or privacy of another resident or person residing in the immediate vicinity of the park;
  • give the rented property back to the park operator in a reasonable condition and in a reasonable state of cleanliness;
  • provide a forwarding address to the park operator if they ask for it.

[See Residential Parks Act 2007 (SA) ss 12, 15, 25, 32, 36-39 and 89].

Failure to comply with some of these responsibilities can attract fines, see the Residential Parks Act 2007 (SA) for more information. Particularly, it is an offence for a resident to intentionally cause serious damage to the rented property or common property and a fine of up to $2,500 can be imposed [see Residential Parks Act 2007 (SA) s 36(2)].

NOTE: The above details are not a complete list of the resident’s rights and obligations under the Residential Parks Act 2007 (SA).

Alterations to the rented property

The resident can not alter the rented property without seeking written permission of the park owner. This applies to both residential park tenancies and the exterior of dwellings installed under residential park site agreements [see Residential Parks Act 2007 (SA) ss 37 and 38].

Vicarious liability

The resident is vicariously liable for the behaviour of a person who is on the rented property through their invitation or with their consent. This means that the behaviour of visitors is treated as being the behaviour of the resident and can result in a breach of the agreement [see Residential Parks Act 2007 (SA) s 44].

Serious Acts of Violence

If a resident or one of their visitors is reasonably suspected of committing a serious act of violence or the safety of any person in the park is in danger then the park owner may give them notice (using Form B) to leave immediately. If there is not reasonable grounds, then the park owner can be fined.

The exclusion period is for 2 business days or if the park owner makes an urgent application to terminate the residential park agreement, for 4 days or until the South Australian Civil and Administrative Tribunal (SACAT) determines the application [see Residential Parks Act 2007 (SA) ss 95 and 96].

Residents' Committee

The residents of a residential park may elect residents from at least 5 different occupied sites in a residential park to form a residents' committee to represent the interests they have in common as residents of the park. Only a resident may be a member of the committee, and each resident has a right to nominate for election and participate in the election. Any resident who is employed or engaged by the park owner to assist in the management of the residential park may not be a member of the committee. Only one residents' committee may be formed in a residential park [s 7(2)].

A park owner (of a residential park with more than 20 fixed term site agreements in place) must ensure that the park has a resident's committee [s 7(1b)]. A park owner must not unreasonably interfere with a resident’s rights to participate in a residents' committee [s 7(1a)], and must, insofar as is reasonable, allow the use of a room within the residential park for the purposes of a meeting called by a residents' committee [s 7(5)].

If there is more than one committee purporting to exist for a particular residential park, the park owner may apply to the South Australian Civil and Administrative Tribunal for an order as to which committee (if any) is the resident’s committee [s 7(3)]. If the resident’s committee makes representations to a park owner, the park owner must consider them and respond in writing as soon as practicable and in any case within one month or longer period as allowed by the committee [ s 7(6)]. A response to any member of the committee is sufficient [s 7(7)].

Residents' Rights and Responsibilities  :  Last Revised: Fri Aug 9th 2019
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.