Notice required for ending the agreement
Termination by the park owner: site agreement:
- breach of agreement (including rent arrears) : 28 days;
- successive breaches : 28 days;
- serious misconduct : immediate;
- change of use or development : 365 days (the park owner must first offer to relocate the resident to another site, to purchase the resident's dwelling or to relocate the resident's dwelling) [s 70A];
- no specified grounds – periodic agreement only : 90 days (cannot terminate where an application or order is in place in relation to excessive rent or the resident has held a right of occupancy for a total of 5 years);
- end of fixed term agreement : 28 days (cannot terminate where residential park site agreement for fixed term of 5 years or more or less where the resident has held a right of occupancy for a total of 5 years);
- agreement frustrated : immediate if rented property destroyed / uninhabitable or ceased to be lawfully usable for residential purposes. If the rented property has been acquired by compulsory process – 60 days.
See Residential Parks Act 2007 (SA) ss 68-73.
Termination by the park owner: tenancy agreement:
- breach of agreement (including rent arrears) : 14 days;
- successive breaches : 14 days, or 7 days if successive rent arrears breaches;
- serious misconduct : immediate;
- sale of rented property : periodic tenancy only : 28 days or a period equivalent to a single period of the tenancy (whichever is longer). This means that if the resident pays rent calendar monthly, the park owner would need to give a calendar month’s notice. A park owner can only use this notice if they have entered into a contract for sale of the rented property and they are required, under the contract, to give vacant possession of the rented property to the new owner;
- no specified grounds : periodic tenancy only : 60 days or a period equivalent to a single period of the tenancy (whichever is longer);
- end of fixed term agreement : 28 days;
- agreement frustrated : immediate if rented property destroyed / uninhabitable or ceased to be lawfully usable for residential purposes. If the rented property has been acquired by compulsory process : 60 days.
[See Residential Parks Act 2007 (SA) ss 56-62].
Termination by the resident: site and tenancy agreement:
- breach of agreement : 14 days;
- successive breaches : 14 days;
- no specified grounds : periodic agreement only : 21 days for a tenancy agreement, or a period equivalent to a single period of the agreement (whichever is longer) [s 65]; 28 days for a site agreement, or a single period of the tenancy (whichever is longer) [s 76]. This means that if you pay rent calendar monthly, you will need to give the park owner a calendar month’s notice;
- end of fixed term agreement : 28 days;
- agreement frustrated : immediate;
- change of use or development notice received: 28 days [s 78A].
See Residential Parks Act 2007 (SA) ss 63-78.
Where a notice is given for breach of agreement (using Form A), if the breach is not rectified within the required period (as set out on the breach notice), the agreement terminates when the notice expires. If the resident does not give vacant possession of the rented property to the park owner by the date specified on the notice, the park owner can apply to the South Australian Civil and Administrative Tribunal SACAT for an order for possession.
Other than by serving the appropriate notice, neither the park owner nor the resident can terminate a fixed term agreement until the final day of the agreement, unless they both agree. If you have a fixed term agreement and you want to leave the rented property and terminate the agreement before the end of the fixed term, discuss it with the park owner and try to come to an arrangement. It may be, however, that you will be liable to the park owner for the costs associated with finding a new resident, reletting the rented property and for any loss of rent.
Notice required for ending the agreement : Last Revised: Tue Aug 20th 2019
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