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]
Consumer and Business Services has developed resources for residents and park owners which can be accessed via their website.
Contacts:
Tenancies Branch
Consumer and Business Services
91 Grenfell Street
Adelaide SA 5000
Call 131 882
South Australian Civil and Administrative Tribunal
Level 4, 100 Pirie St
Adelaide SA 5000
Call 1800 723 767
Email sacat@sacat.sa.gov.au
Legal Services Commission
159 Gawler Place
Adelaide SA 5000
Call 1300 366 424
Relevant forms can be downloaded from the SA Government Residential Parks website.
What agreements are covered by the Act?
The Residential Parks Act 2007 (SA) only applies if the park is your principal place of residence (for example, if it is your address on the electoral roll) [see ss 5(1), 5(2)].
The Residential Parks Act 2007 (SA) (the Act) applies to all residential park agreements where the park is your principal place of residence, including agreements (written or verbal) entered into before the Act began. Any rights and responsibilities in agreements entered into before the Act commenced, or any park rules, must comply with the Act. Any rights and responsibilities or park rules that do not comply with the Act can no longer be enforced [see Residential Parks Act 2007 (SA) Schedule 1].
However, verbal agreements entered into before the Act commenced do not have to be put into writing, and written agreements entered into before the Act commenced do not have to comply with the new requirements for written agreements [see Residential Parks Act 2007 (SA) s 10 and Schedule 1].
What agreements are not covered by the Act?
Holidays
The Residential Parks Act 2007 (SA) does not apply to people who rent dwellings or sites for a holiday. Generally, if there is an arrangement that you stay 60 days or more at a park, it is presumed NOT to be a holiday and to be your principal place of residence. If you are in fact on holiday but want to stay 60 days or more, this can be stated in the agreement to make it clear the Act does not apply [see Residential Parks Act 2007 (SA) ss 5(3) and (4)].
A park owner cannot avoid their responsibilities by stating that the accommodation is for a holiday if the park is your principal place of residence. Similarly, the park owner cannot avoid their responsibilities by making a series of separate agreements for less than 60 days (implying you are on holidays), if the park is in fact your principal place of residence [see Residential Parks 2007 (SA) ss 5(4), 5(5), 5(6)].
Other agreements
The Act does not apply to a(n):
The Act also does not apply to boarders and lodgers, agreements for sale of land and/or dwelling which includes the right for one of the parties to occupy the land and/or dwelling; nor to a mortgage agreement [see Residential Parks Act 2007 (SA) s 5(7)].
'Residential park agreements' are agreements where:
These are all considered to be residential park agreements [see Residential Parks Act 2007 (SA) s 3].
Different rules apply depending on whether the agreement is a residential park site agreement or a residential park tenancy agreement in relation to ending agreements and in relation to the park operator's rights of entry to property.
Agreements can be periodic or for a fixed term.
A fixed term agreement is for a defined period and has a set starting date and a set ending date. However, the agreement does not automatically end on the set date.
If neither the park operator nor the resident have ended the agreement in accordance with the Residential Parks Act 2007 (SA) (see Terminating an Agreement), and the agreement is not required to be re-issued (see Re-issuing agreements) then the agreement continues as a periodic tenancy [see Residential Parks Act 2007 (SA) s 17A]. Standard agreements have been produced by the Tenancies Branch of Consumer and Business Services.
A periodic agreement is for a recurring period without a fixed term (it has a starting date but no specified end date). A periodic tenancy can continue indefinitely. It goes on recurring automatically until something is done by the parties to end it. The length of the 'period' of a periodic tenancy is the length of time between rental payments under the agreement. For example, if rent is payable fortnightly, the 'period' of the tenancy is a fortnight; and if rent is payable every calendar month, the 'period' is a calendar month. The length of the period is important when ending the agreement (see Terminating an Agreement).
A fixed term agreement for 90 days or less (called a fixed short term agreement) is assumed to be periodic. That is, the rules for ending the agreement are those applying to periodic tenancies, not fixed term agreements. In this case, the 'period' of the tenancy is the length of the fixed term. For example, if the agreement allows you to rent for 60 days, then the recurring 'period' of the tenancy is 60 days.
There are two exceptions to the rule that fixed short term agreements are treated as if they are periodic. The agreement will not be treated as periodic if the resident genuinely wants an agreement ending at the end of the fixed short term and the term was fixed at the resident's request. The other situation is where the park operator gives the resident a proper notice containing a warning that the resident cannot expect the agreement to continue after the set date and the resident signs the notice [see Residential Parks Act 2007 (SA) s 4].
Under the Residential Parks Act 2007 (SA), all residential park agreements must [s 10]:
Failure to meet any of these requirements can result in an expiation notice of $1,200 or a fine of up to $25,000.
The park owner must provide the resident with a copy of the agreement within certain time frames after it is signed [s 11]. Failure to do so can result in an expiation fee of $2,000 or a fine of up to $35,000.
The park rules are automatically considered part of any residential park agreement and the park owner must ensure that a copy of the rules is included with the residential park agreement [s 12]. Failure to do so can result in an expiation fee of $1,200 or a fine of up to $25,000.
Any cost incurred preparing an agreement is the responsibility of the park owner [see Residential Parks Act 2007 (SA) s 13].
There are pro-forma residential park agreements available from the SA Gov- Forms and Factsheets for Residential Park Tenancies website.
Disputes
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 cannot 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 $25,000 [see Residential Parks Act 2007 (SA) s 17].
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.
Park owners must provide certain information to residents before or at the time the park owner and resident enter into the agreement [s 14]. In addition, in the case of residential park site agreements, the park owner must provide the information at least 14 days before entering into the agreement (unless it is for a short term and the resident has, by notice in writing, waived the requirement) [s 14 (1a) and (1b)].
This includes:
If the park owner changes, the new owner must notify the resident in writing of the change of details within 14 days. If this information is not provided, an expiation fine of $1,200 may be imposed or a fine of up to $25,000.
[See Residential Parks Act 2007 (SA) s 14].
The park operator is required to:
See Residential Parks Act 2007 (SA) ss 11, 24, 28, 31-35.
If the park owner does not comply with some of these responsibilities then they can be fined, see the Residential Parks Act 2007 (SA) for more detail.
NOTE: The above details are not a complete list of the park operator's rights and obligations under the Residential Parks Act 2007 (SA)
A park owner is under an obligation to repair and maintain the rented property and common areas in a reasonable state. Any damage from ordinary wear and tear is the park owner's responsibility to repair.
The resident must notify the park owner of any damage that has occurred, whether it be their fault or through ordinary wear and tear. A resident must not deliberately or negligently cause damage to either the rented property or common areas and if they do the repairs must be paid for by the resident. This applies to damage caused by themselves or their visitor. The resident can be refunded for emergency repairs that are undertaken by a licensed tradesperson as long as the damage was not their fault and they attempted to contact the park owner [see Residential Parks Act 2007 (SA) ss 35 and 36].
The Residential Parks Act 2007 (SA) specifies what rules the park owner may make about the use, enjoyment, control and management of the park. The park owner or operator of a residential park may make rules about [s 6]:
Under the regulations, the park owner may make rules about how many people may reside on the rented property with the resident and the use of the rented property for business purposes [reg 6].
A park owner may change the park rules. A change only takes effect when each resident has been given 14 days written notice of the change. If there is a residents' committee, the park owner must consult and consider the views of the committee in relation to any proposed rule change [see Residential Parks Act 2007 (SA) s 8].
A resident may make an application to the South Australian Civil and Administrative Tribunal SACAT for an order declaring a park rule to be unreasonable. This application must be a joint application made by residents from a majority of the occupied sites in the park [see Residential Parks Act 2007 (SA) s 9].
A park owner has different rights of entry to the rented property depending on whether the agreement is a residential park tenancy agreement or a residential park site agreement.
Residential park tenancy agreement rights of entry
The park owner can only enter the rented property:
See Residential Parks Act 2007 (SA) s 40.
Residential park site agreement rights of entry
The park owner can only enter the rented property:
See Residential Parks Act 2007 (SA) s 41.
NOTE: A park operator does not have any other rights of entry to the rented property.
The resident is required to:
[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].
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)].
The Residential Parks Act 2007 (SA) sets out certain criteria for the payment of rent and bond, increases to rent and record keeping for rent. The park owner can only require one bond to be paid which can not be more than four weeks' rent. Money received as a bond must be receipted within 48 hours. All bonds must be paid into the Residential Tenancies Fund using a Residential Park Bond Lodgement Form within seven days of receipt [see Residential Parks Act 2007 (SA) s 27 and 28].
Whether or not a bond is paid, the Act applies to all residential park agreements in South Australia.
At the beginning of the agreement a resident can also be required to pay the first two weeks' rent. If two weeks' rent is paid at the start of the agreement, no more rent is due until those two weeks have passed. Rent can not be collected at the rented premises, unless the alternative has been refused by the resident. Receipts must be provided for rent paid within 48 hours, unless rent is paid into a bank account and written records are maintained.
Besides a bond and two weeks' rent in advance, the park owner cannot ask for any other money at the start of the agreement [s 18].
The park owner can also not require any payment from a tenant to extend or renew an agreement [s 18].
Rent can only be increased if written notice has been given. Increases in rent can be excluded or limited by the residential park agreement, if the agreement is for a fixed term rent can not be increased during the term unless specifically agreed.
The park owner can increase the rent:
See Residential Parks Act 2007 (SA) s 21.
Rent can be reduced by agreement and can occur on a temporary basis.
Residents can apply to the South Australian Civil and Administrative Tribunal SACAT within 30 days of receiving notice of a rent increase for a determination that the proposed rent increase is excessive. SACAT can fix the amount of rent payable for that property and the length of time the rent will stay at that amount [see Residential Parks Act 2007 (SA) s 22].
If at the end of the residential park agreement the park owner and resident agree on how the bond is to be repaid then the Residential Park Bond Refund Formneeds to be signed by both parties and filed at the Tenancies Branch of Consumer and Business Services.
Disputed Bonds
If one party has not signed, the form should still be lodged and the other party will be given 10 days to provide a written notice of dispute. If this is not received then the bond will be paid according to the applicant's wishes.
If no agreement can be reached then the dispute can be conciliated or mediated to try and reach a negotiated agreement or the South Australian Civil and Administrative Tribunal SACAT can decide how the bond is to be disbursed.
[See Residential Parks Act 2007 (SA) s 29].
If your site is not individually metered for water or gas, the park owner cannot charge you separately for these services. However, any costs for providing the site to you can be included in the amount you are charged for rent.
If your site is separately metered for water or gas, the park owner can make it a term of your residential park agreement that you can be charged separately for these services [Residential Parks Act 2007 (SA) s 43(2)]. Even if your site is not separately metered for electricity, the park owner can require you to pay an amount for electricity if they provide you with an account specifying how much you are being charged for the supply and how that amount was calculated [s 43(4)]. Similarly, if bottled gas is supplied to you by the park owner, you can be charged separately for the amount of gas you use, if this is a term of your agreement [s 43(2)(d)].
You can request the park owner to give you details of the charges for water, electricity, gas or bottled gas, including details of the period of time the charges relate to, the amount used and the amount of the charges. If this information is not provided, you do not have to pay the charges claimed by the park owner [Residential Parks Regulations 2022 (SA) reg 6(2)].
A residential park agreement can also include a term that allows the park owner to charge a fee if you have an overnight visitor (the amount must be stated in the agreement). A fee can only be charged for overnight visitors if your agreement includes such a term [reg 6(1)(a)].
Sub-Letting
A resident may enter into a sub-letting agreement with another person either in writing or orally when:
The park owner can also make a park rule declaring that no sub-letting agreements can be made by residents.
[See Residential Parks Act 2007 (SA) s 51].
Assignment
An effective assignment of the resident's interest in a residential park agreement results in another person taking over the lease of the site or dwelling. This means that the resident is no longer liable under the agreement. An assignment can be verbal or written and must have the park owner's written consent.
A resident should ensure that they get consent because if they don’t they may still be considered liable under the agreement, or the park owner could terminate the agreement. A park owner can not unreasonably withhold consent and will be assumed to have consented if they do not respond within seven days of receiving a written request for consent with the assignee's full details. Always seek advice before entering into an agreement assigning your interest to another party.
At least 14 business days before an assignment, the resident assigning their interest or a person authorised to act on their behalf must advise the assignee to contact the park owner to request the prescribed information [s 48(12)]. Failure to do so can result in an expiation fee of $1,000 or a fine of up to $25,000. It is a defence to prove the defendant believed on reasonable grounds that the assignee had already contacted the park owner to request the prescribed information. A park owner must provide the prescribed information within 7 business days after receiving the request, or such longer period as may be agreed. Failure to comply with these provisions does not, however, invalidate an assignment.
[See Residential Parks Act 2007 (SA) s 48].
A resident owns a dwelling and enters into a residential site agreement with the park owner. The fixed term of the agreement is for four years. After two years the resident decides to sell the dwelling. The resident has the right to sell the dwelling but must first inform the park owner of their intention to sell, before putting up a for sale sign. The resident must also obtain the park owner's written consent to assign and effectively transfer the residential site agreement to the buyer of the dwelling.
[Residential Parks Act 2007 (SA) ss 48 and 50].
The Residential Parks Act 2007 (SA) specifies when and how a residential park agreement can end, and what length of time is required to be provided as notice. The amount of notice required depends on what type of agreement it is (site or tenancy and periodic or fixed term), who is terminating the agreement and why they are terminating the agreement.
Termination by the park owner: site agreement:
See Residential Parks Act 2007 (SA) ss 68-73.
Termination by the park owner: tenancy agreement:
[See Residential Parks Act 2007 (SA) ss 56-62].
Termination by the resident: site and tenancy agreement:
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.
A residential park agreement can be terminated if:
See Residential Parks Act 2007 (SA) s 52.
If the rented property is subject to a housing improvement notice then the park owner can only terminate on a specified ground and only if authorised by SACAT.
Either the park owner or the resident can give written notice (using Form B or Form B1 respectively) to the other for termination due to a breach of the residential park agreement. The breach must be remedied within the specified time on the notice, or the agreement is terminated.
If the breach is in relation to unpaid rent, the notice is ineffectual unless the rent was in arrears for at least 7 days prior to the notice being issued.
If the breach is in dispute, the resident or park owner may apply to the South Australian Civil and Administrative Tribunal SACAT for an order declaring that they are not in breach or have remedied the breach and that the agreement can not be terminated or, alternatively, reinstating the agreement. SACAT can also reinstate the agreement, despite a valid termination for a breach, on the basis of it being just and equitable [see Residential Parks Act 2007 (SA) ss 56, 63, 68 and 74].
If the tenant does not give up possession of the property after the specified time period and the termination is valid the park owner can apply to SACAT for an order of possession. This order can only be enforced by a baliff of SACAT [see Residential Parks Act 2007 (SA) ss 83 and 87].
Both the park owner and the resident can terminate if the other party has breached a term of the agreement and has already breached the same term, at least twice before [see Residential Parks Act 2007 (SA) ss 57, 64, 69 and 75].
A park owner can terminate the residential park agreement immediately because of serious misconduct by the resident or their visitor (using Form B). Serious misconduct includes intentionally or recklessly causing or permitting, or likely to cause or permit personal injury, serious damage to property in the residential park, or serious interference with reasonable peace, comfort or privacy of another resident or person residing in the immediate vicinity [see Residential Parks Act 2007 (SA) s 70].
If a resident is reasonably suspected of committing a serious act of violence or the safety of any person in the park is in danger and the park owner has served an exclusion notice (Form E) on them excluding them from the park. Then the park owner can make an urgent application to the South Australian Civil and Administrative Tribunal SACAT to terminate the residential park agreement. This application must be made during the exclusion period [see Residential Parks Act 2007 (SA) s 97].
After giving the appropriate notice (using Form C), termination of a periodic tenancy agreement for a residential park tenancy agreement can also occur due:
[See Residential Parks Act 2007 (SA) ss 59-62, 65 - 67, 71-73, 76-78].
If a breach has occurred that justifies the termination of the agreement both the park owner and the resident can apply to the South Australian Civil and Administrative Tribunal SACAT to terminate the agreement and make an order for repossession of the rented property.
Termination can also be justified by SACAT if the continuation would cause undue hardship to either the park owner or the resident. SACAT can make an order compensating a park owner or resident for loss or inconvenience caused by the early termination of the agreement [see Residential Parks Act 2007 (SA) ss 79-81].
If the resident does not leave after termination
The park owner can apply for an order of possession from SACAT if the resident does not vacate the rented property after termination. The resident may also be liable to pay compensation for any loss incurred for failing to comply with an order [see Residential Parks Act 2007 (SA) s 83].
Response for enforcing resident’s rights
If the park owner makes an application to terminate the residential park agreement or for repossession of the property and SACAT finds that the park owner was even just partially motivated to make the application due to the resident complaining to a government agency or trying to enforce their rights, then SACAT can refuse the application and/or reinstate the residential park agreement [see Residential Parks Act 2007 (SA) s 88].
A park owner can apply to the South Australian Civil and Administrative Tribunal SACAT for an order for possession when the rented property has been abandoned. The resident is also liable for any loss caused by the abandonment. However, the park owner must mitigate their loss [see Residential Parks Act 2007 (SA) s 84].
If personal property has been abandoned on site by the resident then the park owner must deal with it in accordance with the procedure stated in the legislation. The nature of the abandoned property will dictate what the park owner can do with it [see Residential Parks Act Act 2007 (SA) s 90-94]. See'Personal property'.
Deciding if a property has been abandoned
The following considerations are taken into account:
See Residential Parks Act 2007 (SA) s 84.
Repossession of rented property
No one can enter a rented property to take possession of it before or after the end of a residential park agreement unless the resident abandons it, voluntarily gives up possession or the person is authorized by order of a court or SACAT. Only a bailiff of SACAT can enforce an order of repossession [see Residential Parks Act 2007 (SA) ss 85 and 87].
There is a specific procedure to deal with personal property that has been abandoned by the resident. Any perishable items can be immediately thrown out, and so can any items whose value is less than the fair estimate of the cost of removal storage and sale of the property [see Residential Parks Act 2007 (SA) s 92].
Valuable Property
Valuable property is any property that the value is more than the cost of removal storage and sale. Any valuable property needs to be dealt with in a specific way. Notice must be given to the former resident and the property must be kept safe for 28 days (using Form I). Reasonable costs must be paid by the owner of the property to reclaim the property. If the property is not claimed within 28 days then the property may be sold at a public auction. The park owner may only keep the funds from this sale to cover the reasonable cost of dealing with the abandoned property and any amounts that are owing under the residential park agreement. The balance is to be paid to the owner of the property, or if they can not be found, to the Residential Tenancies Fund [see Residential Parks Act 2007 (SA) s 92].
Personal Documents
The park owner must notify the former resident and hold the documents for 28 days. If not claimed then they can be destroyed [see Residential Parks Act 2007 (SA) s 93].
Abandoned dwellings
If the former resident has abandoned a dwelling at the site, then the park owner must keep it safe and must apply to the South Australian Civil and Administrative Tribunal SACAT for an order of possession. After this order has been received then the park owner must comply with the same procedures described above [see Residential Parks Act 2007 (SA) s 94].
Disputes can be resolved in a few different ways. A person involved in a dispute can contact the Tenancies Branch of Consumer and Business Services. They can assist in conciliating the dispute. Or, an application can be made to the South Australian Civil and Administrative Tribunal SACAT for a particular order.
Some disputes can be sent to mediation to help the parties negotiate a solution to their dispute. Mediators can make consent orders which are the same as if the South Australian Civil and Administrative Tribunal (SACAT) had made the order. Or, the dispute may go to a hearing at the Tribunal.
Disputes can be resolved by:
The South Australian Civil and Administrative Tribunal (SACAT)
The South Australian Civil and Administrative Tribunal (SACAT) has exclusive jurisdiction to hear and determine a residential park dispute.
The Tribunal can not hear claims for money over $40,000 unless both parties consent in writing. Once consent is given it cannot be revoked (taken back).
If there is no consensus for the Tribunal to hear a claim for over $ 40,000 then it must be heard in a court with jurisdiction to hear the matter [see Residential Parks Act 2007 (SA) s 103].
SACAT can make many different orders after one of the parties has lodged an application [see Residential Parks Act 2007 (SA) s 116]. The hearings are informal and the parties can usually attend and represent their cases themselves. SACAT also has the power to issue a restraining order to a resident or their visitor, on an application by the park owner, if there is a risk of serious injury or damage occurring. Breaching this restraining order is an offence and attracts up to one year imprisonment.
See also 'RESOLVING TENANCY DISPUTES'.
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