The law requires you and the park owner to sign an agreement if you are going to be a permanent resident of the park. You should read the agreement before the beginning of the tenancy to help you understand your rights and responsibilities. This may help to minimise problems between you and the park owner throughout your tenancy.
It is an offence with a maximum penalty of $1,100 for a park owner not to give a resident a written agreement. However, if there is no agreement the park resident will still have the full protection of the law.
The agreement consists of two parts:
You should sign a Residential site agreement if you rent:
Residential site agreements are available from the Fair Trading website and can be downloaded in PDF format.
You should sign a Moveable dwelling agreement if you rent:
Moveable dwelling agreements are available from the Fair Trading website and can be downloaded in PDF format.
You should sign an Agreement for residential sites or moveable dwellings in national parks if you rent:
This agreement is called a Schedule 5 Standard form Agreement for residential sites or moveable dwellings in national parks and is also available for download from the Fair Trading website in PDF format.
A condition report is a written record that shows the condition of the dwelling or site at the start of your tenancy. When your tenancy begins, a condition report must be completed by both you and the park owner.
There are three types of condition reports applicable to residential park tenancies:
The park owner should give you two copies of the relevant condition report before you sign an agreement. You must complete both copies and return one to the park owner within 7 days of signing the agreement. Together, the terms of the agreement and the condition report form the agreement.
The condition report includes a space where facilities provided in the park, the amount of electricity supply to the site and quantity of gas where cylinders are provided by the park can be listed. You should check that the level of supply available is sufficient to operate your appliances, air conditioning, etc.
A fixed term is the set period of time that the park owner will allow you to stay on a site or in a dwelling or both. The fixed term ends on a specified date. The length of the fixed term may be weeks, months or years as negotiated between the park owner and resident. After the fixed term has ended, the agreement automatically becomes a continuing agreement. Your tenancy and the terms of the agreement will still continue until the tenancy comes to an end.
Additional terms may be added to your agreement as long as:
If you sign an agreement for a tenancy of more than 3 years the park owner must register it with the Land and Property Management Authority. Your agreement must be in the proper form for it to be registered under the Real Property Act 1900. You may have to pay the registration charges yourself. The front page of the moveable dwelling and residential site agreements should state clearly that the tenancy is for more than 3 years.
An alternative to signing a new agreement with the park owner is to have the previous resident's site rental agreement assigned to you.
More information about transferring tenancy agreements can be found on the Sale of dwellings page on the Fair Trading website.
There are many standard terms and conditions in an agreement and cover such things as:
These terms and conditions are in the law and cannot be changed. You should read your tenancy agreement for more details about them.
|IMPORTANT - Reading this information and referring to your agreement is a good way of finding out about your rights and responsibilities. If you have other questions about them, call NSW Fair Trading on 13 32 20.|
You may sub–let your home provided you have prior consent from the park owner. If you rent the site for your own manufactured home or caravan with a rigid annexe, the park owner cannot unreasonably refuse consent to a sub–letting arrangement or transferring your tenancy. The park owner must have good reasons for not giving consent. If there is a dispute about the refusal being unreasonable, it may be heard in the Tribunal. Under the Act, owners of parks on Crown reserves or in National Parks and Wildlife reserves have the right to refuse to transfer a tenancy agreement.
If you have a moveable dwelling agreement, the park owner may refuse you consent to sub–let or transfer your tenancy. In this situation, you don't have the right to apply to the Tribunal.
If you are given permission to sub–let your home you will become a landlord to the new resident. As a landlord, your responsibility is to provide your prospective resident with information on all the rights and responsibilities that the law provides to park residents. For more information on these rights and responsibilities, go to other pages in this section.
Many residents buy a manufactured home or other type of moveable dwelling to place on a rented site in a residential park. Or the dwelling may already be on–site at the time of sale.
A contract to purchase a home is separate to the residential site agreement, and is not covered by the Residential Parks Act.
It is important to get appropriate independent legal and financial advice before entering into any contracts for the purchase of a home.
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