To a residential park tenancy agreement

Before your tenancy begins, it is important to be clear about your rights and obligations. The laws are designed to ensure that both you and the park owner know what to expect from each other right from the start. Making the rules clear from day one helps to avoid disputes down the track.

Before you sign an agreement, the park owner must give you the following items:

• an agreement which includes a premises or site condition report; the terms of the agreement and the condition report must be already filled out by the park owner, so you may read it and seek advice before signing
• a copy of the Residential park living booklet
• a list of park rules
• a list of all fees and charges (eg. entry costs) that you will have to pay upon signing the agreement, and
• the answers to a set of questions listed below
• a document explaining that the occupation involves a tenancy which may come to an end at some time in the future.

You should make sure that you have the right kind of agreement for your tenancy. Before you sign, read thoroughly the terms and conditions of the agreement.

Disclosing false or misleading information to incoming or existing residents is an offence and carries a maximum penalty of $2,200. Any advertising material directed to prospective park residents must spell out the tenancy nature of the arrangement and the fact that there are no perpetual occupation rights.

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Before you enter into either a Residential site agreement or Moveable dwelling agreement, the park owner must give you certain written information which answers a range of questions about park. It should highlight important facts for you as a prospective resident and enable you to make a quick comparison between what is being offered by a number of residential parks in the area you want to live. 

The following is a list of questions which need to be answered in the written information provided to you.

1. What restrictions are there? The answer to this should cover: 
   • having someone else live in the premises
   • having visitors, including overnight or short-stay guests
   • car parking
   • pets
   • other?
2. Are there any restrictions on the type of home I might like to put in the park?
3. What can I put on the site besides my home, eg. carport or garden shed? The answer to this should take into account:
   • what the owner allows
   • what the local council allows
   • what the Local Government Regulations allow
4. If the park is sold, what protection do I have?
5. Will I have to pay any additional charges and, if so, what are they?
6. If I wish to sell my home at a later date, will there be any restrictions on the sale process, in particular any prohibition on sale?
7. Is the park currently authorised under the Local Government Act and, if so, are there any restrictions?
8. What facilities are available for the delivery of my mail?
9. Are there any restrictions on the use of common facilities? If so, what hours are they available and who may use them? Are there any other restrictions on the use of these facilities?
10. Is the park owner aware of any arrangement or restriction on the use of the park by the owner or resident either now or in the future?
11. What is the size of the relevant residential site?
12. Has any development application been made during the past 5 years under the Environmental Planning and Assessment Act 1979 for the redevelopment of the park or for a change of use of the land on which the park is situated?
13. Have notices of termination been given to any residents during the past 12 months in connection with any proposed redevelopment of the park or any proposed change of use of the land on which the park is situated?
14. Would the park owner be prepared to buy the resident’s moveable dwelling if the resident were to decide to live elsewhere?
15. Is the park situated within a Crown reserve or a National Parks and Wildlife reserve?
16. What arrangements exist for the supply of energy to the residential site, and at what cost to the resident will energy be supplied?

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You may be asked to pay the following fees and charges when you enter into an agreement to live in a residential park:

• a reservation fee - no more than one week's rent to reserve the dwelling or site before you commit to an agreement. This fee becomes your first week of rent if the tenancy goes ahead
• up to two weeks rent in advance
• half the cost of preparing your agreement, to a maximum of $15
• fees for any boom gate key or other park entrance security device if you have not paid a rental bond (a maximum of $25 per key or device)
• security deposits or rent in advance, for use of any gas, electricity, or telephone service supplied by the park owner
• registration costs payable to the Land and Property Management Authority on agreements for longer than 3 years.

Do you have to pay a rental bond?

This is up to the park owner but if a bond is payable you should not pay more than an amount equivalent to four weeks rent.

The park owner must lodge your bond money with Fair Trading within 10 days after you give it to them. Once the bond is lodged you will receive a notice from Fair Trading showing your rental bond number and the amount of money paid.