The grounds for terminating a Moveable Dwelling Agreement (an agreement where you rent a park-owned dwelling and site, or a site to put your own caravan or campervan without a rigid annexe) are as follows:

Notice without reason

During the fixed term period:

If it is just before your fixed term is about to end you can give at least 14 days notice to end your Moveable Dwelling Agreement with no reason. The notice can be served up to and including the day your Agreement ends. The last day of your notice should not end before the last day of the fixed term. For example, if you had a six months fixed term Agreement which ends on 1 December, the date you put on your termination notice as the day you want to end the tenancy cannot be before this date. It must be on or after 1 December.

After the fixed term period:

If you serve your termination notice after the fixed term period has ended, you must give at least 21 days notice. The park owner in this case must give you at least 60 days notice if wishing to end your Agreement.

Falling behind in rent payments

If you fall behind in rent payments for 14 days or more, the park owner may serve you notice of at least 14 days.

Breach of agreement

Either party may give at least 14 days notice to end the tenancy if a term of the Agreement is seriously and continuously broken by the other party. The notice must state which term/s has been broken. This 14 day notice can be given regardless of whether the fixed term has ended or not.

Park owner sells the park

If the park is sold and the sale contract requires that the dwelling should be empty before the settlement can take place, the park owner must give you at least 30 days notice (after the contracts of sale have been entered into). This notice can apply only after the fixed term has ended.

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Grounds for termination of a Residential Site Agreement (an agreement to rent a site for your own manufactured home, or caravan or campervan with a rigid annexe) are as follows:

Notice without reason

The resident can end the Agreement by giving at least 30 days notice except during the fixed term of your Agreement.

Breach of agreement

The resident may give at least 14 days notice to end the tenancy if the park owner seriously and continuously breaks a term of the Agreement. The notice must state which term the park owner has broken. This 14 day notice can be given regardless of whether the fixed term has ended or not.

Park owner ends the Agreement

It is important that you know and understand your rights if this happens. The park owner can only end your Residential Site Agreement for the following reasons:

• Falling behind in rent payments - if you fall behind in rent payments by 14 days or more, the park owner may serve you notice of at least 14 days.
• Breach of agreement - if you have seriously or repeatedly broken the Agreement the park owner may serve you notice of at least 14 days.
• If your home is badly run-down - if you allow the condition of your dwelling to deteriorate, the park owner may give you a notice directing you to fix the problem as follows:
  • firstly, a notice directing you to repair your home within 90 days
  • a further notice of 30 days if you have not fixed the problem
  • if the dwelling has still not been improved you may receive a termination notice of at least 60 days.
• If the site you are renting is no longer fit to live on (eg. flooded) or the site is not lawfully useable for living on - Immediate notice may be given. You may be paid compensation if the park owner gives you notice to terminate your Agreement because the site is no longer lawfully useable for a residence, providing you were not aware that the site was not lawfully useable.
• If the site you rent is no longer to be used as a residential site - if the park owner wants to use your site for something other than for a residence, you can be given no less than 12 months notice.
• You are entitled to compensation if your tenancy is terminated for this reason. However, you can't get compensation if your site is within a Crown reserve, and:
  • you were told when you signed your Agreement that you couldn't get compensation if this happened, and
  • your residential site in a Crown reserve will be used for a public purpose.
• When the park owner has been ordered to carry out repairs & upgrading to the site - a minimum 90 day termination notice may be given to you if the park owner has been told by the local council to make your site available for repairs or upgrading. You cannot, however, be asked to move out before the end of the remaining fixed term period of your Agreement. You are entitled to compensation if the park owner gives you notice to leave the site for this reason.

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Should a park owner seek to terminate a residential site agreement to take possession of residents’ sites for the purpose of re-developing the park or changing its use, the following new laws apply:

• Twelve months notice must be given.
• Development approval must be obtained before a valid notice of termination can be given.
• If development approval is not needed, consent of the CTTT will first have to be obtained before a notice of termination can be given.
• The park owner will have to advise the Department of Housing when issuing a notice of termination.
• The notice of termination is to include specific information about residents’ rights:
  • that the resident is not required to vacate until ordered to do so by the CTTT and
  • that the resident may be entitled to compensation which is payable before the resident is required to leave.
• The CTTT is not to make an order of possession unless satisfied that compensation has been determined, the park owner has agreed to buy the residents' home or the parties have reached an acceptable settlement.

Moveable Dwelling and Residential Site Agreements are legally binding contracts which cannot be easily broken.

If you believe that you cannot stay in the premises or site for the full term of the Agreement or continue to pay the rent, you should notify the park owner or manager as soon as possible. You may also apply to the Tribunal to end the Agreement early if you are facing personal hardship, but you may have to pay compensation to the park owner.

If you break an Agreement early you must pay:

• the rent until another resident is found and begins their tenancy or until your Agreement ends, which ever occurs first
• reasonable advertising costs.

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A notice of termination is a document that tells the other party when the tenancy will be ended and why. There are strict rules about what must be written in a termination notice to make it effective.

A notice of termination must:

• be in writing
• state the address of the site/premises
• be signed and dated
• allow the required period of time
• give the date on which you intend to move out or the park owner wants you to move out
• give reasons for ending your Agreement (where applicable)
• the park owner must include a statement that a resident does not have to vacate until an order of the Tribunal has been made and that compensation may be payable and information about tenancy rights.

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It is very important that you serve your notice correctly, otherwise it may be considered invalid. You must not put the notice under a door, pin it to a door, or leave it in a letter box. You must serve the notice in any of the following ways:

• give it personally to the resident, park owner, manager or to a person who ordinarily pays or receives the rent (this person must appear to be at least 16 years old). It is advisable to take a witness with you when serving a notice of termination.
• deliver it to the premises and leaving it with someone who is of or above the age of 16. Again, it is advisable to take a witness with you when serving a notice of termination.
• send it by fax to the park owner or manager
• post the notice (allow four working days for posting) to the premises or the park owners usual place of residence or business.

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The park owner may have to pay you compensation if the Tribunal makes an order for you to leave the site following a termination notice for any of these reasons:

• change of use
• repairs and upgrading
• relocation
• the park owner's hardship, or
• where the site is not lawfully useable as a residential site.

The amount of compensation will depend on the 'reasonable costs' of:

• removing your home from the site (including the cost to disconnect telephone, electricity, etc.)
• transporting your home and possessions to the new site (relocation), or to your new location (up to 500 kms), or disposing of it
• repairing any damage to your home that happened during the relocation (up to its original value)
• landscaping your new site to the same condition as your old one
• installing your home on the new site and connecting any services

If compensation is awarded by the Tribunal, you do not have to vacate until you have been paid in full.

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