Rights of park residents 

What is a 'residential park' and which laws apply? 

Residential parks include caravan parks, manufactured home estates and establishments often called ‘mobile home villages’ or ‘relocatable home parks’.

The laws that apply are the:

• Residential Parks Act 1998
• Residential Parks Regulation 2006

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When are you covered/not covered by the laws? 

Subject to certain exceptions, you are covered immediately if you sign an agreement to rent:

• a site only, or
• a site and dwelling (a trial period sometimes applies).

The laws do not apply:

• if the park is not your principal place of residence, or
• you are renting a site or a home for holidays.

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Crown reserves and National Parks and Wildlife reserves 

Many reserves are located in coastal areas and may be leased to private sector operators or managed by local councils, or private trusts. Both the Residential Parks Act 1998 and Residential Parks Regulation 2006 apply although there are some exceptions for these tenancies such as restrictions on selling your home on-site and in transferring your tenancy agreements to others.

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Trial period 

A trial period applies only if:

• you rent a site for your caravan or campervan (without a rigid annexe), or
• you occupy a dwelling of this type belonging to the park owner.

You may use this period to check out whether the park facilities and the site are what you want. The park owner may also want to have a trial period before deciding to accept you as a resident.

You are not generally covered by the laws for the first 30 days of your tenancy. The trial period may be extended for another 30 days if you or the park owner notifies the other person. If you continue to remain after 60 days, the law will apply automatically. After the 60 days, a Moveable dwelling agreement must be signed by both of you.

If you and the park owner agree, the laws may apply from the first day of occupation. The agreement should be in writing and a Moveable dwelling agreement must be signed by both of you.

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