You generally have the right to live in your home on the rented site for as long as you like. It doesn’t matter if the fixed term period has expired, your site agreement can only end in limited situations. This could be because:
- you have seriously or persistently breached a term of your site agreement
- you are at least 30 days behind with your site fees
- the operator needs the premises vacated to carry out repairs or an upgrade ordered by the local council or another authority
- the community must be closed for use other than as a land lease community
- the NSW Civil and Administrative Tribunal accepts that your particular site needs to be used for another purpose
- your site, or the whole community, is to be compulsorily acquired by a Government agency, for example to built a road
- your site is not lawfully usable as a residential site
- nobody has used your site as a residence for at least 3 years or there is good evidence that your home has been abandoned
- there has been serious misconduct by you. Examples include you using the site for an illegal purpose (for example, manufacturing drugs) or causing injury or serious damage to people or property in the community.
How does the eviction process work?
To evict you from your site, the operator must give you an approved notice to terminate form (PDF, 194.56 KB). This form sets the minimum notice periods based on why the operator wants to end your agreement. The operator must comply with these notice periods.
If you are still living in your home at the end of the termination notice period, the operator can apply to the Tribunal for a possession order. If the Tribunal agrees, it will decide a new date for you to vacate. If you do not comply with this, the operator can obtain a warrant for possession and ask a Sheriff’s Officer to remove you from the community. It’s against the law for the operator to attempt to recover possession of the site other than by following this process and heavy penalties can be imposed.
What can I do if I disagree with a termination notice?
If you have a dispute about the notice itself, or how it was served, you can apply to the Tribunal to resolve the matter. You can also apply to the Tribunal if you believe that the notice was given to you as retaliation for exercising your rights.
Are there any alternatives to termination?
Yes. You and the operator can agree to relocate your home to another site in the community or to another land lease community operated by the same operator within a reasonable distance. To start this process, the operator can give you a ‘relocation notice’ suggesting a proposal and giving you 90 days to think about it. If you agree to be relocated, the operator will pay the relocation costs. A new site agreement under must be entered into. If you do not agree within the time specified the operator can issue a termination notice.
Can I be forced to relocate?
No. It’s your choice whether you want to relocate to another site or to another land lease community.
Do I get compensation if my agreement is ended?
The operator must pay you compensation if your site agreement is terminated for any of the following reasons:
- closure or change of use of the community
- for repairs and upgrades
- compulsory acquisition by a Government authority
- the land is not authorised for use as a residential site (unless you knew this from the beginning).
How much compensation am I entitled to?
This will depend largely on what you choose to do with your home. If you move your home to another land lease community owned by a different operator, you are entitled to receive the costs of:
- removing your home from the site and disconnecting any services
- transporting your home and your possessions to the new site
- installing your home on the new site and connecting services
- repairing any damage to your home caused by the move
- landscaping the new site to the same standard as your current site
- after the relocation is complete, any reasonable extra costs not covered by the above.
If you cannot or do not want to relocate to another community you are still entitled to compensation. Your site agreement may specify what compensation is payable in this situation. If your agreement does not cover this matter, then the operator must pay compensation for the loss of your residency and for your relocation expenses.
If you decide to keep your home and sell it off site or use it for another purpose, the value of the home cannot be factored into the compensation. If you don’t want to keep your home, you should transfer ownership of the home to the operator in return compensation. If you’re unable to agree with the operator on an appropriate amount of compensation, you can apply to the Tribunal for an order to settle the dispute.
Does the operator need to help me find another site?
If you’re given a termination notice for closure or change of use, the operator must try to help find you new accommodation, unless you tell them you do not need their help. The alternative accommodation must be around the same standard and cost as your current residential site and be acceptable to you. It could be a vacant site in another land lease community. The Tribunal will look at the efforts of the operator to help you in any termination proceedings.