RESIDENTIAL PARKS ACT 2007

South Australian Current Acts

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RESIDENTIAL PARKS ACT 2007

TABLE OF PROVISIONS

Long Title

PART 1--Preliminary

1. Short title
3. Interpretation
4. Presumption of periodicity in case of fixed short terms
5. Application of Act

PART 2--Park rules and residents committees

6. Park rules
7. Residents committees
8. Amendment of park rules
9. Application to Tribunal if park rules are considered unreasonable

PART 3--Formation of residential park agreements

Division 1--Entering into residential park agreements

9A. Application of Part
10. Residential park agreement to be in writing
11. Copies of written agreements
12. Agreements incorporate park rules
13. Cost of preparing written agreement
14. Information to be provided by park owners to residents
15. False information from resident
16. Non-compliance not to affect validity or enforceability

Division 2--Discrimination against residents with children

17. Discrimination against residents with children

Division 3--Continuation or reissue of certain agreements

17A. Agreement for fixed term continues as periodic agreement if not terminated
17B. Certain site agreements to be reissued

PART 4--Mutual rights and obligations of park owners and residents

Division 1--Rents and other charges

18. Permissible consideration for residential park agreement
19. Rent in advance
20. Method of payment of rent
21. Variation of rent
22. Excessive rent
23. Park owner's duty to keep proper records of rent
24. Duty to give receipt for rent
25. Accrual and apportionment of rent
26. Abolition of distress for rent

Division 2--Bonds

27. Bond
28. Receipt of bond and transmission to Commissioner
29. Repayment of bond

Division 3--Resident's entitlement to possession and quiet enjoyment

30. Vacant possession etc
31. Quiet enjoyment

Division 4--Residential park tenancy agreement--security of dwelling

32. Residential park tenancy agreement--security of dwelling

Division 5--Access to residential park

33. Access to residential park

Division 6--Park owner's obligations in relation to condition of rented property and common areas

34. Cleanliness
35. Park owner's obligation to repair

Division 7--Resident's obligations in relation to rented property and common areas

36. Resident's responsibility for cleanliness and damage
37. Residential park tenancy agreement--alteration of rented property
38. Residential park site agreement--alterations on site

Division 8--Resident's conduct on rented property

39. Resident's conduct

Division 9--Park owner's right of entry

40. Residential park tenancy agreement--right of entry
41. Residential park site agreement--right of entry
42. Manner of exercise of right of entry

Division 10--Statutory and other charges in respect of rented property

43. Statutory and other charges in respect of rented property

Division 11--Resident's vicarious liability

44. Vicarious liability

Division 12--Harsh or unconscionable terms

45. Harsh or unconscionable terms

Division 13--Miscellaneous

46. Accelerated rent and liquidated damages
47. Duty of mitigation

PART 5--Assignment of residential park agreements

48. Assignment of residential park agreement

PART 6--Residential park site agreement--acquisition of park or site

49. Residential park site agreement--acquisition of park or site

PART 7--Residential park site agreement--sale of dwelling on-site

50. Residential park site agreement--sale of dwelling on-site
50A. Sale of dwelling following death of resident

PART 8--Sub-tenancy agreements

51. Sub-tenancy agreements

PART 9--Termination of residential park agreements

Division 1--Termination generally

52. Termination of residential park agreement
54. Termination of agreement for periodic tenancy
55. Limitation of right to terminate

Division 2--Residential park tenancy agreements--termination by parties

Subdivision 1--Termination by park owners

56. Termination for breach of agreement
57. Termination where successive breaches of agreement
58. Termination where serious misconduct by resident
59. Termination where periodic tenancy and sale of rented property
60. Termination where periodic tenancy and no specified ground of termination
61. Termination at end of fixed term
62. Termination where agreement frustrated

Subdivision 2--Termination by residents

63. Termination for breach of agreement
64. Termination where successive breaches of agreement
65. Termination where periodic tenancy and no specified ground of termination
66. Termination at end of fixed term
67. Termination where agreement frustrated

Division 3--Residential park site agreements--termination by parties

Subdivision 1--Termination by park owners

68. Termination for breach of agreement
69. Termination where successive breaches of agreement
70. Termination where serious misconduct by resident
70A. Termination where change of use or redevelopment
71. Termination where periodic tenancy and no specified ground of termination
72. Termination at end of fixed term
73. Termination where agreement frustrated

Subdivision 2--Termination by residents

74. Termination for breach of agreement
75. Termination where successive breaches of agreement
76. Termination where periodic tenancy and no specified ground of termination
77. Termination at end of fixed term
78. Termination where agreement frustrated
78A. Termination where notice given under section 70A

Division 4--Termination by Tribunal

79. Termination on application by park owner
80. Termination on application by resident
81. Termination based on hardship

Division 5--Form of notices of termination

82. Form of notice of termination

Division 6--Repossession of rented property

83. Order for possession
84. Abandonment of rented property
85. Repossession of rented property
86. Forfeiture of head tenancy not to automatically end agreement

Division 7--Enforcement of orders for possession

87. Enforcement of orders for possession

Division 8--Retaliatory action by park owner

88. Retaliatory action by park owner

Division 9--Resident to give forwarding address

89. Resident to give forwarding address

Division 10--Abandoned property

90. Abandoned property
91. Offence to deal with abandoned property in unauthorised way
92. Action to deal with abandoned property other than personal documents
93. Action to deal with abandoned personal documents
94. Action to deal with abandoned dwellings or prescribed items

PART 10--Serious acts of violence

95. Park owner may give person notice to leave for serious act of violence
96. Exclusion from park for certain period
97. Park owner may make urgent application to Tribunal
98. Occupation of rented property pending application or hearing

PART 11--South Australian Civil and Administrative Tribunal

Division 3--Tribunal's jurisdiction

103. Jurisdiction of Tribunal

Division 4--Representation of parties in mediation

110. Representation of parties in mediation

Division 5--Intervention by Commissioner

112. Power to intervene

Division 6--Amendment of proceedings

113. Amendment of proceedings

Division 7--Judgments and orders

116. General powers of Tribunal to resolve disputes
117. Special powers to make orders
118. Restraining orders
119. Conditional and alternative orders

Division 8--Obligation to give reasons for decisions

123. Reasons for decisions
123A. Time for application for review or instituting appeal

Division 10--Representation in proceedings before Tribunal

126. Representation in proceedings before Tribunal

PART 12--Commissioner for Consumer Affairs and administration of Act

132. Administration of Act
133. Ministerial control of administration
134. Commissioner's functions
135. Commissioner to maintain register
136. Annual report

PART 13--Miscellaneous

137. Contract to avoid Act
138. Notice by park owner not waived by acceptance of rent
138A. Park owner must have safety evacuation plan
139. Exemptions
140. Service
141. Regulations
SCHEDULE 1--Transitional provisions
Legislative history

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