Residential Parks (Long-stay Tenants) Regulations 2007 (WA)
Western Australia
Residential Parks (Long-stay Tenants) Act 2006
Western Australia
Residential Parks (Long-stay Tenants) Act 2006
These regulations are the
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the
Gazette ;(b) the rest of the regulations — on the day on which the
Residential Parks (Long‑stay Tenants) Act 2006 comes into operation.
In these regulations —
If the land on which a residential park is situated is subdivided by a strata titles scheme under the
For the purposes of section 10A of the Act —
(a) the standard‑form agreement set out in Schedule 1 is prescribed for site‑only agreements; and
(b) the standard‑form agreement set out in Schedule 2 is prescribed for on‑site home agreements.
A written schedule of fees showing the nature and amount of all fees currently payable by a tenant to the park operator is a required document for the purposes of paragraph (e) of the definition of
(1) The following documents are inspection sheets for the purposes of section 95(2)(a) of the Act —
(a) if the long‑stay agreement is an on‑site home agreement — a property condition report in the form set out in Schedule 5 clauses 1, 2, 3 and 4;
(b) if the long‑stay agreement is a site‑only agreement — a property condition report in the form set out in Schedule 5 clauses 2, 3 and 4.
(2) If a park operator intends to enter into a long‑stay agreement with a proposed tenant in relation to proposed agreed premises, the park operator must —
(a) complete all those parts of the property condition report for the premises that record the park operator’s opinion of the condition of the premises before the commencement of the tenancy; and
(b) give 2 copies of that report to the proposed tenant.
Penalty for this subregulation: a fine of $5 000.
(3) The copies referred to in subregulation (2)(b) are required documents for the purposes of paragraph (e) of the definition of
required documents in section 11(1) of the Act.(4) Within 7 days after the tenant takes up occupation of the premises, the tenant must —
(a) complete those parts of the property condition report that record the tenant’s opinion of the condition of the property at the commencement of the tenancy; and
(b) give a copy of that report to the park operator.
Penalty for this subregulation: a fine of $5 000.
(5) As soon as practicable after the tenancy is terminated, the park operator and former tenant must each —
(a) complete those parts of the property condition report that record their opinion of the condition of the property after the termination of the tenancy; and
(b) give a copy of the report to the other party.
Penalty for this subregulation: a fine of $5 000.
(6) A person must not provide information in a property condition report that the person knows, or ought to know, is false or misleading.
Penalty for this subregulation: a fine of $5 000.
(1) For the purposes of section 12(1)(e)(i) of the Act, a park operator may charge a tenant the following types of fees for services or facilities provided by the park operator under a long‑stay agreement —
(a) fees for a person residing on a temporary basis on the agreed premises, other than a person who is a carer for a tenant on the premises, in the circumstances set out in subregulation (2);
(b) if the tenant has a separate water meter — fees for water consumed by the tenant;
(c) if the tenant has a separate electricity meter — fees for electricity consumed by the tenant;
(d) if the tenant has a separate gas meter — fees for gas consumed by the tenant;
(e) if the tenant has a separate phone line — fees for phone calls made by the tenant;
(f) fees for access by the tenant to an internet service provided to the tenant;
(g) fees for gardening services provided to the tenant;
(h) fees for storage services provided to the tenant;
(i) fees for additional parking spaces provided to the tenant;
(j) fees for the servicing of an air‑conditioning unit used by the tenant;
(k) fees for the cleaning of the gutters on the relocatable home in which the tenant resides;
(l) fees to cover the cost of a replacement key, remote control entry device or other security device.
(2) For the purposes of subregulation (1)(a), the circumstances are that the number of persons residing on the agreed premises at a particular time (excluding any person who is a carer for a tenant on the premises) exceeds the maximum number of persons who may use the agreed premises as their principal place of residence under the long‑stay agreement.
The document referred to in section 13A(2)(b) of the Act must be given at the same time as the required documents (as defined in section 11(1) of the Act) are given to the tenant under section 11 of the Act.
For the purposes of section 21(2)(b) of the Act, the amount is $260.
For the purposes of the definition of
(a) electricity;
(b) gas;
(c) water, including the supply of hot water;
(d) sewerage, a septic tank or other waste management treatment;
(e) a functioning refrigerator, if supplied with the agreed premises.
For the purposes of section 32R(3) of the Act, the park operator must give the tenant the written notice on a day that is —
(a) for a site‑only agreement —
(i) if the tenancy period is 2 years or less — at least 60 days before the end of the tenancy period; or
(ii) if the tenancy period is more than 2 years — at least 180 days before the end of the tenancy period;
or
(b) for an on‑site home agreement — at least 60 days before the end of the tenancy period.
(1) A default notice for non‑payment of rent —
(a) may be (but is not required to be) in the form set out in Schedule 9 Division 1; but
(b) for the purposes of section 37(c) of the Act, must contain the information set out in Schedule 9 Division 1.
(2) A default notice for any other breach of a long‑stay agreement —
(a) may be (but is not required to be) in the form set out in Schedule 9 Division 2; but
(b) for the purposes of section 37(c) of the Act, must contain the information set out in Schedule 9 Division 2.
For the purposes of section 38(2) of the Act, a notice given under section 45A(1) of the Act must be in the form set out in Schedule 10.
For the purposes of section 45A(2)(d)(vi) of the Act, the following are prescribed —
(a) a person in charge of an Aboriginal legal, health or welfare organisation;
(b) an officer as defined in the
Children and Community Services Act 2004 section 3 who is authorised for the purposes of this paragraph by the CEO as defined in that section;(c) a person employed as a family support worker by another person with whom the Minister administering the
Children and Community Services Act 2004 has entered into an agreement under section 15 of that Act.
For the purposes of section 47A(b) of the Act, a caravan in relation to which a notice has been given under the
For the purposes of section 48(4)(b)(i) of the Act, a notice or a summary of a notice to a former tenant about abandoned goods stored by a park operator must be published in a newspaper circulating generally in the State.
(1) For the purposes of section 54B(1)(a) of the Act, park rules for a residential park must provide for the following matters —
(a) restrictions on the making of noise;
(b) the parking of motor vehicles;
(c) the conduct and supervision of children;
(d) the use and operation of common facilities;
(e) the storage of goods by tenants outside agreed premises;
(f) the residential park’s office hours;
(g) the cleaning of gutters;
(h) tree maintenance;
(i) emergency procedures;
(j) the keeping of pets.
Penalty for this subregulation: a fine of $5 000.
(2) Despite subregulation (1), park rules are not required to provide for a matter set out in that subregulation if —
(a) scheme by‑laws as defined in the
Strata Titles Act 1985 section 3(1) provide for the matter in relation to the tenants of the residential park; or(b) scheme by‑laws as defined in the
Community Titles Act 2018 section 3(1) provide for the matter in relation to the tenants of the residential park.
(1) If a park operator intends to make or alter the park rules for the residential park, the park operator must first give each tenant written notice (the
first notice ) in the approved form of the proposal (therule proposal ) to make or alter the park rules.(2) A tenant may give the park operator written comments in relation to the rule proposal within 14 days (the
feedback period ) after the day on which the first notice is given.(3) The park operator must consider any written comments given under subregulation (2) within 28 days (the
consultation period ) after the end of the feedback period.(4) If tenants from at least 10% of the long‑stay sites object to the rule proposal or part of the rule proposal during the feedback period, the park operator must consult with those tenants and the park liaison committee (if any) during the consultation period as to whether changes should be made to the rule proposal.
(5) As soon as practicable after the consultation period ends, the park operator must give each tenant written notice (the
final notice ) of —(a) the final version of the rule proposal; or
(b) the park operator’s decision not to proceed with the rule proposal.
(6) If a final notice is given under subregulation (5)(a), the rule proposal takes effect at the end of the period of 7 days after the final notice is given.
(7) If the making or altering of a park rule is required under another written law —
(a) subregulations (1) to (6) do not apply; and
(b) the park operator must give written notice in the approved form to each tenant at least 7 days before the day on which the rule proposal is to take effect.
For the purposes of section 57(1)(b) of the Act, a selling agency agreement must include the following —
(a) details of the relocatable home (including the location and, if known, the make and model number of the relocatable home);
(b) details of the residential park;
(c) the time period during which the selling agency agreement applies;
(d) the services that are to be provided by the selling agent;
(e) details of any sale commission, amount for incidental expenses or other valuable consideration to be provided by the tenant under the selling agency agreement, including how amounts are to be calculated and paid.
(1) For the purposes of section 59(1A) of the Act, the manner in which a vote under section 59(1)(b) of the Act must be held is —
(a) at a meeting in accordance with subregulation (2); or
(b) by way of written ballot in accordance with subregulation (3).
(2) If a vote is to be taken at a meeting —
(a) the park operator must give each tenant written notice of the meeting at least 14 days before the meeting is to be held; and
(b) a tenant may cast a vote in person or by duly appointed proxy; and
(c) for tenants who cast a vote in person — the vote must be conducted by a show of hands of those present and entitled under subregulation (4) to vote; and
(d) for tenants who cast a vote by proxy —
(i) the tenant must notify the park operator before the meeting of their intention to vote by proxy; and
(ii) the proxy may cast a vote on behalf of the tenant by indicating their vote to the park operator.
(3) If a vote is to be taken by way of written ballot, the park operator must —
(a) distribute 1 ballot paper to each long‑stay site; and
(b) include the following information with the ballot paper —
(i) the purpose of the ballot;
(ii) the closing date for the ballot, which must be at least 7 days after the day on which the ballot paper was distributed;
(iii) details on how to return the completed ballot paper.
(4) One tenant per long-stay site is entitled to cast a vote.
(5) The park operator must hold a vote under section 59(1)(b) of the Act —
(a) at least once every 5 years but not more frequently than once every 12 months; and
(b) subject to paragraph (a), if a request is made by tenants from at least 30% of the long‑stay sites.
(1) For the purposes of section 60(3) of the Act, the manner in which the park liaison committee members that represent tenants must be chosen is as follows —
(a) the park operator must give each tenant written notice about the following —
(i) that they may nominate themselves or another tenant to be a member of the park liaison committee;
(ii) the date by which such a nomination must be received, which must be at least 7 days after the day on which the notice is given;
(b) for a residential park with 100 or fewer long‑stay sites —
(i) if there are 5 or fewer nominees, those nominees are taken to be elected as members; and
(ii) if there are 6 or more nominees, the 5 nominees receiving the highest number of votes at the meeting referred to in subregulation (2) are elected as members;
(c) for a residential park with more than 100 long‑stay sites —
(i) if there are 8 or fewer nominees, those nominees are taken to be elected as members; and
(ii) if there are 9 or more nominees, the 8 nominees receiving the highest number of votes at the meeting referred to in subregulation (2) are elected as members.
(2) A vote that is held for the purposes of subregulation (1) or (4) must be held as follows —
(a) the vote must be conducted at a meeting to which all tenants have been invited by the park operator;
(b) the park operator must give at least 7 days’ written notice of the meeting to each tenant;
(c) one tenant per long-stay site is entitled to cast a vote;
(d) the vote must be conducted by a show of hands of those entitled to vote, unless a secret ballot is agreed to by a majority of the tenants present at the meeting;
(e) if 2 or more nominees receive an equal number of votes in relation to a vacancy —
(i) another vote may be held for the nominees with the equal number of votes; and
(ii) if the number of votes is still equal, a member may be elected by random draw from the nominees with the equal number of votes;
(f) in the event of a secret ballot, the park operator must keep the ballots for 14 days after the vote is held.
(3) A member holds office for a term not exceeding 2 years but is eligible for re‑election.
(4) A member may be removed from office, at any time, by a vote that is held in accordance with subregulation (2).
(5) A person ceases to be a member of the committee if —
(a) the person’s term as a member ends; or
(b) the person resigns; or
(c) the person is removed under subregulation (4); or
(d) the person ceases to be a tenant of the residential park; or
(e) the person dies.
(6) If a person is removed under subregulation (4) or ceases to be a member under subregulation (5), subregulations (1)(a) and (2) apply in relation to filling that vacancy.
For the purposes of section 61(2)(a)(iv) of the Act, a park liaison committee’s functions include to advise and consult with the park operator about the development of policies for the installation and maintenance of the following —
(a) roads on the residential park;
(b) street and other security lighting on the residential park;
(c) fencing within, and along the boundaries of, the residential park.
For the purposes of section 65(2)(e) of the Act, the matters to which the State Administrative Tribunal may have regard to when determining the amount of compensation to be paid to the tenant on the termination of a site‑only agreement include the cost incurred by a tenant in travelling, and transporting the tenant’s possessions that were kept at the park premises, for the shorter of —
(a) the distance from the residential park to another site designated by the tenant; and
(b) 600 km.
For the purposes of section 91(1)(c) of the Act, a document may be sent by email to the email address provided by the person.
(1) In this regulation —
(2) For the purposes of section 102(1)(a) of the Act, the minimum rate at which interest accrues on a security bond amount paid into an ADI account is 70% of the relevant bank accepted bills rate, calculated on a daily basis.
(3) For the purposes of section 102(1)(b) of the Act, an amount equal to the amount of interest accrued at the prescribed rate must be paid to the Rental Accommodation Account within 5 working days of the end of each month.
(4) For the purposes of section 102(1)(c) of the Act, an amount equal to the difference between the amount of interest accrued at the prescribed rate and the amount of interest accrued at the higher rate must be paid to the tenant on the day on which the security bond amount is paid out to the tenant or the park operator in accordance with regulation 18.
(1) For the purposes of section 94(c) of the Act, a security bond amount must be paid out by the bond administrator in accordance with this regulation.
(2) On receipt of —
(a) an application for the payment in a form approved by the bond administrator signed by both parties to the long‑stay agreement to which the amount relates; or
(b) a copy of an order by the State Administrative Tribunal,
the bond administrator must pay the amount in accordance with the application or order.
(3) For the purposes of subregulation (2)(a) —
(a) if a party is deceased — the application may be signed by the party’s executor or administrator; or
(b) if a party is represented by a manager or administrator under a written law — the application may be signed by the manager or administrator.
(1) In this regulation —
(2) Subregulations (3) to (6) apply if the bond administrator —
(a) has reason to believe that 6 months have elapsed since the termination of a long‑stay agreement; and
(b) a security bond amount held in respect of that long‑stay agreement has not been paid out in accordance with regulation 18.
(3) The bond administrator must give notice in writing to the park operator and the tenant in whose names the security bond amount is held —
(a) informing them that the bond administrator has reason to believe that 6 months have elapsed since the termination of the long‑stay agreement and that the amount is still being held by the bond administrator; and
(b) inviting them to apply under the Act or regulation 18(2)(a) to have the amount paid out; and
(c) notifying them that, if the amount is still in the possession of the bond administrator after 60 days from the date of the notice, the amount will be paid to the Unclaimed Security Bond Account.
(4) If after 60 days from the date of the notice the security bond amount is still in the possession of the bond administrator, the bond administrator must pay the amount to the Unclaimed Security Bond Account.
(5) A security bond amount that remains in the Unclaimed Security Bond Account at the expiry of 6 years from the day on which it is paid into that account must be paid into the Consolidated Account.
(6) Regulation 18(2) and (3) apply to a security bond amount while it is in the Unclaimed Security Bond Account.
(7) For the purposes of this regulation, the bond administrator must establish in the Rental Accommodation Account an account called the Unclaimed Security Bond Account.
For the purposes of Schedule 1 clause 14(4) of the Act, prescribed alterations are the following —
(a) the renovation, alteration or addition of any of the following —
(i) security alarms and cameras;
(ii) locks, screens and shutters on windows;
(iii) security screens on doors;
(iv) exterior lights;
(v) locks on gates;
(b) the pruning of shrubs and trees to improve visibility around the agreed premises.
(1) The offences specified in Schedule 11 are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 11 is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3).
(1) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2.(2) The Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
For the purposes of the
(a) Schedule 12 Form 1 is the prescribed form for an infringement notice; and
(b) Schedule 12 Form 2 is the prescribed form for the withdrawal of an infringement notice.
(1) In this regulation —
(a) in the case of a site‑only agreement —
(i) if the tenancy period is 2 years or less — 60 days before the end of the tenancy period; or
(ii) if the tenancy period is more than 2 years — 180 days before the end of the tenancy period;
(b) in the case of an on‑site home agreement — 60 days before the end of the tenancy period.
(2) This regulation applies if —
(a) a fixed term long‑stay agreement is in force immediately before commencement day; and
(b) the commencement day is during the relevant period.
(3) A park operator is taken to have complied with section 32R(3) of the Act if the park operator gives the tenant the written notice as soon as practicable after commencement day.
(1) In this regulation —
(2) For the purposes of section 102(1)(e) of the Act, a security bond amount held in an ADI account under section 101(1) of the Act must be paid out in accordance with regulations 18 and 19(2) to (6).
(3) For the purposes of subregulation (2), regulations 18 and 19(2) to (4) apply as if a reference to the bond administrator were a reference to the authorised deposit‑taking institution.
(1) In this regulation —
(2) Sections 54A(2), 54B and 63B(2)(d) of the Act apply to existing park rules on and from the day that is 12 months after commencement day.
[r. 5(a)]
This long‑stay agreement is regulated by the This long‑stay agreement is to lease a site in a residential park and gives you rights to use shared premises in the park. You must also be provided with a copy of the information booklet on park living approved by the Commissioner for Consumer Protection (the This long‑stay agreement may, in certain limited circumstances set out in the Act, be terminated. The information booklet sets out further information about termination. If this long‑stay agreement is for a fixed term, this long‑stay agreement may finish at the end of the term (with no extension). You may be required to remove the relocatable home at your cost when this long‑stay agreement ends. Further information can be found in the information booklet. Before signing this long‑stay agreement you should — Ÿ seek independent legal, financial or other advice; and Ÿ read the information booklet; and Ÿ make sure that any non‑standard terms are satisfactory and that you understand how they affect you. (The non‑standard terms are set out in a separate part at the end of this long‑stay agreement.) References in this long‑stay agreement to sections (for example, s. 32H) are references to relevant sections of the Act. | |||||||||
In this long‑stay agreement —
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This long‑stay agreement is made between the park operator and the tenant/s. The park operator grants the tenant/s the right — (a) to occupy the site; and (b) to position a relocatable home on the site; and (c) to non‑exclusive use of the shared premises. | |||||||||
Park | Park name: | ||||||||
Park address: | |||||||||
Site | Site location (site number or other description): | ||||||||
Area of site: | |||||||||
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Park operator’s name: | |||||||||
Business address: | |||||||||
Phone: | |||||||||
Email address (if any): | |||||||||
Does the park operator accept notices and other documents by email? □ Yes □ No | |||||||||
If park operator is a body corporate | Nominated contact (name and position / title): | ||||||||
Business address (if different from above): | |||||||||
Contact details (including out‑of‑hours): | |||||||||
Managing agent’s name: | |||||||||
Managing agent’s address: | |||||||||
Phone: | |||||||||
Email (if any): | |||||||||
Does the managing agent accept notices and other documents by email? □ Yes □ No | |||||||||
Address for service of documents (if different from site address): | |||||||||
Phone: | |||||||||
Email (if any): | |||||||||
Does the tenant (1) accept notices and other documents by email? □ Yes □ No | |||||||||
Place of occupation: | |||||||||
Address: | |||||||||
Address for service of documents (if different from site address): | |||||||||
Phone: | |||||||||
Email (if any): | |||||||||
Does the tenant (2) accept notices and other documents by email? □ Yes □ No | |||||||||
Place of occupation: | |||||||||
Address: | |||||||||
(1) The maximum number of persons who may use a relocatable home on the site as their principal place of residence | |||||||||
(2) The maximum number of additional persons who may reside on a temporary basis in a relocatable home on the site | |||||||||
(3) Is the tenant required to pay a fee for persons residing on a temporary basis in the agreed premises (i.e. visitors’ fees)? | □ Yes □ No | ||||||||
(4) When will visitors’ fees be payable? | |||||||||
(5) Amount of the visitors’ fee | $.….….….… per night / week / fortnight / month* | ||||||||
(6) How is the visitors’ fee to be paid? | □ at the same time and in the same manner as the rent □ other (please specify) …………….………………………………………… | ||||||||
| ……./……./….... | ||||||||
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starting on | ……./……./….... | ||||||||
ending on | ……./……./….... | ||||||||
(2) Options to renew | □ Not applicable □ Options as follows: Length of option.….…years.……months Length of option.….…years.……months | ||||||||
Ÿ Ÿ Ÿ | |||||||||
(1) Rent per week / fortnight / month* | $.….………… | ||||||||
(2) Method of payment □ Cash □ Cheque □ EFTPOS □ Credit card □ Deduction from pension □ Direct deposit into specified financial institution □ Other (please specify) ..………………………… | |||||||||
(3) Rent payment day | |||||||||
(4) Location of rent payment (if applicable) | |||||||||
(5) Rent in advance The tenant agrees to pay before or during the first 2 weeks of the tenancy an amount of $.….……… | |||||||||
(6) The tenant agrees to pay the rent on time. | |||||||||
(7) The park operator must give the tenant a rent receipt within 3 days of rent being received unless the rent is paid into an account in a financial institution nominated by the park operator. | |||||||||
(1) Is rent variation allowed? □ Yes □ No | |||||||||
(2) Basis for variation | |||||||||
(3) Review dates or frequency | |||||||||
Ÿ Ÿ Ÿ Ÿ Ÿ Ÿ | |||||||||
(1) If a service or facility set out below is provided by the park operator, and the cost of that service or facility is not covered by rent, the fee for that service or facility is payable by the tenant during the term of this long‑stay agreement in relation to the agreed premises. | |||||||||
Electricity □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available | □ None (covered by rent) □ Charged based on consumption cost (separately metered) $………… per …… | ||||||||
Gas □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available | □ None (covered by rent) □ Charged based on consumption (separately metered) $………… per …… | ||||||||
Water □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available | □ None (covered by rent) □ Charged based on consumption (separately metered) $………… per …… | ||||||||
Phone □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available Details:……………… ……………………… | □ None (covered by rent) □ Fixed fee (separate phone line) $………… □ Charged based on consumption (separate phone line) $………… per …… | ||||||||
Internet □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available Details:……………… ……………………… | □ None (covered by rent) □ Fixed fee $………… □ Charged based on use (specify) ………… …………………… $………………… | ||||||||
Gardening (e.g. mowing) □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available Details:……………… ……………………… | □ None (covered by rent) □ Fixed fee $………… □ Other (specify) … ………………… $………………… | ||||||||||||
Other (specify) | $.….….….… | ||||||||||||
$.….….….… | |||||||||||||
$.….….….… | |||||||||||||
(2) If a fee set out above is imposed by a State agency or instrumentality and is varied by that agency or instrumentality, the amount payable by the tenant for that fee under this long‑stay agreement will vary accordingly. | |||||||||||||
The following security bond must be paid by the tenant on signing this long‑stay agreement (not more than 4 weeks’ rent) $………………… | |||||||||||||
(1) Is a voluntary sharing arrangement available for the site?
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(2) If yes, select 1 of the following:
…………………………………………………………………….
…………………………………………………………………….
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(3) In return for any agreed voluntary sharing arrangement, the tenant will receive the following benefit: | |||||||||||||
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Ÿ Ÿ | |||||||||||||
(1) Are tenants allowed to keep pets at the agreed premises?
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(2) Number and type of pets: | |||||||||||||
(3) Restrictions and rules on keeping of pets: | |||||||||||||
(1) The following shared facilities and services are provided at the park: | |||||||||||||
□ Mail facilities □ Clubroom / community hall □ Swimming pool □ Gymnasium □ BBQ facilities □ Workshop □ Other (please list) | □ Bowling green □ Tennis court □ Library □ Storage area for boats / caravans □ Vegetable garden □ On‑site caretaker | ||||||||||||
(2) Restrictions on use of shared premises (including the shared facilities and services provided at the park): | |||||||||||||
(3) Are any facilities or services available only on a user‑pays basis and not covered by the rent?
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(4) May the park operator make changes to the residential park resulting in a reduction of the shared premises if at least 75% of the tenants at the park support the changes?
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(1) Assignment (a) Is the tenant permitted to assign their interest under this long‑stay agreement?
(b) If yes, is the written consent of the park operator required?
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(2) Sub‑letting (a) Is the tenant permitted to sub‑let the agreed premises?
(b) If yes, is the written consent of the park operator required?
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(3) Additional conditions on assignment or sub‑letting: | |||||||||||||
(4) Unless otherwise specified above, the tenant may assign the tenant’s rights and obligations under this long‑stay agreement or sub‑let the agreed premises only with the written consent of the park operator. | |||||||||||||
(5) If the park operator’s consent is required for assignment or sub‑letting — (a) the park operator must not unreasonably withhold consent; and (b) the park operator must not charge any fee for giving the consent except for reasonable incidental expenses. | |||||||||||||
(1) Agreed premises (a) Is the tenant permitted to affix a fixture or make a renovation, alteration or addition to the agreed premises?
(b) If yes, the tenant must obtain the park operator’s written consent when, or immediately before, the tenant affixes the fixture or makes the renovation, alteration or addition. | |||||||||||||
(2) Exterior of the relocatable home or other structure (a) Is the tenant permitted to affix a fixture or make a renovation, alteration or addition to the exterior of the relocatable home or the exterior of any other structure?
(b) If yes, is the consent of the park operator required?
(c) If yes, the tenant must obtain the park operator’s written consent when, or immediately before, the tenant affixes the fixture or makes the renovation, alteration or addition. | |||||||||||||
(a) Does the park operator reserve the right to relocate the tenant’s relocatable home to a reasonably comparable site in the residential park, if it is reasonably necessary to do so?
(b) If yes, the park operator must pay the tenant compensation for reasonable financial loss resulting from the requirement to relocate. | |||||||||||||
(1) The tenant is permitted to sell a relocatable home owned by the tenant while it is in place on the site. | |||||||||||||
(2) The tenant is entitled to display a “for sale” sign, but must comply with the following requirements about size and placement of a sign: | |||||||||||||
(3) The following restrictions also apply to the sale of the relocatable home: | |||||||||||||
(4) The tenant is not required to nominate the park operator as the selling agent in relation to the sale of the relocatable home. | |||||||||||||
The tenant and park operator agree to comply with the attached park rules as amended from time to time in accordance with the Regulations. | |||||||||||||
Neither the park operator nor the tenant can vary this long‑stay agreement unilaterally. | |||||||||||||
This long‑stay agreement can only be terminated in certain circumstances and in accordance with the Act. | |||||||||||||
(1) A notice under this long‑stay agreement must be given in accordance with the Act and the Regulations. | |||||||||||||
(2) A notice from the tenant to the park operator may be given to the managing agent. | |||||||||||||
(3) A party to this long‑stay agreement may withdraw their consent to a notice being given or sent by email by giving a written notice to that effect to each other party to this long‑stay agreement. | |||||||||||||
Vacant possession of the agreed premises must be given to the tenant on the day on which the tenant is entitled under the long‑stay agreement to take up occupation of the agreed premises. (1) At the time of entering into the long‑stay agreement —
(2) In this clause — (1) The tenant has a right to quiet enjoyment of the agreed premises without interruption by the park operator or any person claiming by, through or under the park operator or having superior title to that of the park operator. (2) The park operator must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises. (3) The park operator must take all reasonable steps to enforce the obligation of any other tenant of the park operator not to cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises. (1) In this clause —
(2) The park operator may only enter the agreed premises in the following circumstances —
(3) The park operator may only enter other premises occupied by the tenant in the following circumstances —
(1) When exercising a right of entry under clause 28, the park operator —
(2) The park operator must compensate the tenant if the park operator or any person accompanying the park operator causes damage to the tenant’s property when exercising a right of entry under clause 28. (3) If it would unduly inconvenience the tenant for the park operator to enter the agreed premises as specified in a notice given under clause 28, the park operator must make a reasonable attempt to negotiate a day and time for that entry that does not unduly inconvenience the tenant. (4) The park operator may conduct up to 4 routine inspections under clause 28(2)(d) in any 12‑month period. (5) A written notice given to the tenant in relation to entry to the agreed premises must be in the approved form and specify the day of the entry and whether the entry will be before or after 12 pm on that day. (6) If the park operator exercises the right of entry under clause 28(2)(f) or (g), the tenant is entitled to be on the agreed premises during the entry. The tenant must not —
(1) The tenant must not alter, remove or add any lock or similar device to the agreed premises or the shared premises without the consent of the park operator given at, or immediately before, the time that the alteration, removal or addition is carried out. (2) The park operator must not alter, remove or add any lock or similar device to the agreed premises or to anything that belongs to the tenant without the consent of the tenant given at, or immediately before, the time that the alteration, removal or addition is carried out. (3) The park operator must not alter, remove or add any lock or similar device to the shared premises without first notifying the tenant and providing the tenant with a means of access to the shared premises. (1) If clause 18 provides that the tenant may, with the park operator’s consent, affix a fixture or make a renovation, alteration or addition —
(2) If the park operator wishes to affix any fixture or make any renovation, alteration or addition to the agreed premises, then —
(3) The tenant may affix a prescribed fixture or make prescribed alterations to the agreed premises if necessary to prevent the commission of family violence. (4) For the purposes of subclause (3) —
The tenant must —
(1) The tenant must not intentionally or negligently cause or permit damage to the agreed premises or the shared premises. (2) The tenant must notify the park operator, as soon as practicable but in any case within 3 days of the damage occurring, of any damage —
(1) The park operator must —
(2) If the park operator carries out work to comply with the park operator’s obligations under subclause (1), the work must be carried out —
(1) In this clause —
(2) If a need for urgent repairs arises otherwise than as a result of the breach of the long‑stay agreement by the tenant —
(3) The tenant may arrange for the urgent repairs to be carried out by a suitable repairer to the minimum extent necessary to effect those repairs if —
or
(4) If the tenant arranges for the urgent repairs to be carried out under subclause (3), the park operator must, as soon as practicable after the repairs are carried out, reimburse the tenant for the reasonable expense incurred in arranging for those repairs to be carried out. (1) The park operator must bear the cost of —
(2) Despite subclause (1), a term of the long‑stay agreement or another written contract, agreement, scheme, deed or other written arrangement between the tenant and the park operator may provide that the tenant indirectly pays, as a component of rent paid under the long‑stay agreement, a prescribed charge as defined in the (1) The tenant is vicariously responsible for any act or omission of another person who is lawfully on the agreed premises or the shared premises, if the act or omission would have constituted a breach of the long‑stay agreement if done or omitted by the tenant. (2) However, subclause (1) does not extend to a person who is lawfully on the agreed premises or the shared premises but whose authority does not derive from the permission, express or implied, of the tenant. | |||||||||||||
Non‑standard terms are not prescribed by the Act, but are subject to negotiation between the parties to the long‑stay agreement. If a non‑standard term is inconsistent with the Act or the Regulations, the Act or Regulations will prevail and the non‑standard term will be void to the extent of any inconsistency. Before signing this long‑stay agreement a tenant should seek independent advice and ensure that the non‑standard terms are appropriate for their circumstances. | |||||||||||||
By signing this long‑stay agreement the parties agree to be bound by its terms and conditions. | |||||||||||||
Signatory (print name): | |||||||||||||
Signature: | Date signed: | ||||||||||||
Witness (print name): | |||||||||||||
Signature: | Date signed: | ||||||||||||
Signatory (print name): | |||||||||||||
Signature: | Date signed: | ||||||||||||
Witness (print name): | |||||||||||||
Signature: | Date signed: | ||||||||||||
Signatory (print name): | |||||||||||||
Signature: | Date signed: | ||||||||||||
Witness (print name): | |||||||||||||
Signature: | Date signed: | ||||||||||||
Under section 18 of the Act, a tenant is entitled to rescind this long‑stay agreement at any time within 5 working days after the date of this long‑stay agreement. This time frame is extended if the park operator does not provide disclosure documents. However, a tenant cannot rescind this long‑stay agreement after taking up possession. | |||||||||||||
The tenant acknowledges that they have been given a copy of each of these documents:
| |||||||||||||
Independent advice □ I have obtained independent legal advice before signing this long‑stay agreement. □ I have decided not to obtain independent legal advice before signing this long‑stay agreement. | |||||||||||||
□ I have signed 2 copies of this long‑stay agreement. | |||||||||||||
[r. 5(b)]
This long‑stay agreement is regulated by the This long‑stay agreement is to lease a site and an on‑site home in a residential park and gives you rights to use shared premises in the park. You must also be provided with a copy of the information booklet on park living approved by the Commissioner for Consumer Protection (the This long‑stay agreement may, in certain limited circumstances set out in the Act, be terminated. The information booklet sets out further information about termination. If this long‑stay agreement is for a fixed term, this long‑stay agreement may finish at the end of the term (with no extension). Before signing this long‑stay agreement you should — Ÿ seek independent legal, financial or other advice; and Ÿ read the information booklet; and Ÿ make sure that any non‑standard terms are satisfactory and that you understand how they affect you. (The non‑standard terms are set out in a separate part at the end of this long‑stay agreement.) References in this long‑stay agreement to sections (for example, s. 32H) are references to relevant sections of the Act. | |||||||||||
In this long‑stay agreement—
| |||||||||||
This long‑stay agreement is made between the park operator and the tenant/s. The park operator grants the tenant/s the right — (a) to occupy the site; and
(c) to non‑exclusive use of the shared premises. | |||||||||||
Park | Park name: | ||||||||||
Park address: | |||||||||||
Site | Site location (site number or other description): | ||||||||||
Area of site: | |||||||||||
| |||||||||||
Park operator’s name: | |||||||||||
Business address: | |||||||||||
Phone: | |||||||||||
Email address (if any): | |||||||||||
Does the park operator accept notices and other documents by email? □ Yes □ No | |||||||||||
If park operator is a body corporate | Nominated contact (name and position / title): | ||||||||||
Business address (if different from above): | |||||||||||
Contact details (including out‑of‑hours): | |||||||||||
Managing agent’s name: | |||||||||||
Managing agent’s address: | |||||||||||
Phone: | |||||||||||
Email (if any): | |||||||||||
Does the managing agent accept notices and other documents by email? □ Yes □ No | |||||||||||
Address for service of documents (if different from site address): | |||||||||||
Phone: | |||||||||||
Email (if any): | |||||||||||
Does the tenant (1) accept notices and other documents by email? □ Yes □ No | |||||||||||
Place of occupation: | |||||||||||
Address: | |||||||||||
Address for service of documents (if different from site address): | |||||||||||
Phone: | |||||||||||
Email (if any): | |||||||||||
Does the tenant (2) accept notices and other documents by email? □ Yes □ No | |||||||||||
Place of occupation: | |||||||||||
Address: | |||||||||||
(1) The maximum number of persons who may use a relocatable home on the site as their principal place of residence | |||||||||||
(2) The maximum number of additional persons who may reside on a temporary basis in a relocatable home on the site | |||||||||||
(3) Is the tenant required to pay a fee for persons residing on a temporary basis in the agreed premises (i.e. visitors’ fees)? | □ Yes □ No | ||||||||||
(4) When will visitors’ fees be payable? | |||||||||||
(5) Amount of the visitors’ fee | $.….….….… per night / week / fortnight / month* | ||||||||||
(6) How is the visitors’ fee to be paid? | □ at the same time and in the same manner as the rent □ other (please specify) …………….………………………………………… | ||||||||||
| ……./……./….... | ||||||||||
| |||||||||||
starting on | ……./……./….... | ||||||||||
ending on | ……./……./….... | ||||||||||
(2) Options to renew | □ Not applicable □ Options as follows: Length of option.….…years.……months Length of option.….…years.……months | ||||||||||
Ÿ Ÿ | |||||||||||
(1) Rent per week / fortnight / month* | $.….………… | ||||||||||
(2) Method of payment □ Cash □ Cheque □ EFTPOS □ Credit card □ Deduction from pension □ Direct deposit into specified financial institution □ Other (please specify) ..………………………… | |||||||||||
(3) Rent payment day | |||||||||||
(4) Location of rent payment (if applicable) | |||||||||||
(5) Rent in advance The tenant agrees to pay before or during the first 2 weeks of the tenancy an amount of $.….….….… | |||||||||||
(6) The tenant agrees to pay the rent on time. | |||||||||||
(7) The park operator must give the tenant a rent receipt within 3 days of rent being received unless the rent is paid into an account in a financial institution nominated by the park operator. | |||||||||||
(1) Is rent variation allowed? □ Yes □ No | |||||||||||
(2) Basis for variation | |||||||||||
(3) Review dates or frequency | |||||||||||
Ÿ Ÿ Ÿ Ÿ Ÿ Ÿ | |||||||||||
(1) If a service or facility set out below is provided by the park operator, and the cost of that service or facility is not covered by rent, the fee for that service or facility is payable by the tenant during the term of this long‑stay agreement in relation to the agreed premises. | |||||||||||
Electricity □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available | □ None (covered by rent) □ Charged based on consumption cost (separately metered) $………… per …… | ||||||||||
Gas □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available | □ None (covered by rent) □ Charged based on consumption (separately metered) $………… per …… | ||||||||||
Water □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available | □ None (covered by rent) □ Charged based on consumption (separately metered) $………… per …… | ||||||||||
Phone □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available Details:……………… ……………………… | □ None (covered by rent) □ Fixed fee (separate phone line) $………… □ Charged based on consumption (separate phone line) $………… per …… | ||||||||||
Internet □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available Details:……………… ……………………… | □ None (covered by rent) □ Fixed fee $………… □ Charged based on use (specify) ………… …………………… $………………… | ||||||||||
Gardening (e.g. mowing) □ provided by park operator □ must be arranged separately by the tenant with a third party □ not available Details:……………… ……………………… | □ None (covered by rent) □ Fixed fee $………… □ Other (specify) … ………………… $………………… | ||||||||||
Other (specify) | $.….….….… | ||||||||||
$.….….….… | |||||||||||
$.….….….… | |||||||||||
(2) If a fee set out above is imposed by a State agency or instrumentality and is varied by that agency or instrumentality, the amount payable by the tenant for that fee under this long‑stay agreement will vary accordingly. | |||||||||||
The following bonds must be paid by the tenant on signing this long‑stay agreement:
| |||||||||||
(1) Is a voluntary sharing arrangement available for the site?
| |||||||||||
(2) If yes, select 1 of the following:
…………………………………………………………………… | |||||||||||
(3) In return for any agreed voluntary sharing arrangement, the tenant will receive the following benefit: | |||||||||||
| |||||||||||
Ÿ Ÿ | |||||||||||
(1) Are tenants allowed to keep pets at the agreed premises?
| |||||||||||
(2) Number and type of pets: | |||||||||||
(3) Restrictions and rules on keeping of pets: | |||||||||||
(1) The following shared facilities and services are provided at the park: | |||||||||||||||
□ Mail facilities □ Clubroom / community hall □ Swimming pool □ Gymnasium □ BBQ facilities □ Workshop □ Other (please list) | □ Bowling green □ Tennis court □ Library □ Storage area for boats / caravans □ Vegetable garden □ On‑site caretaker | ||||||||||||||
(2) Restrictions on use of shared premises (including the shared facilities and services provided at the park): | |||||||||||||||
(3) Are any facilities or services available only on a user‑pays basis and not covered by the rent?
| |||||||||||||||
(4) May the park operator make changes to the residential park resulting in a reduction of the shared premises if at least 75% of the tenants at the park support the changes?
| |||||||||||||||
(1) Assignment (a) Is the tenant permitted to assign their interest under this long‑stay agreement?
(b) If yes, is the written consent of the park operator required?
| |||||||||||||||
(2) Sub‑letting (a) Is the tenant permitted to sub‑let the agreed premises?
(b) If yes, is the written consent of the park operator required?
| |||||||||||||||
(3) Additional conditions on assignment or sub‑letting: | |||||||||||||||
(4) Unless otherwise specified above, the tenant may assign the tenant’s rights and obligations under this long‑stay agreement or sub‑let the agreed premises only with the written consent of the park operator. | |||||||||||||||
(5) If the park operator’s consent is required for assignment or sub‑letting — (a) the park operator must not unreasonably withhold consent; and (b) the park operator must not charge any fee for giving the consent except for reasonable incidental expenses. | |||||||||||||||
(a) Is the tenant permitted to affix a fixture or make a renovation, alteration or addition to the agreed premises?
(b) If yes, the tenant must obtain the park operator’s written consent when, or immediately before, the tenant affixes the fixture or makes the renovation, alteration or addition. | |||||||||||||||
(a) Does the park operator reserve the right to relocate the on-site home to a reasonably comparable site in the residential park, if it is reasonably necessary to do so?
(b) If yes, the park operator must pay the tenant compensation for reasonable financial loss resulting from the requirement to relocate. | |||||||||||||||
The tenant and park operator agree to comply with the attached park rules as amended from time to time in accordance with the Regulations. | |||||||||||||||
Neither the park operator nor the tenant can vary this long‑stay agreement unilaterally. | |||||||||||||||
This long‑stay agreement can only be terminated in certain circumstances and in accordance with the Act. | |||||||||||||||
(1) A notice under this long‑stay agreement must be given in accordance with the Act and the Regulations. | |||||||||||||||
(2) A notice from the tenant to the park operator may be given to the managing agent. | |||||||||||||||
(3) A party to this long‑stay agreement may withdraw their consent to a notice being given or sent by email by giving a written notice to that effect to each other party to this long‑stay agreement. | |||||||||||||||
Vacant possession of the agreed premises must be given to the tenant on the day on which the tenant is entitled under the long‑stay agreement to take up occupation of the agreed premises. (1) At the time of entering into the long‑stay agreement —
(2) In this clause — (1) The tenant has a right to quiet enjoyment of the agreed premises without interruption by the park operator or any person claiming by, through or under the park operator or having superior title to that of the park operator. (2) The park operator must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises. (3) The park operator must take all reasonable steps to enforce the obligation of any other tenant of the park operator not to cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the agreed premises or the reasonable use by the tenant of the shared premises. (1) In this clause —
(2) The park operator may only enter the agreed premises in the following circumstances —
(3) The park operator may only enter other premises occupied by the tenant in the following circumstances —
(1) When exercising a right of entry under clause 27, the park operator —
(2) The park operator must compensate the tenant if the park operator or any person accompanying the park operator causes damage to the tenant’s property when exercising a right of entry under clause 27. (3) If it would unduly inconvenience the tenant for the park operator to enter the agreed premises as specified in a notice given under clause 27, the park operator must make a reasonable attempt to negotiate a day and time for that entry that does not unduly inconvenience the tenant. (4) The park operator may conduct up to 4 routine inspections under clause 27(2)(d) in any 12‑month period. (5) A written notice given to the tenant in relation to entry to the agreed premises must be in the approved form and specify the day of the entry and whether the entry will be before or after 12 pm on that day. (6) If the park operator exercises the right of entry under clause 27(2)(f) or (g), the tenant is entitled to be on the agreed premises during the entry. The tenant must not —
(1) The park operator must provide and maintain such locks or other devices as are necessary to ensure that the on‑site home is reasonably secure. (2) The tenant must not alter, remove or add any lock or similar device to the agreed premises or the shared premises without the consent of the park operator given at, or immediately before, the time that the alteration, removal or addition is carried out. (3) The park operator must not alter, remove or add any lock or similar device to the agreed premises or to anything that belongs to the tenant without the consent of the tenant given at, or immediately before, the time that the alteration, removal or addition is carried out. (4) The park operator must not alter, remove or add any lock or similar device to the shared premises without first notifying the tenant and providing the tenant with a means of access to the shared premises. (5) The tenant may alter or add any lock or similar device to the agreed premises after termination of an excluded tenant’s interest on the ground of family violence under section 74B of the Act or if it is necessary to prevent the commission of family violence that the tenant suspects, on reasonable grounds, is likely to be committed by the excluded tenant against the tenant or a dependant of the tenant. (6) The tenant must give to the park operator a copy of the key to any lock or similar device altered or added under subclause (5) as soon as practicable, and in any event within 7 days, after the lock or similar device has been altered or added. (7) The park operator must not give a copy of a key referred to in subclause (6) to an excluded tenant or a person who the tenant has instructed the park operator in writing not to give the copy of the key. (1) If clause 18 provides that the tenant may, with the park operator’s consent, affix a fixture or make a renovation, alteration or addition —
(2) If the park operator wishes to affix any fixture or make any renovation, alteration or addition to the agreed premises, then —
(3) The tenant may affix a prescribed fixture or make prescribed alterations to the agreed premises if necessary to prevent the commission of family violence or to prevent entry onto the agreed premises of an excluded tenant whose interest in the long‑stay agreement has been terminated under section 74B of the Act. (4) For the purposes of subclause (3) —
(5) The tenant may, with the park operator’s consent, affix furniture or a thing to affix furniture to the wall of the on‑site home for the purpose of ensuring the safety of a child or person with a disability. (6) For the purposes of subclause (5) —
and
and
and
The tenant must keep the site and the relocatable home on the site in a reasonable state of cleanliness. (1) The tenant must not intentionally or negligently cause or permit damage to the agreed premises or the shared premises. (2) The tenant must notify the park operator, as soon as practicable but in any case within 3 days of the damage occurring, of any damage —
(1) The park operator must —
(2) If the park operator carries out work to comply with the park operator’s obligations under subclause (1), the work must be carried out —
(1) In this clause —
(2) If a need for urgent repairs arises otherwise than as a result of the breach of the long‑stay agreement by the tenant —
(3) The tenant may arrange for the urgent repairs to be carried out by a suitable repairer to the minimum extent necessary to effect those repairs if —
or
(4) If the tenant arranges for the urgent repairs to be carried out under subclause (3), the park operator must, as soon as practicable after the repairs are carried out, reimburse the tenant for the reasonable expense incurred in arranging for those repairs to be carried out. (1) The park operator must bear the cost of —
(2) Despite subclause (1), a term of the long‑stay agreement or another written contract, agreement, scheme, deed or other written arrangement between the tenant and the park operator may provide that the tenant indirectly pays, as a component of rent paid under the long‑stay agreement, a prescribed charge as defined in the (1) The tenant is vicariously responsible for any act or omission of another person who is lawfully on the agreed premises or the shared premises, if the act or omission would have constituted a breach of the long‑stay agreement if done or omitted by the tenant. (2) However, subclause (1) does not extend to a person who is lawfully on the agreed premises or the shared premises but whose authority does not derive from the permission, express or implied, of the tenant. | |||||||||||||||
Non‑standard terms are not prescribed by the Act, but are subject to negotiation between the parties to the long‑stay agreement. If a non‑standard term is inconsistent with the Act or the Regulations, the Act or Regulations will prevail and the non‑standard term will be void to the extent of any inconsistency. Before signing this long‑stay agreement a tenant should seek independent advice and ensure that the non‑standard terms are appropriate for their circumstances. | |||||||||||||||
By signing this long‑stay agreement the parties agree to be bound by its terms and conditions. | |||||||||||||||
Signatory (print name): | |||||||||||||||
Signature: | Date signed: | ||||||||||||||
Witness (print name): | |||||||||||||||
Signature: | Date signed: | ||||||||||||||
Signatory (print name): | |||||||||||||||
Signature: | Date signed: | ||||||||||||||
Witness (print name): | |||||||||||||||
Signature: | Date signed: | ||||||||||||||
Signatory (print name): | |||||||||||||||
Signature: | Date signed: | ||||||||||||||
Witness (print name): | |||||||||||||||
Signature: | Date signed: | ||||||||||||||
Under section 18 of the Act, a tenant is entitled to rescind this long‑stay agreement at any time within 5 working days after the date of this long‑stay agreement. This time frame is extended if the park operator does not provide disclosure documents. However, a tenant cannot rescind this long‑stay agreement after taking up possession. | |||||||||||||||
The tenant acknowledges that they have been given a copy of each of these documents:
| |||||||||||||||
Independent advice □ I have obtained independent legal advice before signing this long‑stay agreement. □ I have decided not to obtain independent legal advice before signing this long‑stay agreement. | |||||||||||||||
□ I have signed 2 copies of this long‑stay agreement. | |||||||||||||||
[r. 7(1)]
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points / fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Cupboards/ drawers | ||||||||||
Benchtops/ tiling | N/A | N/A | ||||||||
Sink/ disposal unit | ||||||||||
Taps | ||||||||||
Stove top | ||||||||||
Griller | ||||||||||
Microwave Oven | ||||||||||
Oven | ||||||||||
Refrigerator | ||||||||||
Exhaust fan | ||||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Bath | ||||||||||
Shower | ||||||||||
Shower screen | ||||||||||
Wash basin | ||||||||||
Tiling | N/A | N/A | ||||||||
Mirror/ cabinet | ||||||||||
Towel rails | N/A | N/A | ||||||||
Toilet | ||||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Walls/ ceiling | N/A | N/A | ||||||||
Doors/ windows screens | ||||||||||
Blinds/ curtains | ||||||||||
Lights/ power points fittings | ||||||||||
Floor coverings | N/A | N/A | ||||||||
Wash tubs | ||||||||||
Hot water service | ||||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Concreted or paved areas | N/A | N/A | ||||||||
Annexe/ verandah | N/A | N/A | ||||||||
Carport/ space | N/A | N/A | ||||||||
Other | ||||||||||
Condition at commencement | Condition at termination | |||||||||
Clean / tidy | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments | |
Landscaping/ garden | N/A | N/A | ||||||||
Driveway | N/A | N/A | ||||||||
Storeroom/ shed | N/A | N/A | ||||||||
Site slab/ (concrete) | N/A | N/A | ||||||||
General appearance | N/A | N/A | ||||||||
Condition at commencement | Condition at termination | |||||||||
(Specify facilities) | Clean | Undamaged | Working | Tenant agrees | Comments | Clean | Undamaged | Working | Tenant agrees | Comments |
............................................ | ||||||||||
............................................ | ||||||||||
............................................ | ||||||||||
............................................ | ||||||||||
(Cross out if not needed) | |
(1) | The park operator agrees to undertake the following cleaning, repairs, additions or other work during the tenancy: |
.................................................................................................................................................. | |
.................................................................................................................................................. | |
.................................................................................................................................................. | |
.................................................................................................................................................. | |
.................................................................................................................................................. | |
.................................................................................................................................................. | |
.................................................................................................................................................. | |
(2) | The park operator agrees to complete the work by: ................................................................. |
At commencement | At termination |
Park operator / managing real estate agent: ...................................................................... | Park operator / managing real estate agent: ...................................................................... |
Tenant 1: ...................................................................... | Tenant 1: ...................................................................... |
Tenant 2: ...................................................................... | Tenant 2: ...................................................................... |
Note for this clause:
Further items and comments may be added on a separate sheet signed by the park operator / managing real estate agent and the tenant and attached to this report.
[r. 12]
A park operator / managing real estate agent may issue this notice if a tenant has not paid rent in accordance with a long‑stay agreement. | |
Please complete in BLOCK letters. Attach extra pages if needed. All references to dates should be in DD/MM/YYYY. The Department of Mines, Industry Regulation and Safety recommends that you make a copy of the completed notice before giving it to the tenant and make every effort to ensure the notice is securely delivered and received by the tenant. | |
If you receive this notice you should check whether you are in arrears in rent payments. If rent is not outstanding, you should provide proof of the payment of that rent to the park operator. If rent is outstanding, it must be paid by the date specified in this notice otherwise the park operator may give you a notice of termination. If you need help please contact a community legal centre or the Department of Mines, Industry Regulation and Safety 1300 30 40 54. | |
Name .................................................................................................. Address .............................................................................................. ............................................................................................................ Suburb .......................................... State ooo Postcode oooo | |
Name .................................................................................................. Address .............................................................................................. ............................................................................................................ Suburb .......................................... State ooo Postcode oooo | |
Park name and address ...................................................................... ............................................................................................................ Site location (e.g. site number or other description) ............................................................................................................ ............................................................................................................ |
Date rent was due: oo/oo/oooo D D M M Y Y Y Y Amount of rent due: ........................................................................... If rent is owed for multiple periods, specify those periods below: ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ | |
When rent must be paid by: oo/oo/oooo D D M M Y Y Y Y Note 1: If the tenant does not pay the rent by the above date, the park operator / managing real estate agent may give to the tenant a notice of termination. Note 2: Under the Date of this notice: oo/oo/oooo D D M M Y Y Y Y | |
| Signature ............................................................................................ Name (please print) ........................................................................... Date signed: oo/oo/oooo D D M M Y Y Y Y |
A park operator / managing real estate agent may issue this notice if a tenant has breached a term of a long‑stay agreement (except a term for the payment of rent). | |
Please complete in BLOCK letters. Attach extra pages if needed. All references to dates should be in DD/MM/YYYY. The Department of Mines, Industry Regulation and Safety recommends that you make a copy of the completed notice before giving it to the tenant and make every effort to ensure the notice is securely delivered and received by the tenant. |
If you receive this notice you should check whether you have in fact breached the long‑stay agreement. If you believe you have not breached the long‑stay agreement, you should contact the park operator and attempt to resolve the matter. If you have breached the long‑stay agreement, you must remedy that breach by the date specified in this notice otherwise the park operator may give you a notice of termination. If you need help please contact a community legal centre or the Department of Mines, Industry Regulation and Safety on 1300 30 40 54. | |
Name .................................................................................................. Address .............................................................................................. ............................................................................................................ Suburb .......................................... State ooo Postcode oooo | |
Name .................................................................................................. Address .............................................................................................. ............................................................................................................ Suburb .......................................... State ooo Postcode oooo | |
Park name and address ...................................................................... ............................................................................................................ Site location (e.g. site number or other description) ............................................................................................................ ............................................................................................................ | |
Date of breach of long‑stay agreement: oo/oo/oooo D D M M Y Y Y Y Nature of breach (Provide short description, specifying what condition of the long‑stay agreement has been breached. Attach additional pages if required.) ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ How the breach may be remedied: ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ ............................................................................................................ | |
When breach must be remedied by: oo/oo/oooo D D M M Y Y Y Y Note 1: If the tenant does not remedy the breach by the above date, the park operator / managing real estate agent may give to the tenant a notice of termination. Note 2: Under the Date of this notice: oo/oo/oooo D D M M Y Y Y Y | |
Signature ............................................................................................ Name (please print) ........................................................................... Date signed: oo/oo/oooo D D M M Y Y Y Y |
[r. 13]
Family name: | ||||
Other names: | ||||
Family name: | ||||
Other names: | ||||
Address:
| ||||
I, the tenant, give notice of the termination of my interest in the on‑site home agreement on the grounds that I am, or my dependant is, likely to be subjected or exposed to family violence. The last day of my tenancy will be __________________________________ (a day that is not less than 7 days after the giving of this notice). | ||||
I attach 1 or more of the following: r a DVO; r a Family Court injunction or an application for a Family Court injunction; r a copy of a prosecution notice or indictment containing a charge relating to violence against the tenant or a court record of a conviction of the charge; r a report of family violence under the | ||||
Tenant: | Date: | |||
See Part B of this form and also refer to the | ||||
This notice applies to on-site home agreements under the | ||
A tenant can give the park operator this notice if the tenant, or a dependant of the tenant, is likely to be exposed or subjected to family violence during the term of the on-site home agreement. The period of the notice must not be less than 7 days before the termination day. | ||
A park operator must give a copy of this notice (but A co-tenant may, within 7 days after receiving a copy of this notice, give the park operator notice of termination of the co-tenant’s interest in the on-site home agreement. This period of notice must not be less than 21 days before the termination day. | ||
A co-tenant does not need to use a specific form to notify the park operator that they wish to terminate their interest in the on-site home agreement. They simply need to notify the park operator in writing. | ||
Any co-tenants who wish to remain in the on-site home are entitled to do so and the existing on‑site home agreement will continue to apply to them. | ||
A park operator must not disclose information contained in this notice or an accompanying document to another person except as allowed by the | ||
A park operator must ensure that information given to them in this notice and an accompanying document is kept in a secure manner so far as it is reasonably practicable to do so. A penalty of a fine of up to $5 000 applies for failure to comply with this requirement. |
[r. 23]
s. 10(2) | Park operator entering into long‑stay agreement that contravenes requirements | $1 000 |
s. 10A(3) | Park operator entering into long‑stay agreement other than prescribed standard‑form agreement | $1 000 |
s. 10B(3) | Park operator entering into long‑stay agreement that includes non‑standard term | $1 000 |
s. 10B(5) | Park operator entering into long‑stay agreement that does not include prescribed term | $1 000 |
s. 11(2) | Park operator failing to give documents within required time frame | $1 000 |
s. 12(1) | Park operator requiring or receiving unauthorised payment in relation to long‑stay agreement | $1 000 |
s. 13(1) | Real estate agent requiring or receiving unauthorised payment from tenant | $1 000 |
s. 13(2) | Real estate agent requiring or receiving unauthorised payment from sub‑tenant | $1 000 |
s. 14 | Park operator failing to bear cost of preparing long‑stay agreement | $1 000 |
s. 15(1) | Park operator failing to ensure tenant notified of park operator details | $1 000 |
s. 15(2) | Park operator failing to ensure tenant notified of new park operator details | $1 000 |
s. 15(3) | Park operator failing to notify tenant of new name or address | $1 000 |
s. 16(1) | Tenant giving false details to park operator | $1 000 |
s. 16(2) | Tenant failing to notify park operator of change in employment | $1 000 |
s. 16(3) | Tenant failing to provide next intended address when vacating | $1 000 |
s. 17(1) | Park operator failing to give tenant copy of long‑stay agreement | $1 000 |
s. 21(1) | Park operator requiring or receiving more than 1 security bond for long‑stay agreement | $1 000 |
s. 21(2) | Park operator requiring or receiving security bond above allowable amount | $1 000 |
s. 21(3) | Park operator failing to give tenant receipt for security bond | $2 000 |
s. 22(1) | Failing to deposit security bond with bond administrator or to give record of deposit | $2 000 |
s. 25(1) | Park operator requiring more than 2 weeks’ rent before or during first 2 weeks of tenancy | $1 000 |
s. 25(2) | Park operator requiring further rent before end of period for which rent has been paid | $1 000 |
s. 26(2) | Park operator failing to give detailed receipt for rent | $1 000 |
s. 28(1) | Park operator failing to keep record of rent received | $1 000 |
s. 31A(1) | Park operator entering into long‑stay agreement with a prohibited provision | $1 000 |
s. 32H(5) | Tenant breaching term of long‑stay agreement relating to locks without reasonable excuse | $2 000 |
s. 32H(6) | Park operator breaching term of long‑stay agreement relating to locks without reasonable excuse | $2 000 |
s. 32H(8) | Agent of park operator breaching term of long‑stay agreement relating to locks without reasonable excuse | $2 000 |
s. 41A(3) | Park operator failing to notify Commissioner of intention to give tenant termination notice | $1 000 |
s. 48(4) | Park operator failing to give notice that abandoned goods have been stored | $1 000 |
s. 52A(5) | Park operator failing to give document to lawful owner | $1 000 |
s. 54 | Entering agreed premises to recover possession other than in accordance with order of State Administrative Tribunal | $4 000 |
s. 54B(2) | Park operator failing to ensure park rules comply with regulations | $1 000 |
s. 57(2) | Park operator requiring tenant to appoint particular person as selling agent | $1 000 |
s. 57A(2) | Demanding or receiving payment for sale of relocatable home other than under selling agency agreement | $1 000 |
s. 57C(1) | Selling agent failing to deal with money in accordance with section | $600 |
r. 7(2) | Park operator failing to complete and give property condition report | $1 000 |
r. 7(4) | Tenant failing to complete and give property condition report | $1 000 |
r. 7(5) | Failing to complete and give property condition report after termination of the tenancy | $1 000 |
r. 7(6) | Providing false or misleading information in property condition report | $1 000 |
[r. 25]
Infringement notice no. | ||||
Name | ||||
Address | ||||
Date or period | ||||
Time | ||||
Place | ||||
Details of offence | ||||
Written law contravened | ||||
Date of notice | ||||
Name | ||||
Office | ||||
Signature | ||||
$ | ||||
It is alleged that you have committed the above offence. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. | ||||
By post | ||||
In person | ||||
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Time | |||||
Place | |||||
Details of offence | |||||
Written law contravened | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. * Your refund is enclosed * If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — | |||||
This is a compilation of the
1 Aug 2007 p. 3837-985 | r. 1 and 2: 1 Aug 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Aug 2007 (see r. 2(b) and | ||
5 Jul 2011 p. 2813-22 | r. 1 and 2: 5 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Jul 2011 (see r. 2(b)) | ||
14 Nov 2013 p. 5063-4 | r. 1 and 2: 14 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and | ||
9 Apr 2019 p. 1042‑55 | 15 Apr 2019 (see r. 2(b) and | ||
SL 2021/205 3 Dec 2021 | r. 1 and 2: 3 Dec 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Jan 2022 (see r. 2(b) and SL 2021/195 cl. 2) | ||
Act..................................................................................... Sch. 1, Sch. 1, Sch. 2, Sch. 2
agreed premises.......................................................................................... Sch. 1, Sch. 2
authorised deposit-taking institution..................................................................... 27(1)
commencement day...................................................................................... 26(1), 28(1)
consultation period................................................................................................ 14B(3)
essential service......................................................................................... Sch. 1, Sch. 2
existing park rules.................................................................................................... 28(1)
feedback period...................................................................................................... 14B(2)
final notice.............................................................................................................. 14B(5)
first notice............................................................................................................... 14B(1)
information booklet................................................................................... Sch. 1, Sch. 2
on-site home............................................................................................................. Sch. 2
park.............................................................................................................. Sch. 1, Sch. 2
park operator.............................................................................................. Sch. 1, Sch. 2
prescribed rate........................................................................................................... 17(1)
reasonable time.......................................................................................... Sch. 1, Sch. 2
Regulations................................................................................................. Sch. 1, Sch. 2
relevant bank accepted bills rate............................................................................ 17(1)
relevant period.......................................................................................................... 26(1)
relocatable home........................................................................................ Sch. 1, Sch. 2
residential park........................................................................................... Sch. 1, Sch. 2
rule proposal........................................................................................................... 14B(1)
security bond amount...................................................................................................... 3
shared premises.......................................................................................... Sch. 1, Sch. 2
site................................................................................................................ Sch. 1, Sch. 2
suitable repairer......................................................................................... Sch. 1, Sch. 2
tenant........................................................................................................... Sch. 1, Sch. 2
tenant’s lawful enjoyment........................................................................ Sch. 1, Sch. 2
Unclaimed Security Bond Account....................................................................... 19(1)
urgent repairs.............................................................................................. Sch. 1, Sch. 2
voluntary sharing arrangement................................................................ Sch. 1, Sch. 2
0
0
0