Residential Parks Regulation 1999 (NSW)
This Regulation is the Residential Parks Regulation 1999.
This Regulation commences on 1 March 1999.
In this Regulation:
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
This clause applies to premises that consist of a residential site, or a moveable dwelling on a residential site, if the moveable dwelling occupied or intended to be occupied (whether or not it is comprised in the premises) is a caravan, or campervan, that does not have a rigid annexe attached to it.
The Act does not apply to premises to which this clause applies for the first 30 days of the occupation of the relevant premises unless the park owner and the resident agree that the Act applies.
The Act applies to the premises after the first 30 days unless either the park owner or the resident has notified the other party that the Act is not to apply until a later date specified in the notification, but that date cannot be later than 60 days after the occupation commenced. If the occupation continues after the notified date the Act then applies to the premises.
In this clause:
(Repealed)
The standard form of residential tenancy agreement is:
(a) in the case of a residential site agreement that creates a tenancy for a term of up to 3 years—the form set out in Schedule 1, or
(b) in the case of a residential site agreement that creates a tenancy for a term exceeding 3 years—the form set out in Schedule 2, or
(c) in the case of an agreement that creates a tenancy for a term of up to 3 years and is not a residential site agreement or an agreement with respect to land reserved or dedicated under the National Parks and Wildlife Act 1974—the form set out in Schedule 3, or
(d) in the case of an agreement that creates a tenancy for a term exceeding 3 years and is not a residential site agreement or an agreement with respect to land reserved or dedicated under the National Parks and Wildlife Act 1974—the form set out in Schedule 4, or
(e) in the case of an agreement that creates a tenancy with respect to land reserved or dedicated under the National Parks and Wildlife Act 1974—the form set out in Schedule 4A.
The standard form of residential tenancy agreement set out in Schedule 2 or 4 for residential premises that are not Crown reserves must be in a form approved by the Registrar-General for registration under the Real Property Act 1900.
When this Regulation is amended by altering, adding or substituting a standard form of residential tenancy agreement, the amendment does not apply to a residential tenancy agreement entered into before the commencement of the amendment.
For the purposes of section 10 (1) (c) of the Act, any additional terms of a residential tenancy agreement must be set out on a separate page of the agreement using the heading and opening words set out in the relevant part of the standard form of residential tenancy agreement set out in Schedule 1, 2, 3 or 4. The heading and opening words must be in a similar style to that set out in the relevant part of the relevant agreement.
At or before the time of entering into a residential tenancy agreement the park owner must provide the resident with a copy of the publication entitled “Residential Park Living”, dated February 1999 and available from the Office of Fair Trading within the Department of Commerce.
Maximum penalty: 1 penalty unit.
It is sufficient compliance with this clause if the park manager provides the resident with a copy of that publication.
The condition report relating to the condition of residential premises contained or referred to in a standard form of residential tenancy agreement:
(a) must be completed by or on behalf of the park owner at or before the time the agreement is given to the resident for signing, and
(b) must be given in duplicate by the park owner to the resident at or before the time that the resident signs the agreement.
The resident must complete and give one copy of the condition report to the park owner not later than 7 days after receiving it.
At, or as soon as reasonably practicable after, the termination of a residential tenancy agreement entered into in the standard form, both the park owner and the resident must complete the copy of the condition report retained by the park owner or the resident under this clause, in the presence of the other party.
It is not a breach of subclause (3) for the condition report to be completed in the absence of the other party if the party completing the report has given the other party a reasonable opportunity to be present when it is completed.
It is sufficient compliance with this clause by the park owner if the park manager meets the obligations of the park owner under this clause.
Section 143 of the Act provides that a resident may give to a park manager appointed under that section any notices or other documents required to be given to the park owner.
The following classes of residential tenancy agreements are exempt from the operation of section 8 (4) of the Act (which requires a prescribed standard form of residential tenancy agreement to include a condition report):
(a) a residential tenancy agreement that creates a tenancy for a term of more than 3 years,
Note— The registrable standard forms of residential tenancy agreements that create tenancies for a term of more than 3 years do not include a condition report, but the standard forms (set out in Schedules 2 and 4) require the inclusion of such a condition report, which must be completed in the usual manner. The condition report does not have to be registered.
(b) a residential tenancy agreement that is a renewed agreement (that is, an agreement made on or before the termination of a previous agreement entered into by the same resident in respect of the same residential premises) where:
(i) that or any other previous residential tenancy agreement entered into by the resident included a condition report for the premises, and
(ii) the renewed agreement provides for such a condition report to form part of the renewed agreement, and
(iii) the resident’s occupation of the premises has been continuous since entering into occupation of the premises under the agreement that included that condition report.
For the purposes of section 12 of the Act, the maximum amount payable by a resident for the costs of preparation of a written residential tenancy agreement and for any other charges (other than duty under the Duties Act 1997) payable by the resident in respect of the agreement is:
(a) in the case of an agreement creating a tenancy exceeding 3 years that is registered under the Real Property Act 1900—the fee prescribed under that Act to register the dealing plus $15, or
(b) in any other case—$15.
For the purposes of section 30 of the Act, the maximum amount that a resident may be required to pay for the cost of providing a key or other opening device to any lock or other security device to restrict entry to the residential park is:
(a) in the case of a resident who has paid a rental bond in relation to a residential tenancy agreement with the park owner—nil, or
(b) in the case of a resident who has not paid such a rental bond—$15 which is refundable on surrender of the key or device to the park owner.
For the purposes of section 30 of the Act, the maximum amount that a resident may be required to pay for the cost of providing a replacement key or other opening device to any lock or other security device to restrict entry to the residential park is $15.
For the purposes of clause 8 of Schedule 1 to the Act, the maximum amount that a resident under an existing residential tenancy agreement may be required to pay for the cost of providing a key or other opening device for a lock or other security device installed before the commencement of section 30 of the Act is:
(a) in the case of a resident who has paid a rental bond in relation to the existing residential tenancy agreement—nil, or
(b) in the case of a resident who has not paid such a rental bond—$15 which is refundable on surrender of the key or device to the park owner.
For the purposes of clause 8 of Schedule 1 to the Act, the maximum amount that a resident under an existing residential tenancy agreement may be required to pay for the cost of providing a replacement key or other opening device for a lock or other security device installed before the commencement of section 30 of the Act is $15.
For the purposes of section 36 (1) (a) of the Act, a resident is required to pay all gas consumption charges in connection with any residential premises, including gas consumption charges payable under any Act or regulation or under any arrangement authorised by any Act or regulation.
However, a resident is not required to pay any gas consumption charges for gas supplied by a park owner to the resident unless the gas is supplied through a gas meter that has been tested, sealed and stamped in accordance with the Gas Supply (Gas Meters) Regulation 1997.
For the purposes of section 36 (1) (d) of the Act, the prescribed charges that a resident is required to pay are:
(a) any charges for pumping out a septic system arising from the use of the residential premises by the resident, other than charges included in rates fixed under the Local Government Act 1993,
(b) any excess garbage or sanitary charges relating to the resident’s use of the residential premises.
For the purposes of section 44 of the Act, the circumstances in which a person may require or receive a reservation fee from a prospective resident of a residential site (but not from a resident of that residential site) are circumstances in which the following conditions are satisfied:
(a) the fee does not exceed one week’s rent of the residential premises concerned (based on the proposed rent under the proposed residential tenancy agreement),
(b) no other reservation fee has been received for the residential premises in respect of that proposed residential tenancy agreement,
(c) a receipt containing the following particulars is given to the person who pays the reservation fee by the person who receives it:
(i) the name of the person who receives the payment or on whose behalf the payment is received,
(ii) the name of the person making the payment or on whose behalf the payment is made,
(iii) the address of the residential premises in respect of which the payment is made,
(iv) the date on which the payment is received,
(v) the amount of the payment,
(d) the person who requires or receives the reservation fee gives the person paying the fee a written acknowledgment that:
(i) the premises will not be let during a specified period, pending the making of a residential tenancy agreement, and
(ii) if the park owner has decided not to enter into a residential tenancy agreement in the agreed terms for the residential premises concerned during that period, the whole of the fee will be refunded, and
(iii) if the entering into of the residential tenancy agreement is conditional on the park owner carrying out repairs or other work and the park owner does not carry out the repairs or other work during the specified period, the whole of the fee will be refunded, and
(iv) if the prospective resident decides not to enter into such an agreement, and the premises were not let or otherwise occupied during the period they were reserved, the park owner may retain so much of the fee as is equal to the amount of rent that would have been paid during the period the premises were reserved (based on the proposed rent) but is required to refund the remainder (if any) of the fee, and
(v) if a residential tenancy agreement is entered into, the fee is to be paid towards rent for the residential premises concerned.
A reservation fee must not be required of a person who is a resident in respect of the residential premises and must not be received from such a person.
In this clause:
For the purposes of section 45 of the Act, the following fees may be required or received from the resident, but only if the residential tenancy agreement specifies that such fees are payable by the resident and specifies the amount of any such fees:
(a) reasonable visitors’ fees,
(b) security deposits or charges payable in advance, as the case may be, for the supply of any gas, electricity or telephone service by the park owner, not exceeding the amount that could have been charged if the service was supplied directly to the resident by the relevant authority.
Visitors fees may not be required or received from a resident:
(a) if the moveable dwelling in which the visitors stayed contains its own bathroom facilities, or
(b) if the communal bathroom facilities for the residential park are charged for on a “user pays” basis.
In this clause:
For the purposes of section 62 (2) (j) of the Act, the following matters are prescribed:
(a) waste recycling,
(b) safety of persons and property within the residential park,
(c) the storage and repair of motor vehicles, boats and trailers,
(d) means of transportation within the residential park.
For the purposes of section 66 (5) (h) of the Act, the function of assisting the park owner in developing a policy for supervising the placing of notices on park notice boards is prescribed.
Goods (including any relocatable home or other moveable dwelling owned by a resident) that have been left on residential premises by the resident after the resident vacates the premises become
(a) when the resident vacates the premises, or
(b) if the resident vacates the premises before the residential tenancy agreement is terminated, when the agreement is terminated.
Uncollected goods may be disposed of as provided by this Part, but only if the requirements of this Part are complied with.
Uncollected goods that have not been removed from the residential premises by the resident within 2 working days after they become uncollected goods are to be dealt with as provided by this clause.
The goods are to be stored in a safe place by the park owner or park manager unless the goods are disposed of as authorised by this clause.
If the goods are perishable foodstuffs, the park owner or park manager may remove and destroy or otherwise dispose of the goods.
If the park owner or park manager is reasonably of the opinion that it would cost more to remove, store and sell the goods (other than any moveable dwelling) than those goods are worth, the park owner or park manager may remove and destroy or otherwise dispose of the goods (other than any moveable dwelling).
If the residential premises consist of a residential site, and the goods left on the premises include a moveable dwelling, the park owner or park manager may store any other goods in the moveable dwelling and may store the moveable dwelling on the residential site.
In this clause,
When goods are stored by the park owner or park manager, the park owner or park manager must:
(a) give the resident written notice that the goods have been stored, and
(b) publish a notice that the goods have been stored in a newspaper circulating generally throughout the State.
The notices must be given and published within 7 days after the goods are stored.
The notice referred to in subclause (1) (a) may (in addition to any other way in which it may be given) be given to the resident by being sent by post to the resident at the last forwarding address known to the park owner or park manager.
The notice referred to in subclause (1) (a) may, instead of being given to the resident, be given to a representative nominated by the resident before the resident vacated the residential premises.
The notice referred to in subclause (1) (a) must contain the following:
(a) the park owner’s name and address, or an address at which the goods can be claimed,
(b) the resident’s name,
(c) the address of the residential premises (including the site number, where appropriate),
(d) a brief description of the goods and, if the goods are or include a moveable dwelling, a description of the moveable dwelling,
(e) a statement that, on or after a specified date the goods (other than any moveable dwelling) will be sold by public auction unless they are first claimed, and any reasonable costs of removal, storage, notice of storage and sale (including the cost of advertising the sale) are paid,
(f) if the goods are or include a moveable dwelling, a statement that the park owner intends to apply to the Tribunal for an order authorising the removal, destruction, disposal or sale of the moveable dwelling, unless the dwelling is first claimed, and any reasonable costs of removal, storage, notice of storage, application to the Tribunal and sale (including the cost of advertising the sale) are paid,
(g) a statement that the park owner will retain out of the proceeds of any sale of the goods any reasonable costs of removal, storage, notice of storage, application to the Tribunal and sale (including the cost of advertising the sale),
(h) a statement that the resident is entitled to the balance of the proceeds of any sale of the goods.
The notice referred to:
(a) in subclause (1) (a) is to be in the form set out in Schedule 7, and
(b) in subclause (1) (b) is to be in the form set out in Schedule 8.
As soon as practicable after uncollected goods, being a moveable dwelling, have been stored by the park owner or park manager in accordance with this Part for 30 days, the park owner is to apply to the Tribunal for an order under section 134 of the Act authorising the removal, destruction, disposal or sale of the moveable dwelling.
A park owner may not dispose of a moveable dwelling unless the Tribunal has made such an order.
The park owner is to dispose of or otherwise deal with the moveable dwelling in the manner authorised by the Tribunal as soon as practicable after the Tribunal makes the order.
The park owner is required to account to the resident for the balance of the proceeds of the sale (if any) of the moveable dwelling after deduction of the reasonable costs of removal, storage, notice of storage, application to the Tribunal and sale of the dwelling (including the cost of advertising the sale).
If the park owner has not located the resident, after making reasonable attempts to do so, for the purpose of accounting to the resident for the balance of the proceeds of any sale, the balance of the proceeds is to be dealt with as if it were unclaimed money under the Unclaimed Money Act 1995.
As soon as practicable after uncollected goods (other than a moveable dwelling) have been stored by the park owner or park manager in accordance with this Part for 30 days, the park owner or park manager is to cause them to be sold by public auction.
The park owner or park manager is required to account to the resident for the balance of the proceeds of the sale of the goods after deduction of the reasonable costs of removal, storage, notice of storage and sale of the goods, including the cost of advertising the sale.
If the park owner has not located the resident, after making reasonable attempts to do so, for the purpose of accounting to the resident for the balance of the proceeds of any sale, the balance of the proceeds is to be dealt with as if it were unclaimed money under the Unclaimed Money Act 1995.
A person who is entitled to possession of goods left on residential premises may claim the goods at any time before they are destroyed, sold or otherwise disposed of under this Part.
The park owner or park manager must deliver up the goods to a person who claims them if the park owner or park manager is satisfied that the person is entitled to claim them.
The park owner is entitled to require payment of the park owner’s or park manager’s costs and expenses actually incurred in the removal and storage of goods, in the notification of storage and in advertising the sale of the goods (not exceeding a reasonable amount for those costs and expenses), before delivering goods to a person under this clause.
If a claim is for some but not all of the goods, and the remaining goods are worth enough to cover the reasonable costs of removal, storage and notice of storage of all of the goods and advertising the sale, the park owner or park manager must deliver up the claimed goods to the claimant without requiring payment of the park owner’s or park manager’s reasonable costs of removal, storage, notice of storage and advertising of the sale of the claimed goods.
This clause applies to all notices or other documents (including summonses but not including notices of termination) required to be given under the Act or this Regulation.
For the purposes of section 153 (1) of the Act, a notice or other document required to be given under the Act to a resident may be given by sending it by post to the resident’s usual place of business or employment.
For the purposes of section 153 (2) of the Act, a notice or other document required to be given under the Act to a park owner may be given by sending it by post or by facsimile transmission to the usual place of business of the park owner or park manager.
A notice or other document required to be given to a person other than a park owner or resident may be given:
(a) by delivering it personally to the person, or
(b) by sending it by post to the person’s usual place of residence or business or employment, or
(c) in such other manner as may be approved by the Tribunal.
For the purposes of section 153 (4) of the Act, a notice of termination given under the Act to a resident may be given:
(a) by delivering it personally to the resident or a person apparently of or above the age of 16 years by whom the rent payable by the resident is ordinarily paid, or
(b) by delivering it to the residential premises occupied by the resident and by leaving it there with some person apparently of or above the age of 16 years for the resident, or
(c) by sending it by post to the residential premises occupied by the resident.
For the purposes of section 153 (4) of the Act, a notice of termination given under the Act to a park owner may be given:
(a) by delivering it personally to the park owner, the park manager or a person apparently of or above the age of 16 years to whom the rent payable to the park owner is ordinarily paid, or
(b) by sending it by post to the park owner’s usual place of residence or business or employment, or
(c) by sending it by post or facsimile transmission to the park owner’s or park manager’s usual place of business.
Section 143 of the Act provides that a resident may give to a park manager appointed under that section any notices or other documents required to be given to the park owner.
Any record or copy of a rent receipt required to be kept by a park owner under section 49 of the Act may be kept in written or in electronic form.
Any record kept in electronic form that is required to be produced by a notice under section 136C of the Act, or by an order of the Tribunal, is to be produced in written form, unless the notice provides (or the Tribunal directs) otherwise.
For the purposes of section 37 (6) (b) of the Act, the prescribed code in relation to electricity is the code published by the Department under the title Customer Service Standards for the Supply of Electricity to Permanent Residents of Residential Parks, as published in March 2006.
For the purposes of section 39 (2A) (b) of the Act, the prescribed amount in relation to the year commencing 1 July 2006 and any subsequent year is $50 for water availability charges for that year.
If the Tribunal so determines in relation to any proceedings under section 130A of the Act, any costs referred to in subsection (6) of that section are to be paid by the parties to the proceedings:
(a) in such proportions as are agreed between them, or
(b) failing agreement, in such proportions as are ordered by the Tribunal.
For the purposes of sections 36 (1) (b), 38 (1) and 39 (1) of the Act, residential premises must be individually metered in accordance with the Plumbing and Drainage Code of Practice, or, if that Code of Practice is not in effect, in a manner that meets the requirements of a water supply authority that operates in the area in which the residential premises are located.
In this clause:
An instrument of assignment may be (but is not required to be) in either of the forms set out in Schedule 5.
For the purposes of section 123 of the Act, the prescribed form of warrant authorising a sheriff’s officer to enter residential premises to enforce an order for possession is the form set out in Schedule 6.
For the purposes of section 149 of the Act:
(a) each offence created by a provision specified in Column 1 of Schedule 9 is prescribed as one for which a penalty notice may be issued, and
(b) the prescribed penalty for such an offence if dealt with under that section is the amount specified in Column 4 of Schedule 9.
For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 9 consists of:
(a) if one or more IPB codes are set out in relation to the offence in Column 3 of Schedule 9, any of those IPB codes together with:
(i) the text set out in relation to the offence in Column 2 of Schedule 9, or
(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or
(b) if no IPB code is set out in relation to the offence in Column 3 of Schedule 9:
(i) the text set out in relation to the offence in Column 2 of Schedule 9, or
(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.
For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 9, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
In this clause:
For the purposes of section 148 (4) of the Act, the maximum monetary penalty that may be imposed by a Local Court in proceedings for an offence is 100 penalty units.
Any act, matter or thing that, immediately before the repeal of the Residential Tenancies (Moveable Dwellings) Regulation 1995, had effect under that regulation continues to have effect under this Regulation.
A person who, immediately before 10 April 2006, was an investigator under section 139 of the Act is taken to have been appointed, on that date, as an investigator under section 136A of the Act.
(Clause 7 (1) (a))
This agreement is in 2 parts:
• Part 1—Sets out the terms of the agreement.
• Part 2—Contains the condition report for the residential site.
1. The resident is entitled to have time to read this agreement (and the completed condition report referred to in this agreement) and to obtain appropriate advice if necessary.
2. The park owner or the park manager is required to give the resident a copy of “Residential Park Living”. That book explains the resident’s rights and obligations under this agreement.
3. The park owner is required to give the resident a copy of this agreement for the resident to keep.
4. The park owner is also required to provide the resident with a copy of the park rules and with a copy of other important information about this agreement (in the form of questions and answers) at or before the time that this agreement is entered into. Those park rules, and those questions and answers, must also be attached to this agreement when it is entered into.
(Name/s) (ACN)
(Address)
(Name of park manager) (ACN)
(Address)
Emergency contact No for park manager
(Name/s)
Other people who will ordinarily live at the residential site may be listed here (
The park owner gives the resident the right to occupy site No at
and the following parking space and storeroom (
Size of site (dimensions or square metres)
No more than persons may ordinarily live at the residential site at any one time.
The rent is $ payable every starting on //
The resident must pay in advance on the of every
The rent must be paid:
(a) to the park owner, or the park manager, at
, or
(b) at any other reasonable place the park owner names in writing, or
(c) into the following account , or any other account nominated by the park owner.
Payment must be made by the following method (
The term of this agreement is , beginning on // and ending on //
At the end of the term the resident can stay on the residential site at the same rent (or at an increased rent if the rent is increased in accordance with the Residential Parks Act 1998) and otherwise under the same terms unless or until the agreement is ended in accordance with the Residential Parks Act 1998.
A rental bond of $ must be paid by the resident to the park owner, or the park manager, on or before signing this agreement.
1.1 a copy of this agreement (for the resident to keep) at or before the time that another copy of the agreement is signed and given by the resident to the park owner or the park manager, and
1.2 a copy of this agreement that has been signed by both the park owner and the resident, as soon as reasonably practicable after signing.
4.1 Council rates, and
4.2 for electricity, other than electricity that the resident has agreed to pay for under clause 5.1 of this agreement, and
4.3 for water, other than water that the resident has agreed to pay for under clause 5.3 of this agreement, and
4.4 land taxes, and
4.5 the cost of installing any meters to measure the supply of water, electricity or gas, and
4.6 charges under any other Act.
5.1 any electricity charges agreed to in clause 6 of this agreement (if that clause is not crossed out) or in any other provision of this agreement, and
5.2 for gas, and
5.3 for one of the following classes of water charges:
5.3.1 excess water charges, if the site is individually metered by the relevant water supply authority in accordance with the Plumbing and Drainage Code of Practice or, if that Code of Practice is not in effect, in a manner that meets the requirements of a water supply authority that operates in the area in which the residential site is located, or
5.3.2 any charge for water consumption agreed to in clause 7 of this agreement (if that clause is not crossed out) or in any other provision of this agreement, or
5.3.3 from 1 January 2000, all charges for water consumption, if the site is individually metered in compliance with the regulations, the resident is billed directly by the water supply authority or by the park owner in accordance with the Residential Parks Act 1998, the charge for water is calculated according to the metered amount of water consumed and there is no minimum charge payable, and
5.4 any excess garbage or sanitary charges, and
5.5 any charges for pumping out a septic system arising from the use of the premises by the resident, and
5.6 an amount for any key or opening device, issued to the resident, not exceeding $15 for each key or device or replacement key or device issued, and
5.7 security deposits, or charges payable in advance, as the case may be, for the supply of any gas or any telephone service by the park owner, not exceeding the amount which could have been charged if the service was supplied directly to the resident by the relevant authority.
6.1 the residential premises are individually metered in compliance with the code published by the Department under the title Customer Service Standards for the Supply of Electricity to Permanent Residents of Residential Parks, as published in March 2006 (
the Code ), and6.2 any charges for the supply or resupply of electricity to the resident are calculated in accordance with the Code (whether by reference to a published domestic tariff or otherwise), and
6.3 the resident is provided with a receipt for any amount paid to the park owner for electricity consumption or availability, and that receipt is separate from any rent receipt provided to the resident or is identified separately on the rent receipt, and
6.4 the resident is issued with accounts that comply with section 37 of the Residential Parks Act 1998, and with any relevant provisions of the Code that are not inconsistent with that section.
7.1 the residential site is individually metered in accordance with the Plumbing and Drainage of Practice or, if that Code of Practice is not in effect, in a manner that meets the requirements of a water supply authority that operates in the area in which the residential site is located, and
7.2 the resident is billed either directly by the water supply authority or by the park owner in accordance with section 39 of the Residential Parks Act 1998, and
7.3 the charge for water is calculated according to the metered amount of water consumed and there is no minimum charge payable.
8.1 to make sure the residential site is vacant so the resident can move in on the date agreed, and
8.2 that there is no legal reason that the park owner knows about, or should know about when signing this agreement, why the residential site cannot be used as the site of a residence for the term of this agreement, and
8.3 that the park owner or park manager has given approval for the occupation of the residential site as the resident’s principal place of residence.
9.1 that the resident will have quiet enjoyment of the residential site without interruption by the park owner or any person claiming by, through or under the park owner or having superior title to that of the park owner, and
9.2 that the park owner or the park manager will not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of the resident in using the residential site.
10.1 the reasonable peace, comfort or privacy of any neighbour of the resident or any other person lawfully in the residential park, or
10.2 the proper use and enjoyment of the residential park by the other residents of the residential park.
11.1 not to use the residential site, or cause or permit the residential site to be used, for any illegal purpose, and
11.2 not to cause or permit a nuisance.
13.1 in an emergency (including entry for the purpose of carrying out urgent repairs),
13.2 if the Consumer, Trader and Tenancy Tribunal so orders,
13.3 if there is good reason for the park owner to believe the residential site is abandoned,
13.4 to inspect the residential site, if the resident gets 7 days’ notice (no more than 4 inspections are allowed in any period of 12 months),
13.5 to carry out necessary repairs (other than urgent repairs) or maintenance, if the resident gets 2 days’ notice on each occasion,
13.6 to show the residential site (but not any moveable dwelling on the site) to prospective buyers or mortgagees on a reasonable number of occasions, if the resident gets reasonable notice on each occasion,
13.7 to show the residential site (but not any moveable dwelling on the site) to prospective residents on a reasonable number of occasions if the resident gets reasonable notice on each occasion (this is only allowed during the last 14 days of the agreement),
13.8 if electricity, water or gas is supplied to the resident by the park owner, to inspect and read an electricity, water or gas meter situated on the residential site,
13.9 if the resident agrees.
14.1 must not enter the residential site on a Sunday or a public holiday, unless the resident agrees, and
14.2 may enter the residential site only between the hours of 8.00 am and 8.00 pm, unless the resident agrees to another time.
17.1 to keep the residential site reasonably clean, and
17.2 to notify the park owner as soon as practicable of any damage to the residential site, and
17.3 not to intentionally or negligently cause or permit any damage to the residential site, and
17.4 when the agreement ends, to leave the residential site as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report for the residential site that forms part of this agreement.
Note— The condition report that forms part of this agreement is the condition report set out in Part 2 of this agreement unless:
• the agreement is a renewed agreement, and
• the park owner and resident have agreed that clause 34 of this agreement applies, and
• a date has been inserted in clause 34, in which case the specified earlier condition report forms part of this agreement.
18.1 not to attach any fixture or renovate, alter or add to the residential site without the park owner’s written permission, and
18.2 not to remove, without the park owner’s written permission, any fixture attached to the residential site by the resident, and
18.3 to notify the park owner of any damage caused by removing any fixture attached to the residential site by the resident, and
18.4 to repair any damage caused by removing the fixture or compensate the park owner for the cost of repair, if the park owner asks for the removal and for compensation.
20.1 not to make any alteration to the moveable dwelling on the residential site that is visible from the outside of the moveable dwelling unless the park owner has agreed to the alteration, and
20.2 not to make any addition to the residential site unless the park owner has agreed to the addition.
22.1 subject to the payment of any refundable fee (under clause 5.6), the park owner will give a copy of the key or any other opening device or information required to open the locks or other security devices to the resident at the commencement of this agreement, and
22.2 the park owner will maintain those locks or security devices in working order.
23.1 subject to the payment of any refundable fee (under clause 5.6), the park owner will give a copy of the key or any other opening device or information required to open the locks or other security devices to the resident, and
23.2 the park owner will maintain those locks or security devices in working order.
25.1 that the resident may, with the prior consent of the park owner, assign the whole or part of the resident’s interest under this agreement or sub-let the residential site, and
25.2 that the park owner may not unreasonably withhold or refuse consent to the assignment or sub-letting, and
25.3 that the park owner will not impose any charge for giving such a consent, other than for the park owner’s reasonable expenses in giving consent.
The Notes at the end of this agreement (Note 10) explain in more detail some of the circumstances when the park owner may refuse to consent to the assignment or subletting of the residential site.
26.1 if the residential address of the park owner changes (and the park owner has not appointed a park manager), to give the resident notice in writing of the change within 14 days, and
26.2 if the name or business address of the park manager changes or the park owner appoints a park manager, to give the resident notice in writing of the change or the park manager’s name or business address, as appropriate, within 14 days, and
26.3 if the park owner or park manager is a corporation and the name of the secretary or other responsible agent of the corporation changes or the address of the registered office of the corporation changes, to give the resident notice in writing of the change within 14 days.
31.1 do not unreasonably interfere with the privacy, peace and quiet of the other residents of the residential park, or
31.2 do not unreasonably interfere with the proper use and enjoyment of the residential park by the other residents of the residential park.
At the termination of this agreement:
32.1 the resident agrees to return any key or other opening device provided to the resident, and32.2 the park owner agrees to refund to the resident any amount refundable on surrender of the key or device.
The following matter must be on a separate page
ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.
(a) both the park owner and the resident agree to the terms, and (b) they do not conflict with the Residential Parks Act 1998or any other Act, and (c) they do not conflict with the standard terms of this agreement.
Park owner’s signature
Resident’s signature
(
In this agreement:
This agreement can be terminated by the resident if the resident gives at least 30 days’ written notice to the park owner. The notice cannot be given before the expiry of any fixed term period of this agreement.
This agreement can be terminated by the park owner but only in limited circumstances.
A notice of termination may only be given to a resident who rents a residential site for the following reasons:
(a) if the resident is more than 14 days in arrears of rent (in which case the resident must be given at least 14 days to vacate the site),
(b) if the resident seriously or persistently breaches any term of the tenancy agreement (in which case the resident must be given at least 14 days to vacate the site),
(c) if the moveable dwelling is considered by the park owner to be in a seriously dilapidated condition (in which case the resident must first be given a warning notice to fix up the moveable dwelling within 90 days, and a second 30 days’ notice if they do not comply with the first warning. If the moveable dwelling is still dilapidated, a termination notice with at least 60 days’ notice may be given),
(d) if the site is to be used, whether by the park owner or some other person, for a purpose other than as a residential site (in which case a minimum 180 days’ termination notice must be given, or 12 months’ for Crown reserves). A resident cannot be requested to move out for this reason before the end of any remaining fixed term period of this agreement,
(e) if the park owner needs vacant possession of the site to comply with a requirement (eg by a local council) to carry out repairs or upgrading to the site (in which case the resident must be given at least 90 days’ termination notice). A resident cannot be requested to move out for this reason before the end of any remaining fixed term period of this agreement.
A park owner may request that a resident relocate to another site within the residential park or some other residential park operated by the park owner close by, or the parties may agree to relocate. At least 90 days’ notice must be given if a resident is requested to relocate, but it cannot be given before the end of any remaining fixed term period of this agreement. The resident relocates under the same terms and conditions (eg rent) that applied to the previous residential site.
A notice of termination must:
(a) be in writing, and
(b) state the address and site number of the residential site, and
(c) be signed by the person giving it and be dated, and
(d) allow the required period of time, and
(e) give the date the resident intends to, or is requested to, move out, and
(f) give the reasons for ending the agreement (if any), and
(g) be properly given.
If the notice is given by a park owner or park manager, the notice must state that information about the resident’s rights and obligations can be found in the tenancy agreement.
A notice of termination
(a) posted to the resident’s residence, or
(b) given to the resident personally, or
(c) given to a person aged over 16 who normally pays the rent, or
(d) given to a person aged over 16 at the residential site to pass on to the resident.
A notice of termination
(a) posted to the park owner’s residence, or
(b) given to the park owner, or to the park manager, personally, or
(c) posted or faxed to the park owner’s, or park manager’s, place of business, or
(d) given to a person aged over 16 who normally collects the rent.
Except in the case of certain residents living within Crown reserves, compensation is payable to a resident who has to vacate premises because of a change of use, repairs or upgrading, and to a resident who has to relocate.
A notice of termination does not end the tenancy by itself. The resident must return vacant possession of the premises to the park owner, on or after the day specified in the notice, for the tenancy to end. An application may be made to the Consumer, Trader and Tenancy Tribunal if the resident does not vacate when required.
It is an offence for any person to obtain possession of the premises without an order of the Consumer, Trader and Tenancy Tribunal, if the resident does not willingly move out. Fines and compensation can be ordered by a court in relation to such offences.
The park owner cannot increase the rent during the fixed term unless the agreement sets out the amount of the increase or the method of calculating the amount of the rent increase.
The resident must get
The resident can apply to the Consumer, Trader and Tenancy Tribunal within
If the park owner has reduced or withdrawn any goods, services or facilities, the resident can at any time apply to the Consumer, Trader and Tenancy Tribunal for an order that the rent is excessive.
The grounds on which a park owner may reasonably refuse to consent to the assignment or subletting of a residential site include (but are not limited to):
(a) that the park owner requires vacant possession of the site in order to carry out works required by law on the site or in the residential park, or
(b) if the site is within a Crown reserve, that the site is to be used for a public purpose other than a residential site.
The resident is entitled to sell a moveable dwelling owned by the resident and installed on the residential site while the dwelling is in place on the site, unless:
(a) this agreement provides as an additional term that on-site sales are prohibited, or
(b) the residential site is within a Crown reserve.
If the residential site is within a Crown reserve, the resident may, if the park owner consents, sell a moveable dwelling owned by the resident while the dwelling is in place on the site.
If the resident is entitled to sell a moveable dwelling on-site (or if the resident otherwise has the park owner’s consent to sell a moveable dwelling on-site), the resident must inform the park owner of the resident’s intention to offer the dwelling for sale on-site before displaying a “for sale” sign on the dwelling.
“For sale” signs must comply with any restrictions set on them by this agreement or, if no restrictions are set by this agreement, any restrictions set by the Park Liaison Committee.
A park owner must not interfere with the sale by the resident of a moveable dwelling while it is installed on the residential site, unless such interference is permitted by an additional term to this agreement.
in the presence of |
( |
( |
( |
The resident acknowledges that, at or before the time of signing this residential tenancy agreement, the resident was given a copy of each of the following documents:
Initial each box if you have received the document. | |
A statement of the costs of preparation of this residential tenancy agreement and of any other charges payable by the resident in respect of the agreement. | □ |
The book entitled “Residential Park Living”. | □ |
A list of questions and answers about living in the residential park (which are also attached to this agreement). | □ |
The park rules for the residential park (which are also attached to this agreement). | □ |
in the presence of |
( |
( |
( |
1. Three copies of this condition report are filled out and signed by the park owner or the park manager.
2. The park owner or the park manager records the condition of the residential site by indicating whether the particular item is clean, undamaged and working by placing “Y” (YES) or “N” (NO) in the appropriate column.
3. Two copies of the report which have been filled in and signed by the park owner or the park manager are given to the resident at or before the time of entering into the agreement. The landlord keeps the third.
4. The resident indicates agreement or disagreement with the condition indicated by the park owner or park manager by placing “Y” (YES) or “N” (NO) in the appropriate columns.
5. The resident returns one copy of the completed condition report to the park owner or park manager within 7 days and keeps the second copy.
6. At, or as soon as practicable after, the termination of a residential tenancy agreement, both the park owner and resident should complete the copy of the condition report that they retained, indicating the condition of the residential site at the end of the tenancy. This should be done in the presence of the other party, unless the other party has been given a reasonable opportunity to be present and has not attended the inspection.
1. This condition report is an important record of the condition of the residential site when the tenancy begins.
2. At the end of the tenancy the premises will be inspected and the condition of the residential site at that time will be compared to that stated in the original condition report.
3. It is important to complete the condition report accurately. It may be vital if there is a dispute, particularly about the return of the rental bond money and any damage to the residential site.
4. If the resident disagrees with the park owner’s condition report this must be confirmed in writing, preferably on the condition report, either by placing “N” (NO) in the appropriate column and by making an appropriate comment alongside that column.
5. The Consumer, Trader and Tenancy Tribunal has the power to hear disputes about the validity of a condition report.
CONDITION REPORT
Condition of premises at start | Condition of premises at end | ||||||||
Clean | Undamaged | Working | Tenant Agrees | Comments | Clean | Undamaged | Working | Tenant Agrees | Comments |
SITE exclusive facilities (specify) | |||||||||
landscaping | |||||||||
driveway | |||||||||
storeroom/ shed | |||||||||
site slab (concrete) | |||||||||
services/ facilities (specify) | |||||||||
general appearance | |||||||||
utility services: eg water electricity gas TV aerial connection | |||||||||
Quantity of gas in portable cylinder(s) at start (if cylinder provided by park owner) | |||||||||
Capacity of electricity supply to site (in amperes) |
Park owner’s/park manager’s signature
Resident’s signature
Date
PARK OWNER’S PROMISE TO UNDERTAKE WORK (
The park owner agrees to undertake the following cleaning, repairs, additions or other work during the tenancy
The park owner agrees to complete that work by
Park owner’s/park manager’s signature
Resident’s signature
Date
Further items and comments may be added on a separate sheet signed by the park owner/park manager and the resident and attached to this report.
(Clause 7 (1) (b))
1. The resident is entitled to have time to read this agreement (and the completed condition report referred to in this agreement) and to obtain appropriate advice if necessary.
2. The park owner or the park manager is required to give the resident a copy of “Residential Park Living”. That book explains the resident’s rights and obligations under this agreement.
3. The park owner is required to give the resident a copy of this agreement for the resident to keep.
4. The park owner is also required to provide the resident with a copy of the park rules and with a copy of other important information about this agreement (in the form of questions and answers) at or before the time that this agreement is entered into. Those park rules, and those questions and answers, must also be attached to this agreement when it is entered into.
(Name/s) (ACN)
(Address)
(Name of park manager) (ACN)
(Address)
Emergency contact No for park manager
(Name/s)
Other people who will ordinarily live at the residential site may be listed here (
The park owner gives the resident the right to occupy site No at
and the following parking space and storeroom (
Size of site (dimensions or square metres)
No more than persons may ordinarily live at the residential site at any one time.
The rent is $ payable every starting on //
The resident must pay in advance on the of every
The rent must be paid:
(a) to the park owner, or the park manager, at
, or
(b) at any other reasonable place the park owner names in writing, or
(c) into the following account , or any other account nominated by the park owner.
Payment must be made by the following method (
The term of this agreement is , beginning on // and ending on //
At the end of the term the resident can stay on the residential site at the same rent (or at an increased rent if the rent is increased in accordance with the Residential Parks Act 1998) and otherwise under the same terms unless or until the agreement is ended in accordance with the Residential Parks Act 1998.
A rental bond of $ must be paid by the resident to the park owner, or the park manager, on or before signing this agreement.
1.1 a copy (for the resident to keep) of clauses 2–33 (clauses 6, 7 and 17.4 excepted) of the standard form residential site agreement set out in Part 1 of Schedule 1 to the Residential Parks Regulation 1999, at or before the time another copy of this agreement is signed and given by the resident to the park owner or the park manager, and
1.2 a copy of the notes forming part of that standard form agreement (other than Part 2 of that standard form), before the time this agreement is signed and given by the resident to the park owner or a person on the park owner’s behalf, and
1.3 a copy of this agreement at or before the time the agreement is signed and given by the resident to the park owner or a person on the park owner’s behalf, and
1.4 a copy of this agreement that has been signed by both the park owner and the resident, as soon as reasonably practicable after signing.
4.1 to prepare, or to ensure that the park manager prepares, 3 copies of a condition report in the same form as that set out in Part 2 of Schedule 1 to the Residential Parks Regulation 1999, and
4.2 to ensure that the park manager completes all relevant sections of the report, including the section headed “SITE”, and
4.3 to give 2 copies of the report to the resident at or before the time of entering into the agreement.
5.1 to indicate on that report the resident’s agreement or disagreement with the condition indicated by the park owner or park manager by placing “Y” (YES) or “N” (NO) in the appropriate column,
5.2 to return a copy of the completed condition report to the park owner or park manager within 7 days of receiving the report.
8.1 the residential premises are individually metered in compliance with the code published by the Department under the title Customer Service Standards for the Supply of Electricity to Permanent Residents of Residential Parks, as published in March 2006 (
the Code ), and8.2 any charges for the supply or resupply of electricity to the resident are calculated in accordance with the Code (whether by reference to a published domestic tariff or otherwise), and
8.3 the resident is provided with a receipt for any amount paid to the park owner for electricity consumption or availability, and that receipt is separate from any rent receipt provided to the resident or is identified separately on the rent receipt, and
8.4 the resident is issued with accounts that comply with section 37 of the Residential Parks Act 1998, and with any relevant provisions of the Code that are not inconsistent with that section.
9.1 the residential site is individually metered in accordance with the Plumbing and Drainage Code of Practice or, if that Code of Practice is not in effect, in a manner that meets the requirements of a water supply authority that operates in the area in which the residential site is located, and
9.2 the resident is billed either directly by the water supply authority or by the park owner in accordance with section 38 of the Residential Parks Act 1998, and
9.3 the charge for water is calculated according to the metered amount of water consumed and there is no minimum charge payable.
The following matter must be on a separate page
ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.
(a) both the park owner and the resident agree to the terms, and (b) they do not conflict with the Residential Parks Act 1998or any other Act, and (c) they do not conflict with the standard terms of this agreement.
Park owner’s signature
Resident’s signature
(
in the presence of |
( |
( |
( |
The resident acknowledges that, at or before the time of signing this residential tenancy agreement, the resident was given a copy of each of the following documents:
Initial each box if you have received the document. | |
A statement of the costs of preparation of this residential tenancy agreement and of any other charges payable by the resident in respect of the agreement. | □ |
The book entitled “Residential Park Living”. | □ |
A list of questions and answers about living in the residential park (which are also attached to this agreement). | □ |
The park rules for the residential park (which are also attached to this agreement). | □ |
in the presence of |
( |
( |
( |
(Clause 7 (1) (c))
This agreement is in 2 parts:
• Part 1—Sets out the terms of the agreement.
• Part 2—Contains the condition report for the residential premises.
IMPORTANT NOTES ABOUT THIS AGREEMENT
1. The resident is entitled to have time to read this agreement (and the completed condition report referred to in this agreement) and to obtain appropriate advice if necessary.
2. The park owner or the park manager is required to give the resident a copy of “Residential Park Living”. That book explains the resident’s rights and obligations under this agreement.
3. The park owner is required to give the resident a copy of this agreement for the resident to keep.
4. The park owner is also required to provide the resident with a copy of the park rules and with a copy of other important information about this agreement (in the form of questions and answers) at or before the time that this agreement is entered into. Those park rules, and those questions and answers, must also be attached to this agreement when it is entered into.
(Name/s) (ACN)
(Address)
(Name of park manager) (ACN)
(Address)
Emergency contact No for park manager
(Name/s)
Other people who will ordinarily live at the residential premises may be listed here (
The park owner gives the resident the right to occupy site No at
and the following parking space and storeroom (
Size of site (dimensions or square metres):
The premises are unfurnished/The premises are furnished/The furniture and furnishings set out in the condition report are included. (
No more than persons may ordinarily live at the residential premises at any one time.
The rent is $ payable every starting on //
The resident must pay in advance on the of every
The rent must be paid:
(a) to the park owner, or the park manager, at
, or
(b) at any other reasonable place the park owner names in writing, or
(c) into the following account , or any other account nominated by the park owner.
Payment must be made by the following method (
The term of this agreement is , beginning on // and ending on //
At the end of the term the resident can stay in the residential premises at the same rent (or at an increased rent if the rent is increased in accordance with the Residential Parks Act 1998) and otherwise under the same terms unless or until the agreement is ended in accordance with the Residential Parks Act 1998.
A rental bond of $ must be paid by the resident to the park owner, or the park manager, on or before signing this agreement.
1.1 a copy of this agreement (for the resident to keep) at or before the time that another copy of the agreement is signed and given by the resident to the park owner or the park manager, and
1.2 a copy of this agreement that has been signed by both the park owner and the resident, as soon as reasonably practicable after signing.
4.1 Council rates, and
4.2 for electricity, other than electricity that the resident has agreed to pay for under clause 5.1 of this agreement, and
4.3 for water, other than water that the resident has agreed to pay for under clause 5.3 of this agreement, and
4.4 land taxes, and
4.5 the cost of installing any meters to measure the supply of water, electricity or gas, and
4.6 charges under any other Act.
5.1 any electricity charges agreed to in clause 6 of this agreement (if that clause is not crossed out) or in any other provision of this agreement, and
5.2 for gas, and
5.3 for one of the following classes of water charges:
5.3.1 excess water, if the residential premises are individually metered by the relevant water supply authority in accordance with the Plumbing and Drainage Code of Practice or, if that Code of Practice is not in effect, in a manner that meets the requirements of a water supply authority that operates in the area in which the residential premises are located, or
5.3.2 any charge for water consumption agreed to in clause 7 of this agreement (if that clause has not been crossed out) or in any other provision of this agreement, or
5.3.3 from 1 January 2000, all charges for water consumption, if the residential premises are individually metered in compliance with the regulations, the resident is billed directly by the water supply authority or by the park owner in accordance with the Residential Parks Act 1998, the charge for the water is calculated according to the metered amount of water consumed and there is no minimum charge payable, and
5.4 any excess garbage or sanitary charges, and
5.5 any charges for pumping out a septic system arising from the use of the premises by the resident, and
5.6 reasonable visitors fees (if such fees are permitted by the regulations), and
5.7 an amount for any key or opening device, issued to the resident, not exceeding $15 for each key or device or replacement key or device issued, and
5.8 security deposits, or charges payable in advance, as the case may be, for the supply of any gas or any telephone service by the park owner, not exceeding the amount which could have been charged if the service was supplied directly to the resident by the relevant authority.
6.1 the residential premises are individually metered in compliance with the code published by the Department under the title Customer Service Standards for the Supply of Electricity to Permanent Residents of Residential Parks, as published in March 2006 (
the Code ), and6.2 any charges for the supply or resupply of electricity to the resident are calculated in accordance with the Code (whether by reference to a published domestic tariff or otherwise), and
6.3 the resident is provided with a receipt for any amount paid to the park owner for electricity consumption or availability, and that receipt is separate from any rent receipt provided to the resident or is identified separately on the rent receipt, and
6.4 the resident is issued with accounts that comply with section 37 of the Residential Parks Act 1998, and with any relevant provisions of the Code that are not inconsistent with that section.
7.1 the residential premises are individually metered in accordance with the Plumbing and Drainage Code of Practice or, if that Code of Practice is not in effect, in a manner that meets the requirements of a water supply authority that operates in the area in which the residential premises are located, and
7.2 the resident is billed either directly by the water supply authority or by the park owner in accordance with section 39 of the Residential Parks Act 1998, and
31.1 if the residential address of the park owner changes (and the park owner has not appointed a park manager), to give the resident notice in writing of the change within 14 days, and
31.2 if the name or business address of the park manager changes or the park owner appoints a park manager, to give the resident notice in writing of the change or the park manager’s name or business address, as appropriate, within 14 days, and
31.3 if the park owner or park manager is a corporation and the name of the secretary or other responsible agent of the corporation changes or the address of the registered office of the corporation changes, to give the resident notice in writing of the change within 14 days.
34A.1 to install any smoke alarms that are required by law to be installed on the residential premises, and
34A.2 not to remove or interfere with the operation of any such smoke alarm except with reasonable excuse, and
34A.3 if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that a new battery is installed in the smoke alarm at the beginning of the term of this agreement and, if the battery needs to be replaced at any time, and if the resident is physically unable to change the battery, to replace the battery with a new battery as soon as reasonably practicable after being notified that the battery needs to be replaced.
34B.1 not to remove or interfere with the operation of any smoke alarm installed on the residential premises except with reasonable excuse, and
34B.2 if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that the battery is replaced whenever necessary or, if the resident is physically unable to change the battery, to notify the park owner as soon as reasonably practicable after becoming aware that the battery needs to be replaced, and
34B.3 to notify the park owner if any smoke alarm installed on the residential premises is not functioning properly.
36.1 do not unreasonably interfere with the privacy, peace and quiet of the other residents of the residential park, or
36.2 do not unreasonably interfere with the proper use and enjoyment of the residential park by the other residents of the residential park.
At the termination of this agreement:
37.1 the resident agrees to return any key or other opening device provided to the resident, and37.2 the park owner agrees to refund to the resident any amount refundable on surrender of the key or device.
The following matter must be on a new page
ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.
(a) both the park owner and the resident agree to the terms, and (b) they do not conflict with the Residential Parks Act 1998or any other Act, and (c) they do not conflict with the standard terms of this agreement.
Park owner’s signature
Resident’s signature
(
In this agreement:
The first step to end a tenancy is, almost always, for the park owner or the resident to give a notice of termination. The tenancy ends when the resident moves out, on or after the day specified in the notice or when the Consumer, Trader and Tenancy Tribunal orders the tenancy to end.
A notice of termination must:
(a) be in writing, and
(b) state the address of the rented premises, and
(c) be signed by the person giving it and be dated, and
(d) allow the required period of time, and
(e) give the date the resident intends to, or is requested to, move out, and
(f) give the reasons for ending the agreement (if any), and
(g) be properly given.
If the notice is given by or on behalf of a park owner, the notice must state that information about the resident’s rights and obligations can be found in the tenancy agreement.
A notice of termination
(a) posted to the resident’s home, or
(b) given to the resident personally, or
(c) given to a person aged over 16 who normally pays the rent, or
(d) given to a person aged over 16 at the premises to pass on to the resident.
A notice of termination
(a) posted to the park owner’s address, or
(b) given to the park owner, or to the park manager, personally, or
(c) posted or faxed to the park owner’s, or park manager’s, place of business, or
(d) given to a person aged over 16 who normally collects the rent.
When and how much notice can be given depends on the type of residential tenancy agreement and the reasons for giving notice.
There are 2 types of agreements—“fixed term agreements” and “continuing agreements”:
(a) a “
fixed term agreement ” is one that is for a specified period of time and ends on a specified date. If the date this agreement is due to end (see Part 1 of this agreement) has not passed this agreement is still a fixed term agreement,(b) a “
continuing agreement ” does not end on a specified date. These agreements usually begin when a fixed term agreement expires and a new one is not entered into, although an agreement can be a continuing one from the beginning.
A fixed term agreement may be ended for the following reasons, provided that at least 14 days’ notice is given:
(a) if the resident breaks one of the agreement’s terms,
(b) if the resident is more than 14 days in arrears of rent,
(c) if the park owner breaks one of the agreement’s terms,
(d) if the park owner or resident want to end the tenancy at the end of a fixed term agreement (in which case, notice can be given until the final day of the fixed term period, otherwise the agreement becomes a continuing agreement).
Unlike fixed term agreements, the amount of notice that a resident or a park owner must give to end a continuing agreement is not always the same.
A continuing agreement may be ended by a park owner in the following ways:
(a) without stating a reason (in which case at least 60 days’ notice must be given),
(b) on exchange of a sale contract that requires vacant possession of the rented premises (in which case at least 30 days’ notice must be given),
(c) if the resident breaks one of the agreement’s terms or is more than 14 days in arrears of rent (in which case at least 14 days’ notice must be given).
A continuing agreement may be ended by a resident:
(a) without reason (in which case at least 21 days’ notice must be given), or
(b) if the park owner breaks one of the agreement’s terms (in which case at least 14 days’ notice must be given).
A notice of termination does not end the tenancy by itself. The resident must return vacant possession of the premises to the park owner, on or after the day specified in the notice, for the tenancy to end. An application may be made to the Consumer, Trader and Tenancy Tribunal if the resident does not vacate when required.
It is an offence for any person to obtain possession of the premises without an order of the Consumer, Trader and Tenancy Tribunal, if the resident does not willingly move out. Fines and compensation can be ordered by a court in relation to such offences.
The park owner cannot increase the rent during the fixed term unless the agreement sets out the amount of the increase or the method of calculating the amount of the rent increase.
The resident must get 60 days’ notice in writing if the park owner wants to increase the rent. This applies even when the agreement provides for, or permits, a rent increase. Where a notice of an increase has been given and the park owner and resident subsequently agree to a lesser increase than in the notice, the park owner does not need to give a further 60 days’ notice.
The resident can apply to the Consumer, Trader and Tenancy Tribunal within 30 days of getting the notice of the rent increase for an order that the rent increase is excessive.
If the park owner has reduced or withdrawn any goods, services or facilities, the resident can at any time apply to the Consumer, Trader and Tenancy Tribunal for an order that the rent is excessive.
in the presence of |
( |
( |
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The resident acknowledges that, at or before the time of signing this residential tenancy agreement, the resident was given a copy of each of the following documents:
Initial each box if you have received the document. | |
A statement of the costs of preparation of this residential tenancy agreement and of any other charges payable by the resident in respect of the agreement. | □ |
The book entitled “Residential Park Living”. | □ |
A list of questions and answers about living in the residential park (which are also attached to this agreement). | □ |
The park rules for the residential park (which are also attached to this agreement). | □ |
in the presence of |
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1. Three copies of this condition report are filled out and signed by the park owner or the park manager.
2. The park owner or the park manager records the condition of the residential premises by indicating whether the particular item is clean, undamaged and working by placing “Y” (YES) or “N” (NO) in the appropriate column (see example). If the residential premises consist only of a site, only that part of the condition report headed SITE needs to be completed in this way.
3. Two copies of the report which have been filled in and signed by the park owner or the park manager are given to the resident at or before the time of entering into the agreement. The landlord keeps the third copy.
4. The resident indicates agreement or disagreement with the condition indicated by the park owner or park manager by placing “Y” (YES) or “N” (NO) in the appropriate columns (see example below).
5. The resident returns one copy of the completed condition report to the park owner or park manager within 7 days and keeps the second copy.
6. At, or as soon as practicable after, the termination of a residential tenancy agreement, both the park owner and resident should complete the copy of the condition report that they retained, indicating the condition of the residential premises at the end of the tenancy. This should be done in the presence of the other party, unless the other party has been given a reasonable opportunity to be present and has not attended the inspection.
1. This condition report is an important record of the condition of the premises when the tenancy begins.
2. At the end of the tenancy the premises will be inspected and the condition of the premises at that time will be compared to that stated in the original condition report.
3. It is important to complete the condition report accurately. It may be vital if there is a dispute, particularly about the return of the rental bond money and any damage to the premises.
4. If the resident disagrees with the park owner’s condition report this must be confirmed in writing, preferably on the condition report, by placing “N” (NO) in the appropriate column and by making an appropriate comment alongside that column.
5. The Consumer, Trader and Tenancy Tribunal has the power to hear disputes about the validity of a condition report.
Condition of premises at start of tenancy | |||||
Clean | Undamaged | Working | Tenant agrees | Comments | |
LOUNGE/ DINING | |||||
walls/ ceiling | Y | Y | Y | Y | |
doors/ windows/ screens | Y | Y | Y | Y | |
blinds/ curtains | Y | Y | Y | Y | no curtains |
lights/ power points | Y | Y | Y | N | light shade cracked |
floor/ coverings | N | Y | Y | ||
other |
Condition of premises at start | Condition of premises at end | ||||||||
Clean | Undamaged | Working | Tenant Agrees | Comments | Clean | Undamaged | Working | Tenant Agrees | Comments |
LOUNGE/ DINING walls/ ceiling | |||||||||
doors/ windows/ screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
other | |||||||||
KITCHEN walls/ ceiling | |||||||||
doors/ windows/ screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
cupboards/ drawers | |||||||||
bench tops/ tiling | |||||||||
sink/ disposal unit | |||||||||
taps | |||||||||
stove top | |||||||||
griller | |||||||||
oven | |||||||||
refrigerator | |||||||||
exhaust fan | |||||||||
other | |||||||||
BEDROOM 1 walls/ ceiling | |||||||||
doors/ windows/ screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
other | |||||||||
BEDROOM 2 walls/ ceiling | |||||||||
doors/ windows screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
other | |||||||||
BEDROOM 3 walls/ ceiling | |||||||||
doors/ windows/ screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
other | |||||||||
BATHROOM walls/ ceiling | |||||||||
doors/ windows screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
bath | |||||||||
shower | |||||||||
shower screen | |||||||||
wash basin | |||||||||
tiling | |||||||||
mirror/ cabinet | |||||||||
towel rails | |||||||||
toilet/ w.c. | |||||||||
other | |||||||||
LAUNDRY walls/ ceiling | |||||||||
doors/ windows/ screens | |||||||||
blinds/ curtains | |||||||||
lights/ power points | |||||||||
floor/ coverings | |||||||||
wash tubs | |||||||||
hot water service | |||||||||
other | |||||||||
GENERAL concrete paving | |||||||||
annexe/ verandah | |||||||||
carport/ space | |||||||||
smoke alarms | |||||||||
other | |||||||||
SITE exclusive facilities (specify) | |||||||||
landscaping | |||||||||
driveway | |||||||||
storeroom/ shed | |||||||||
site slab (concrete) | |||||||||
services/ facilities (specify) | |||||||||
general appearance | |||||||||
utility services: eg water electricity gas TV aerial connection | |||||||||
Quantity of gas in portable cylinder(s) at start (if cylinder provided by park owner) | |||||||||
Capacity of electricity supply to site (in amperes) |
Park owner’s/park manager’s signature
Resident’s signature
Date
FURNITURE (See attached list)
PARK OWNER’S PROMISE TO UNDERTAKE WORK (
The park owner agrees to undertake the following cleaning, repairs, additions or work during the tenancy
The park owner agrees to complete that work by
Park owner’s/park manager’s signature
Resident’s signature
Date
Further items and comments may be added on a separate sheet signed by the park owner/park manager and the resident and attached to this report.
(Clause 24)
I/we,
I/we have obtained the consent of
Signed by me:
Dated:
I/we,
I/we have obtained the consent of
Signed by me:
Dated:
(Clause 25)
To all sheriff’s officers:
On the Consumer, Trader and Tenancy Tribunal sitting at made the following orders:
(a) an order terminating the residential tenancy agreement between and ,
(b) an order for possession of the residential premises at in New South Wales,
(c) an order that the operation of the order for possession be suspended for a period of days from the date of the order
[Delete if not applicable] ,(d) an order that the operation of the order for possession be terminated 14 days after the date of issue of this warrant
[Delete if not applicable] .
An application was made by the person in whose favour the order was made for the enforcement of the order for possession of the premises.
I am satisfied that the order has not been complied with, or that a condition of suspension of the order has not been complied with.
This warrant authorises any sheriff’s officer to enter the residential premises and take all steps that are reasonably necessary to give possession to the park owner.
A sheriff’s officer may request that any member of the police force assist the sheriff’s officer to enforce the order for possession.
The sheriff’s officer or member of the police force enforcing the order for possession is authorised to use such force as is reasonably necessary to enforce the order for possession.
The sheriff’s officer or member of the police force enforcing the order for possession must produce this warrant if asked.
Date of issue of warrant:
This warrant must be executed within 14 days of its issue.
Signed by me:
Chairperson/Deputy Chairperson/Member/Registrar/Deputy Registrar (
(
(
Consumer, Trader and Tenancy Tribunal Registry
Phone No:
Name and address of park owner/park manager:
Park owner’s/park manager’s phone No:
Resident’s phone No and file No:
(Clause 18 (5) (a))
The goods consist of:
(if the goods are or include a moveable dwelling, insert a description of the dwelling, such as make, registration or serial number, size, colour or other identifying details)
These goods were placed in storage on
You can collect the goods from
If the goods are not collected on or before
If the moveable dwelling is not collected on or before
You are entitled to the proceeds of any sale of the goods less any amount retained by the park owner to cover any reasonable costs incurred by the park owner for removal, storage, notice of storage, application to the Tribunal (if any) and sale of the goods, including the cost of advertising the sale.
You are not required to pay any costs incurred by the park owner in relation to the goods if you claim some but not all of the goods, and the remaining goods are worth enough to cover any reasonable costs incurred by the park owner for removal, storage, notice of storage and advertising of any sale of the goods.
(Clause 18 (5) (b))
The goods consist of:
These goods were placed in storage on
You can collect the goods from
If the goods are not collected on or before
If the moveable dwelling is not collected on or before
(Clause 25A)
Column 1 Provision of the Act | Column 2 Short description | Column 3 IPB Code | Column 4 Penalty |
Section 12 (2) | fail to give written statement of costs of agreement | 5588 | $110 |
Section 17 (3) | fail to give pre-execution copy/executed copy of agreement | 5589 | $220 |
Section 33 (1) | fail to give written details of park owner/park manager/other person | 5590 | $110 |
Section 33 (2) | fail to give written details of new park owner/park manager | 5591 | $110 |
Section 33 (4) | fail to give written notice of new details of park owner | 5592 | $110 |
Section 49 (1) | fail to keep rent record | 5593 | $220 |
Section 63 (3) | fail to give copy of park rules | 5594 | $110 |
Section 73 (3) | fail to give information document | 5595 | $220 |
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