Operators will have to provide disclosure material at least five days before a contract is signed so tenants can make an informed decision. Park operators will be required to provide additional information in relation to matters such as exit fees.  A continuing disclosure requirement will also be introduced, so that park operators will have to tell tenants about anything that might affect their tenancy, such as an agreement to sell the park.

Standard terms are to apply to all agreements, including clear requirements for operators in relation to maintenance. Contracting out of standard terms (replacing terms required by law or asking a consumer to agree to a term that waives their rights) will not be permitted. Standard form agreements will also be introduced and will need to be used for new agreements. Both operator and tenant will be able to add additional terms to the agreement as long as these terms don’t conflict with residential parks law. 

Park operators will no longer be allowed to terminate site-only agreements without grounds. Instead a list of specific grounds for termination will apply, such as on the sale or redevelopment of a park; or where a tenant repeatedly interferes with the quiet enjoyment of the park by other tenants. A fixed term agreement entered into after the changes commence will not be able to be terminated on the grounds that the park is to be sold with vacant possession. Agreements will no longer end automatically if a mortgagee takes possession of the park (for mortgages entered into after the changes commence).

Greater clarity will be required in relation to fees and charges payable under long-stay agreements. Operators will only be allowed to charge actual costs when providing facilities or services. For new agreements, market review of rent will no longer be permitted and any increase in rent must be objectively measurable. 

New provisions will be introduced in relation to the sale of a home on-site and the obligations of the home owner and park operator during the sales process. When the home is sold, the tenant will have to give the buyer a purchase disclosure notice and the sale will be conditional on the buyer entering into a long-stay agreement with the park operator. Park operators will not be able to interfere with the sale of a home or require the tenant to appoint a particular person as selling agent.

The changes will clarify the types of rules that may be made by a park operator, including rules for the use, enjoyment, control and management of the park. Both tenants and operators will need to comply with park rules. There will be an obligation on park operators to take reasonable steps to ensure rules are complied with by all tenants. Rules must be applied reasonably, fairly and equitably and clear processes will be introduced in relation to amendment of park rules.

Clearer requirements will be included about the creation and running of park liaison committees.

The changes will provide the SAT with appropriate powers to deal with all issues arising under long-stay agreements and the new requirements introduced by the amendments. New powers will be included for the SAT in relation to harsh and unreasonable terms in agreements, pre-contractual promises and maintenance and repair obligations.

There will be a requirement for bonds to be held by the Bond Administrator (the Director General at the Department of Mines, Industry Regulation and Safety).