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There are a number of circumstances where either the park operator or the tenant will want to end a long-stay agreement. Different rules apply depending on who is ending the agreement, their reason and the type of long-stay agreement involved.
The circumstances may include:
When the tenancy ends, certain legal requirements need to be met such as providing a written, signed and dated notice that clearly identifies not only the premises, but all the parties involved. Our default and termination notices contain all the standard information a park operator needs to supply to the tenant.
If a tenant falls behind in their rent it can addressed in two ways:
Park operators can issue a default notice if a tenant breaches their tenancy agreement. The default notice must include:
If the breach isn’t resolved, a park operator can then issue a notice of termination, stating the grounds for the termination and indicating when they expect the tenant to leave the park (this must be at least seven days after they receive the park operator’s notice). If the tenant remains in the park after this date the park operator can apply to the SAT for an order terminating their tenancy.
If the park operator wants to terminate the long-stay agreement without giving a reason, this is known as “termination without grounds”. A park operator can only terminate an on-site home agreement without grounds.
If the tenant has a periodic on-site home agreement, the park operator can terminate the agreement without grounds by giving the tenant at least 60 days' notice. If it is a fixed-term on-site home agreement, the tenancy cannot be terminated before the end of the term without the tenant’s written consent.
If a residential park is sold with 'vacant possession', the following notice periods apply:
A periodic agreement may be terminated at any time, as long as the park operator complies with the notice requirements.
A fixed-term agreement entered into before 31 January 2022 may be terminated before the end of the fixed term and the tenant is entitled to compensation for the early termination.
A fixed-term agreement entered into on or after 31 January 2022 cannot be terminated before the end of the fixed term unless the tenant agrees in writing.
The park operator may wish to terminate a long-stay agreement so they can:
The following notice periods apply:
In this situation, a fixed-term agreement cannot be terminated before the end of the fixed term.
If the park is compulsorily acquired, or for some other reason it can’t legally be inhabited, this is called ‘frustration’ of the agreement. When the park operator provides the notice, they must give the tenants at least seven days’ notice to vacate the premises. If the tenant provides the notice, they must give the park operator at least two days' notice.
If a park operator suspects on reasonable grounds that a long‑stay tenant has abandoned the premises, a new process under section 44B of the Parks Act entitles the park operator to issue of notice of abandonment to the tenant terminating the agreement. The notice gives the tenant seven days to take action, or the tenant will be seen to have abandoned the premises.
Park operators may find a long-stay tenant has left some of their possessions behind after a tenancy agreement has ended and may not be sure what to do with them. Information about how to handle any belongings left behind is available on our Abandoned goods at a rental property page
Park operators or tenants may apply to the SAT for an order terminating the long-stay agreement on the gounds of hardship. The SAT must be satisfied the park operator or tenant would in the circumstances suffer undue hardship if they were required to terminate the agreement under any other provision of the Parks Act. The SAT may also order the payment of compensation to the park operator or tenant for any loss caused to either of them.
Tenants on a fixed term agreement can seek compensation from the park operator if the agreement has been terminated before the end of the fixed term due to:
The park operator and tenant should negotiate the compensation. If they cannot reach an agreement, either the park operator or tenant can apply to the SAT for a decision on what compensation is reasonable in the circumstances.
Notices of termination, default notices and other forms can be found on the Residential Parks Publications webpage.
If you are serving a notice, you will find certain periods of notice are required for certain actions. It is important you allow the correct number of days for the delivery of a notice because a court may determine the notice is ineffective as it was not served correctly, see our page on counting days for more information.
The following flowcharts have been developed to assist with termination of agreements in the grounds of family and domestic violence:
On-site home tenants:
Find out more on how to deal with a previous tenant's goods/belongings or abandoned park home.
The residential parks publications page has all the forms and notices you will need to manage your park home tenancy.