Issuing forms and notices in a residential park
You must follow proper procedures and timeframes when issuing a form or notice in a residential park.
If the matter ends up before the SAT the person who prepared the notice or form may have to prove it was correctly completed and served (given to the other person).
Need a form or notice?
Copies of forms, notices and publications are available from Residential Parks publications page.
How to serve a notice
You generally can serve a notice by handing it to the intended person or mailing it by ordinary post.
Serving notices electronically
Notices may be served by email as long as the notice does not require a witness signature, both parties have previously agreed they will correspond electronically, and it is reasonable to expect the information will be accessible and available at a later date. If you have agreed to serve or receive notices electronically, you should keep a copy of that agreement in writing. However, to ensure a notice is being received by the intended recipient and to avoid any dispute about whether it is received, you are advised to serve the notice personally or by mail.
If you are serving a notice, you will find that certain periods of notice are required for certain actions. When you count the days for the notice period, you must exclude the day on which the notice is served, as well as the last day of the notice period. If you mail a notice, allow adequate time for the letter to reach the recipient by regular post. Allow two to three business days for delivery within the same city or town and more than that (up to six business days) between regions. Australia Post now offers a priority option which costs more but delivers mail one or two business days faster than regular post. Weekends and public holidays need to be taken into account and should be excluded if the last day for the notice falls on a weekend or public holiday. This means, the person receiving the notice can choose for service to be effected on the next working day after the weekend or public holiday. If a tenancy issue goes to the SAT, you may require proof that the notice was served correctly. Therefore, it is important to keep copies of each notice including a written record of the method you used to serve it and the date it was sent or handed to the person.
Which form to use
The following forms and notices should be used by a tenant:
Notice for breach of long-stay agreement by park operator
You must provide the park operator with written notice if you believe they have breached a term or obligation under your agreement. For example, if they have not maintained the shared premises in a reasonable state of cleanliness and repair. You can simply write to them stating the problem and ask them to fix the breach as soon as possible. Keep a copy of your request for your records. If the park operator does not fix the breach you can apply to SAT for an order ending the agreement.
Notice for termination without grounds
If you want to end your agreement and do not have or do not want to give any reason for doing so, you must provide a park operator with a written notice stating the day you intend to vacate the premises. If you have a fixed-term agreement you cannot end the agreement before the end date for agreement. If you have a periodic agreement you must give at least 21 days’ notice of termination without grounds. You should use form RP1I to give notice.
Notice for termination because agreement frustrated
If your premises become uninhabitable or unusable you must provide a park operator with written notice indicating the day on which you intend to vacate the premises. You must give at least 2 days’ notice before you vacate the premises. You should use form RP1K to give notice.
Notice of termination of tenant’s interest on grounds of family violence
If you or your dependant have been affected by family violence during the tenancy you can give the park operator at least 7 days’ notice that you want or need to break your interest in an on-site agreement and vacate with immediate effect. At the same time, you must present a document meeting specific evidence requirements (see ‘Tenants affected by family and domestic violence’). You should use the form in Schedule 10 in the Regulations to give notice.
Notice to prospective purchaser
If you are selling your park home to a prospective tenant, you must provide them with the with the Form RP2C Buyer Disclosure Notice. This form indicates to the buyer that they must enter into a tenancy agreement with the park operator before they agree to purchase your home. The form also provides the buyer with general information about the home (e.g. date of manufacture) and your long-stay agreement (e.g. rent paid etc).
Park operator forms
There are also a number of notices and forms that the park operator can use to terminate the agreement or deal with other issues. These include the following notices or forms:
- Termination for:
- Form RP1K - agreement frustrated
- Form RP1A - non-payment of rent (default notice issued
- Form RP1B - non-payment of rent (no default notice issued)
- Form RP1C - other breaches
- Form RP1D - vacant possession on sale of park
- Form RP1H - without grounds for on-site agreement
- Form CP19A - Notice of entry (by park operator)
- Form RP4 - Notice by park operator to former tenant of storage of abandoned goods
- Form CP19B - Notice of entry (by park operator in relation to abandonment)
- Form RP3 - Notice to tenant to stop engaging in serious misconduct
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