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Part 3 – Residential Park Agreements s. 22
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(i) in the resident’s use of the rented
property; or
(ii) with the reasonable use or
enjoyment by the resident of
common areas of the residential
park.
22. Access to residential park
(1) It is a term of a residential park agreement that
the park owner must provide the following
access for the resident –
(a) 24 hours access to the rented property
including, but not limited to, vehicular
access; and
(b) 24 hours access to the residential park
and any common area bathroom and
toilet facilities of the park; and
(c) access during all reasonable hours for the
resident to any other common areas of
the park.
(2) It is a term of a residential park agreement that,
if the park owner has installed a lock or device to
restrict entry to the residential park, or some part
of the residential park to which it is agreed that
the resident may have access, the park owner
must –
(a) give the resident a means of operating the
lock or device to enable the resident to
freely enter and exit the residential park –
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(i) in the case of a lock or device in
place at the commencement of
the agreement – at or before the
commencement of the agreement;
and
(ii) in the case of a lock or device
installed or changed during the
term of the agreement – before
the lock or device is in operation;
and
(b) maintain the lock or device in working
order.
(3) It is a term of a residential park agreement that
the park owner must not refuse access to a site
for guests, and other people, visiting the resident
at any reasonable hour of the day.
(4) For the avoidance of doubt, nothing in
subsection (3) prevents a park owner from taking
reasonable actions in relation to security and
safety when permitting persons onto the site
including, but not limited to –
(a) requiring persons to sign into and out of
the residential park when visiting a
resident; and
(b) requiring persons to comply with park
rules and regulations while visiting a
resident.
(5) A park owner must not, without lawful excuse,
refuse access to the residential park or a site of
the residential park.
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Act No. of 2026
Part 3 – Residential Park Agreements s. 23
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Penalty: Fine not exceeding 100 penalty units.
23. Owner to keep residential park clean and
maintained
(1) It is a term of a residential park agreement that
the park owner must –
(a) ensure that the rented property is in a
reasonable state of cleanliness when the
resident enters into occupation of the
rented property; and
(b) keep the common areas of the residential
park and any garden or other areas in the
park in a reasonable state of cleanliness;
and
(c) arrange for the regular collection of the
garbage of residents and any other
garbage in the residential park.
(2) It is a term of a residential park agreement that
the park owner must –
(a) ensure that the rented property and the
common areas of the residential park are
in a reasonable state of repair when the
resident enters into occupation of the
rented property; and
(b) keep the rented property and the common
areas of the residential park in a
reasonable state of repair having regard
to their age, character and prospective
life; and
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(c) comply with statutory requirements
affecting the rented property and the
common areas of the residential park;
and
(d) if required to carry out repairs to
common area bathroom, toilet or laundry
facilities, minimise inconvenience or
disruption to the resident and, if
necessary, provide temporary substitute
facilities.
(3) The obligation to repair under subsection (2) –
(a) applies even though the resident had
notice of the state of disrepair before
entering into occupation of the rented
property; and
(b) does not apply in respect of a defect
unless the park owner –
(i) has been informed of the defect
requiring repair; and
(ii) fails to act with reasonable
diligence to have the defect
repaired.
24. Maintenance of certain services
(1) In this section –
relevant services, in relation to a site,
includes –
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Act No. of 2026
Part 3 – Residential Park Agreements s. 25
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(a) the supply of water, electricity or
heating services to the site; and
(b) the removal of grey water from
the site; and
(c) such other services as are
prescribed for the purposes of this
definition.
(2) If relevant services are provided as part of the
terms of a residential park agreement, it is a term
of the residential park agreement that –
(a) the park owner must take all reasonable
steps to maintain the relevant services
while the agreement is in force; and
(b) if the relevant services are disconnected
at any time while the agreement is in
force, the park owner must take all
reasonable steps to re-establish the
connection to the relevant services.
25. Resident to keep residential park clean and
maintained
(1) It is a term of a residential park agreement that
the resident –
(a) must keep the rented property in a
reasonable state of cleanliness; and
(b) must notify the park owner of damage
to –
(i) the rented property; or
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(ii) any common areas of the
residential park caused by the
resident or a person permitted on
the rented property or the park by
the resident; and
(c) must not intentionally or negligently
cause or permit damage to the rented
property or any common areas of the
residential park.
(2) It is a term of a residential park agreement that,
at the end of the agreement, the resident must
give the rented property back to the park owner
in reasonable condition and in a reasonable state
of cleanliness.
(3) In deciding under subsection (2) whether
property is in reasonable condition, its condition
when the resident entered into occupation of it,
and the probable effect of reasonable wear and
tear since that time, must be taken into account.
26. Charges in respect of rented property
(1) Without limiting the effect of section 42, it is a
term of a residential park agreement that the park
owner must bear all statutory charges imposed in
respect of the rented property.
(2) Despite subsection (1), a term of the residential
park agreement may require a resident to pay –
(a) charges levied by a regulated entity,
within the meaning of the Water and
Sewerage Industry Act 2008, for water
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consumed at the rented property, if water
consumption at the rented property is
separately metered; and
(b) charges based on the level of the gas
consumption at the rented property if gas
consumption at the rented property is
separately metered; and
(c) charges based on the level of the bottled
gas consumption at the rented property,
if bottled gas is supplied at the rented
property; and
(d) any other prescribed payments.
(3) The regulations may provide that a resident need
not make a payment of a kind referred to in
subsection (2) unless the park owner provides to
the resident, at the request of the resident,
specified information (which may include
accounts and receipts, or copies of accounts and
receipts) relevant to the payment or the goods or
services in respect of which the payment is
sought.
(4) It is a term of a residential park agreement that a
resident is not required to pay the park owner
any amount for, or in relation to, the supply of
electricity to the rented property unless –
(a) the park owner provides the resident, at
no cost to the resident, with an account
specifying how much the resident is
being charged for the supply of
electricity and how that amount was
calculated; and
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(b) if the resident is being charged for any
other related matters, the park owner
itemises those matters and specifies the
amount of the charge in relation to each
item.
27. Alterations to site by resident
(1) It is a term of a residential park agreement that –
(a) a resident must not, without the written
consent of the park owner –
(i) make an alteration or addition to
the exterior of the dwelling
installed or located on the site; or
(ii) add any structure to the site; and
(b) the park owner must not –
(i) unreasonably withhold consent to
such an alteration or addition; or
(ii) fail to respond to a request for
consent within 14 days after the
resident has made the request; or
(iii) charge an amount for giving
consent, or considering an
application for consent, that
exceeds the park owner’s
reasonable expenses; and
(c) if the park owner refuses to give consent
to an alteration or addition, the park
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Part 3 – Residential Park Agreements s. 28
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owner must give written notice of that
refusal and the grounds for the refusal.
(2) For the avoidance of doubt, it is reasonable
grounds for the park owner to withhold consent
to an alteration or addition if the park owner
believes, on reasonable grounds, that –
(a) the alteration or addition does not
comply with relevant legal requirements
for such alterations or additions; or
(b) the alteration or addition may
unreasonably impact on the rights of
other residents of the residential park.
28. Vacant possession does not apply in certain
circumstances
It is a term of a residential park agreement that a
resident is not liable for any breach of the
agreement, or other legal sanction, in respect of
vacant possession of the site to which the
agreement relates if –
(a) the agreement ends, or is terminated,
under this Act; and
(b) the park owner prevents the resident
from entering the residential park or site;
and
(c) as a result of the actions of the park
owner, the resident is unable to remove a
dwelling owned by the resident that is
located on the site.
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29. Resident to comply with standard of conduct when
within the residential park
It is a term of a residential park agreement that
the resident must not –
(a) use the rented property or common areas
of the residential park, or cause or permit
the rented property or common areas of
the residential park to be used, for an
illegal purpose; or
(b) cause or permit a nuisance; or
(c) cause or permit an interference –
(i) with the reasonable peace,
comfort or privacy of another
resident in the other resident’s
use of rented property or with the
reasonable use or enjoyment by
another resident of common areas
of the residential park; or
(ii) with the reasonable peace,
comfort or privacy of a person
residing in the immediate vicinity
of the residential park.
30. Owner has right of entry in certain circumstances
(1) It is a term of a residential park agreement that
the park owner may enter a dwelling on the site
that is the subject of the agreement if the entry –
(a) is made in an emergency including, but
not limited to –
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Part 3 – Residential Park Agreements s. 30
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(i) the carrying out of urgent repairs;
or
(ii) averting a serious risk to life or
property; or
(b) is made at a time previously arranged
with the resident; or
(c) is made, at a reasonable time –
(i) for the purpose of reading a
meter, if the resident is required
under section 26 to pay charges
based on the level of the water,
electricity or gas consumption
under the agreement; or
(ii) if the park owner has reasonable
grounds to believe that the
dwelling, or an item installed in
the dwelling, does not comply
with a statutory requirement; or
(iii) if an inspection of the dwelling,
or an item installed in the
dwelling, is required to ensure
statutory compliance; or
(d) is authorised under another Act.
(2) It is a term of a residential park agreement that
the park owner may enter a dwelling on the site
that is the subject of the agreement if the park
owner believes, on reasonable grounds, that the
dwelling has been abandoned.
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(3) If a park owner enters a dwelling on a site under
this Act, the park owner must not –
(a) act in a manner that is unreasonably
intrusive when entering the dwelling; or
(b) without the consent of the resident –
(i) enter a part of the dwelling to
which entry is not reasonably
required for the purpose for
which the owner entered the
dwelling; or
(ii) remain in the dwelling longer
than is reasonably necessary for
the purpose for which the owner
entered the dwelling.
Penalty: Fine not exceeding 100 penalty units.
31. Vicarious liability of resident for guests
It is a term of a residential park agreement that,
if a person other than the park owner is on the
residential park at the invitation or with the
consent of the resident, the resident is
vicariously responsible for an act or omission by
the person that would, if it had been an act or
omission of the resident, have constituted a
breach of the agreement.
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Act No. of 2026
Part 3 – Residential Park Agreements s. 32
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32. Rights of access on death of resident
It is a term of a residential park agreement that,
if the resident dies while the agreement is in
force –
(a) the tenancy does not vest in beneficiaries
of the resident’s estate solely on the basis
of the death of the resident; and
(b) if the deceased resident was the sole
resident under the terms of the residential
park agreement, the agreement continues
until whichever of the following first
occurs:
(i) any dwelling on the relevant site
is sold in accordance with this
Act;
(ii) the residential park agreement is
transferred in accordance with
this Act;
(iii) the rented property is held to be
abandoned under this Act;
(iv) the rented property is vacated and
returned to the park owner under
this Act.
Division 4 – Continuation or reissue of certain agreements
33. Interpretation of Division
In this Division –
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long-term fixed agreement means a
residential park agreement for a fixed
term –
(a) of 5 years or more; or
(b) of less than 5 years if the resident
has held a right of occupancy
within the residential park for a
period of 5 years or more.
34. Certain agreements continue as periodic tenancy
agreements
(1) This section applies to a residential park
agreement if –
(a) the agreement has not terminated at or
before the end of the fixed term; and
(b) is not reissued in accordance with
section 35.
(2) A residential park agreement to which this
section applies continues –
(a) as a periodic tenancy agreement; and
(b) with a tenancy period equivalent to the
interval between rental payment times
under the agreement; and
(c) with the agreement having terms and
conditions that, in all other respects, are
the same as the terms and conditions that
applied under the agreement immediately
before the end of the fixed term.
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Act No. of 2026
Part 3 – Residential Park Agreements s. 35
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35. Certain fixed agreements to be reissued
(1) If a long-term fixed agreement has not
terminated at or before the end of the fixed term
and no notice has been given by either party to
the agreement in accordance with
subsection (2) –
(a) at the end of that fixed term, the
agreement is taken to have been reissued
as a residential park agreement –
(i) for the same fixed term; and
(ii) on the same terms and conditions
as those applying under the
agreement immediately before
the end of the fixed term; and
(b) within 28 days after the end of that fixed
term, the park owner must give the
resident a copy of the reissued agreement
in writing in accordance with Division 1.
(2) If a long-term fixed agreement has not
terminated at or before the end of the fixed term
and a party to the agreement does not want the
agreement to be reissued, on the same terms,
under subsection (1) –
(a) at least 90 days before the end of the
term of the agreement, that party may
give written notice to the other party to
the agreement that a variation of terms is
sought; and
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(b) the agreement must be reviewed in the
prescribed manner; and
(c) following that review, the park owner
must reissue the agreement –
(i) as a residential park agreement
that complies with the
requirements of this Act; and
(ii) for such a term and on such other
terms of agreement as may be
agreed with the resident.
(3) A party to an agreement that is the subject of a
review under subsection (2) may apply to the
Tribunal for an order or orders if the parties are
unable to agree to the variation that is the subject
of the review.
(4) If a review of a residential park agreement
required under subsection (2) is not undertaken
or is not completed before the end of the fixed
term of that agreement, the fixed term is taken to
be extended until the review is completed and
the agreement is reissued.
36. Certain agreements must be reviewed before being
reissued
(1) If a resident has held a right of occupancy, under
a periodic tenancy agreement, within a
residential park for a period of 5 years or more –
(a) the park owner of the park must, in
consultation with the resident, undertake
Section retrieval-0003 - Residential Parks Bill 2026 - Document excerpt 3 | Zoe