Residential Parks Act 2026
Act No. of 2026
s. 50 Part 4 – Rights and Obligations of Park Owners and Residents
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(b) the date from which the increase takes
effect.
(3) Despite subsection (1) –
(a) the right to increase the rent may be
excluded, or limited, by the terms of the
residential park agreement; and
(b) if the residential park agreement is for a
fixed term, the agreement is taken to
exclude an increase in rent during the
term unless the agreement specifically
allows for an increase in rent.
(4) The rent payable under a residential park
agreement may be reduced permanently by
mutual agreement between the park owner and
the resident.
(5) For the avoidance of doubt, if the rent payable
under a residential park agreement is increased
or reduced under this section, the terms of the
agreement are varied accordingly.
(6) For the purposes of this section, a series of
residential park agreements between the same
parties and relating to the same site is to be
treated as a single residential park agreement
unless at least 12 months have elapsed since rent
for the rented property was fixed or last
increased.
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Act No. of 2026
Part 4 – Rights and Obligations of Park Owners and Residents s. 51
69
51. Temporary reductions of rent
(1) The rent payable under a residential park
agreement may be reduced, on a temporary
basis, by mutual agreement between the park
owner and the resident.
(2) If a reduction of rent is made on a temporary
basis, the rent is to revert back to the level that
would have been otherwise applicable, under the
relevant residential park agreement, at the end of
the period agreed for the reduction of rent.
(3) For the avoidance of doubt, if the rent payable
under a residential park agreement is temporarily
reduced under this section, the terms of the
agreement are varied accordingly for the period
agreed between the park owner and the resident.
52. Tribunal may declare increase in rent excessive
(1) In this section –
rent includes a payment that the resident is
required by the park owner to make
under section 26.
(2) A resident may apply to the Tribunal, within 60
days after receiving a notice of an increase in
rent, for the proposed increase to be declared
excessive, if –
(a) the resident has received a notice of a
rent increase under section 50; or
(b) the resident has been notified that a
payment that the resident is required by
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Act No. of 2026
s. 52 Part 4 – Rights and Obligations of Park Owners and Residents
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the park owner to make, under
section 26, is to increase.
(3) In deciding whether to declare an increase in rent
as excessive, the Tribunal must have regard to –
(a) the general level of rents for comparable
rented properties in the same or similar
localities; and
(b) the percentage increase in rent charged,
to the resident, in respect of the rented
property since the resident became a
resident; and
(c) whether the increase is consistent with
other rates and charges payable in respect
of the residential park; and
(d) what impact the increase may have on
the resident; and
(e) the estimated capital value of the rented
property at the date of the application;
and
(f) the outgoings for which the park owner
is liable under the agreement; and
(g) the estimated cost of services provided
by the park owner and the resident under
the agreement; and
(h) the amenity, standard and value of
furniture, equipment, common areas and
other personal property provided by the
park owner for the resident’s use; and
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Act No. of 2026
Part 4 – Rights and Obligations of Park Owners and Residents s. 53
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(i) the state of repair and general condition
of the rented property; and
(j) other relevant matters.
(4) If the Tribunal finds that the increased rent is
excessive, the Tribunal may, by order –
(a) declare the increase in rent excessive;
and
(b) fix the rent payable for the rented
property for a period not exceeding one
year.
(5) The Tribunal may, on application by the park
owner, vary or revoke an order under this section
if satisfied that it is appropriate in the
circumstances to do so.
(6) A park owner to which an order under this
section applies must not ask for, or receive, rent
for the rented property exceeding the amount
fixed by the order.
Penalty: Fine not exceeding 100 penalty units.
53. Park owner’s duty to keep proper records of rent
(1) A park owner of a residential park must ensure
that a proper record is kept of all rent received
by the owner under a residential park agreement
in respect of the residential park.
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not –
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Act No. of 2026
s. 54 Part 4 – Rights and Obligations of Park Owners and Residents
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(a) make a false entry in a record of the rent
received under a residential park
agreement; or
(b) falsify the record in any other way.
Penalty: Fine not exceeding 100 penalty units.
54. Duty to give receipt for rent
(1) A person who receives rent under a residential
park agreement must, within 48 hours after
receiving the rent, give the person who paid the
rent a receipt stating –
(a) the date on which the rent was received;
and
(b) the name of the person paying the rent;
and
(c) the amount paid; and
(d) the period of occupancy to which the
payment relates; and
(e) the address of the rented property to
which the payment relates.
Penalty: Fine not exceeding 100 penalty units.
(2) However, subsection (1) does not apply in
respect of a payment of rent if –
(a) the resident pays the rent into an account
kept by the park owner at an authorised
deposit-taking institution; and
Residential Parks Act 2026
Act No. of 2026
Part 4 – Rights and Obligations of Park Owners and Residents s. 55
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(b) the park owner keeps a written record,
containing the information required by
subsection (1), in respect of the payment
of rent.
55. Property may not be taken for non-payment of rent
Except as ordered by the Tribunal, a park owner
is not entitled to seize, or retain, property of a
resident for non-payment of the rent payable
under a residential park agreement.
Division 2 – Obligations in relation to condition of
residential parks
56. Resident not to cause damage to residential park
intentionally
A resident must not intentionally cause serious
damage to rented property or a common area of
a residential park.
Penalty: Fine not exceeding 100 penalty units.
57. Restriction of access to rented property
A park owner of a residential park must not,
without reasonable excuse, exclude or restrict, or
attempt to exclude or restrict, access by a
resident to the park, or a part of the park, in
contravention of a term of a residential park
agreement that applies to the resident.
Penalty: Fine not exceeding 100 penalty units.
Residential Parks Act 2026
Act No. of 2026
s. 58 Part 4 – Rights and Obligations of Park Owners and Residents
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58. Right to recover costs of repairs
(1) A resident is entitled to recover, from the park
owner, the reasonable costs of repairs carried out
on rented property or a common area if –
(a) the rented property, or the common area,
is in a state of disrepair that does not
arise from a contravention of the
residential park agreement by the
resident; and
(b) unless repaired, the state of disrepair is
likely to result in –
(i) personal injury or damage to
property, including the loss of
property; or
(ii) undue inconvenience to the
resident; and
(c) the resident –
(i) notifies the park owner of the
state of disrepair or makes a
reasonable attempt to do so; and
(ii) has incurred costs in having the
state of disrepair remedied; and
(d) the repairs are carried out by a person
who is licensed to carry out the necessary
work and that person provides the park
owner with a report on the work carried
out and the apparent cause of the state of
disrepair.
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Act No. of 2026
Part 4 – Rights and Obligations of Park Owners and Residents s. 59
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(2) The obligation to repair includes an obligation to
maintain all trees, and landscaping, in the
residential park in a condition that does not
create any unreasonable risk to the safety of
residents or their property.
Division 3 – Notices to leave residential park
59. Park owner may give person notice to leave for
serious act of violence
(1) A park owner may give any person in the
residential park a notice to leave the residential
park immediately if the park owner has
reasonable grounds to believe that –
(a) a serious act of violence by the person
has occurred in the park; or
(b) the safety of any person in the park is in
danger from the person.
(2) A notice to leave given to a person under this
section must –
(a) be in the approved form; and
(b) be given to the person as soon as it is
possible for the park owner to do so
safely after the serious act of violence
has occurred, or the safety of a person in
the park has been endangered, to which
the notice relates.
(3) A park owner must not give a notice under this
section, or a document that purports to be a
notice to leave under this section, to a person
Residential Parks Act 2026
Act No. of 2026
s. 60 Part 4 – Rights and Obligations of Park Owners and Residents
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unless the park owner has reasonable grounds to
believe that –
(a) a serious act of violence by the person
has occurred in the residential park; or
(b) the safety of any other person in the
residential park is in danger from the
person to whom the notice is given.
Penalty: Fine not exceeding 100 penalty units.
60. Effect of notice to leave
(1) A person who has been given a notice to leave a
residential park under this Division must not
remain in the park after receiving the notice.
Penalty: Fine not exceeding 100 penalty units.
(2) A resident who is given a notice to leave under
this Division must not enter or remain in the
residential park –
(a) until the end of 2 working days after the
notice is given; or
(b) if an application is made under
section 101 in respect of the residential
park agreement of the resident –
(i) until the end of 4 working days
after the notice is given; or
(ii) if within that period the Tribunal
on the application of the park
owner so orders, until the
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Act No. of 2026
Part 4 – Rights and Obligations of Park Owners and Residents s. 61
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Tribunal has heard and
determined the application.
Penalty: Fine not exceeding 100 penalty units.
(3) If a person is given a notice to leave a residential
park under Division Part (the excluded person),
the relevant park owner must not allow another
person to occupy the rented property of the
excluded person while the excluded person is
prevented from entering or remaining in the
residential park.
Penalty: Fine not exceeding 100 penalty units.
(4) A reference to another person in subsection (3),
in respect of rented property, does not include a
reference to –
(a) a resident of that rented property; or
(b) a person who resided on the rented
property immediately before the notice to
leave the residential park was given to
the excluded person.
Division 4 – Miscellaneous
61. Residents committees
(1) The residents of a residential park may elect
residents from at least 5 different occupied sites
in the park to form a residents committee to
represent the interests that they have in common
as residents of the park, on the basis that –
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Act No. of 2026
s. 61 Part 4 – Rights and Obligations of Park Owners and Residents
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(a) only a resident may be a member of the
committee; and
(b) except as provided in paragraph (c), each
resident has a right to nominate for
election to the residents committee and to
participate in the election of members of
the residents committee; and
(c) any resident who is employed or engaged
by the park owner to assist in the
management of the residential park may
not be a member of the committee.
(2) A park owner must not unreasonably interfere
with a resident’s rights under subsection (1).
Penalty: Fine not exceeding 100 penalty units.
(3) A park owner of a residential park that has at
least 5 fixed-term residential park agreements in
force must take all reasonable steps to ensure
that the park has a residents committee in
accordance with subsection (1).
Penalty: Fine not exceeding 100 penalty units.
(4) A residential park may only have one residents
committee in operation at any one time.
(5) If more than one body or committee purports to
be the residents committee for a particular
residential park, the park owner or a resident
may apply to the Tribunal to determine which
body or committee, if any, is the residents
committee for the residential park.
Residential Parks Act 2026
Act No. of 2026
Part 4 – Rights and Obligations of Park Owners and Residents s. 62
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(6) A park owner must take all reasonable steps to
enable an enclosed area within the residential
park to be used for the purposes of a meeting of
residents called by a residents committee.
Penalty: Fine not exceeding 100 penalty units.
(7) If the residents committee for a residential park
makes representations to the park owner in
relation to a matter that has been considered by
the committee, the park owner must –
(a) consider the representations made; and
(b) provide a written response to the
residents committee –
(i) as soon as practicable after, and
no later than one month after,
receiving the representations; or
(ii) within such longer period as may
be agreed between the owner and
the residents committee.
Penalty: Fine not exceeding 100 penalty units.
(8) For the purposes of subsection (7), a response is
taken to have been provided to a residents
committee if it has been provided to any member
of that committee.
62. Duty of mitigation
The rules of the law of contract about mitigation
of loss or damage on breach of a contract apply
to a breach of a residential park agreement.
Residential Parks Act 2026
Act No. of 2026
s. 63 Part 5 – Transactions Relating to Certain Agreements
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PART 5 – TRANSACTIONS RELATING TO CERTAIN
AGREEMENTS
Division 1 – Sale of residential parks
63. Residential park agreement – acquisition of park or
site
(1) This section applies if –
(a) title to all or part of the land within a
residential park is acquired from the park
owner by a person (the new owner); and
(b) the land acquired includes a site that a
person has a right to occupy under a
residential park agreement for a term
exceeding 12 months; and
(c) but for this section, the new owner’s title
would not be subject to the resident’s
interest under the residential park
agreement.
(2) Notwithstanding the provisions of the Real
Property Act 1886 and the Land Titles Act 1980,
the new owner’s title to the land is subject to the
resident’s interest under the residential park
agreement.
64. Change of park owner
If a person succeeds another person as the park
owner of a residential park, the new park owner
must, within 14 days, give written notice to the
residents of that residential park of –
Residential Parks Act 2026
Act No. of 2026
Part 5 – Transactions Relating to Certain Agreements s. 65
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(a) the full name and address for service of
documents of the new park owner; and
(b) if the new park owner is a company – the
address of the registered office of the
company; and
(c) contact details for a person who is
authorised to carry out emergency
repairs, on behalf of the new park owner,
to the rented property or common areas
of the park.
Penalty: Fine not exceeding 100 penalty units.
Division 2 – Sale of dwelling installed on site subject to
residential park agreement
65. Sale of dwelling on site
(1) A park owner must not –
(a) hinder, or attempt to hinder, the sale of a
dwelling by a resident on a site; or
(b) prevent, or attempt to prevent, the
display by a resident of a “for sale” sign
on the site for the purpose of selling the
dwelling.
Penalty: Fine not exceeding 100 penalty units.
(2) Without limiting subsection (1), a park owner is
taken to be hindering the sale of a dwelling if the
park owner prevents potential buyers from
inspecting the dwelling.
Residential Parks Act 2026
Act No. of 2026
s. 66 Part 5 – Transactions Relating to Certain Agreements
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66. Sale of dwelling following death of resident
(1) If –
(a) a resident under a residential park
agreement dies; and
(b) the personal representative of the
deceased, or a person who has inherited
property of the deceased, intends to sell a
dwelling that is on the site that is the
subject of the agreement –
the personal representative or other person must
inform the park owner, in writing, of the
intention to offer the dwelling for sale and give
the park owner a first option to purchase the
dwelling (for a market value agreed between the
personal representative or other person selling
the dwelling and the park owner).
(2) For the purposes of subsection (1), the market
value of a dwelling is a reference to –
(a) an independent valuation of the dwelling;
or
(b) the last sale price for the dwelling,
including the last price at which a
contract for sale was entered into for the
dwelling; or
(c) the value of the dwelling calculated as
prescribed.