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Part 5 – Transactions Relating to Certain Agreements s. 67
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(3) If no agreement is reached as to the sale of the
dwelling within the period of 28 days after the
park owner is informed of the intention to sell –
(a) the park owner’s option to purchase
lapses; and
(b) the dwelling may be offered for sale to
other parties.
(4) For the avoidance of doubt, nothing in this
section obliges the personal representative or
other person who has inherited property of the
deceased to sell the dwelling to the park owner.
67. Effect of Division
For the avoidance of doubt –
(a) the sale of a dwelling on a site in
accordance with this Division does not,
of itself –
(i) terminate, or otherwise affect, a
residential park agreement in
force in respect of the site; and
(ii) affect the park owner’s, or a
resident’s, rights or obligations in
respect of the site under a
residential park agreement or this
Act; and
(b) the sale of a dwelling on a site in
accordance with this Division may occur,
but is not required to occur, at the same
time as –
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(i) an action taken under this Act, or
the relevant residential park
agreement, to terminate the
agreement in respect of the site;
or
(ii) an action taken in accordance
with this Act, and the relevant
residential park agreement, to
transfer the agreement in respect
of the site to a person other than
the existing resident of the site.
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Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 68
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PART 6 – TERMINATION OF RESIDENTIAL PARK
AGREEMENTS
Division 1 – Terminations generally
68. Application of Part
This Part applies to a residential park agreement,
regardless of whether the agreement was entered
into before or after the commencement of this
Act.
69. Termination of residential park agreements
(1) A residential park agreement terminates if –
(a) the park owner and resident, jointly,
agree in writing to terminate the
agreement for any reason; or
(b) the park owner or the resident terminates
the agreement in accordance with this
Part; or
(c) the Tribunal terminates the agreement; or
(d) a person having title superior to the park
owner’s title becomes entitled to
possession of the rented property under
the order of the Tribunal or a court; or
(e) except in the case of a residential park
agreement for a fixed term – a mortgagee
takes possession of the rented property
under a mortgage; or
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(f) the resident abandons the rented
property; or
(g) the resident gives up possession of the
rented property with the park owner’s
consent; or
(h) the interest of the resident merges with
another estate or interest in the land.
(2) For the avoidance of doubt, a residential park
agreement does not terminate on the death of the
resident but may be terminated or otherwise
dealt with in accordance with this Act by the
resident’s personal representative on behalf of
the resident’s estate.
(3) For the avoidance of doubt, a notice under this
Part that terminates a periodic tenancy
agreement is not ineffectual solely on the basis
that –
(a) the period of notice is less than would,
apart from this Act, have been required at
law; or
(b) the day on which the agreement is to end
is not the last day of a period of the
tenancy.
70. Form of notice of termination
(1) A notice of termination given by a park owner to
a resident must –
(a) be in writing in the approved form; and
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(b) be signed by the park owner; and
(c) state the address of the rented property
subject to the residential park agreement;
and
(d) state the day on which the resident is
required to give vacant possession of the
rented property to the park owner; and
(e) if the residential park agreement is to be
terminated on a particular ground –
specify and give reasonable particulars of
the ground of termination; and
(f) if section 74 does not apply in respect of
the termination – specify that the
termination of the agreement may be
appealed in accordance with section 104;
and
(g) include any further information required
by the Director.
(2) A notice of termination given by a resident to a
park owner must –
(a) be in writing in the approved form; and
(b) be signed by the resident; and
(c) state the address of the rented property
that is the subject of the residential park
agreement; and
(d) state the day on which the resident
intends to give vacant possession of the
rented property to the park owner; and
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(e) if the residential park agreement is to be
terminated on a particular ground –
specify and give reasonable particulars of
the ground of termination; and
(f) if section 74 does not apply in respect of
the termination – specify that the
termination of the agreement may be
appealed in accordance with section 104;
and
(g) include any further information required
by the Director.
71. Effect of notice of termination
Except as otherwise specified in this Act, a
residential park agreement is terminated on the
day specified in the notice of termination as the
day on which the relevant resident is required to
give, or intends to give, vacant possession of the
rented property to the park owner.
72. Resident to give forwarding address if agreement
terminated
(1) This section applies in respect of a resident if the
resident’s residential park agreement –
(a) has been terminated in accordance with
this Part; or
(b) is the subject of a notice to terminate
under this Part.
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Part 6 – Termination of Residential Park Agreements s. 73
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(2) The park owner of a residential park may request
that a resident, to whom this section applies, give
the owner a forwarding address for the resident.
(3) A resident must not fail to comply with a request
of an owner under subsection (2) –
(a) within the period specified in the request;
or
(b) if the resident does not have a forwarding
address during that period, as soon as
practicable after the resident determines
the forwarding address.
Penalty: Fine not exceeding 100 penalty units.
73. Tribunal approval required for termination in
certain circumstances
(1) A park owner may only terminate a residential
park agreement in place in respect of rented
property for one of the following reasons if the
Tribunal has authorised the notice of
termination:
(a) the rented property –
(i) is required, under another Act, to
be demolished; or
(ii) is subject to an order, under
another Act, that means that the
rented property is unable to be
lawfully inhabited; or
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(b) an order is in force under section 52 in
respect of rented property or proceedings
for such an order have been commenced.
(2) This section does not apply to a notice of
termination given by the park owner to terminate
a residential park agreement for a fixed term at
the end of the fixed term.
(3) The Tribunal may authorise a notice of
termination under this section if satisfied that the
giving of the notice is reasonable in the
circumstances.
Division 2 – Termination by either party to agreement
74. Termination for breach of agreement
(1) If a party to a residential park agreement
breaches the agreement, any other party to the
agreement may give the party in breach a notice
of termination that, in addition to the
requirements specified in section 70 –
(a) specifies the breach; and
(b) informs the party in breach of the
agreement that, if the breach is not
remedied within a specified period of at
least 21 days from the date on which the
notice is given, then –
(i) if the party in breach is a resident
of the park, the resident must give
vacant possession of the rented
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property to the park owner before
the end of the next day; and
(ii) if the party in breach is the park
owner, the resident is giving
vacant possession of the rented
property to the park owner before
the end of the next day; and
(c) if the party in breach is a resident of the
park, specifying that the resident may
appeal the notice in accordance with
section 103.
(2) If notice is given under this section on the
ground of a failure to pay rent –
(a) the notice is void if the rent has remained
unpaid for a period of less than 7 days
before the notice was given; and
(b) the failure of the park owner to make a
prior formal demand for payment of the
rent does not render the notice void.
(3) If notice is given under this section in respect of
a residential park agreement that has a fixed
term, the notice is not void solely on the basis
that the day specified as the day on which the
resident is to give up vacant possession of the
rented property is earlier than the last day of that
term.
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75. Termination if successive breaches of agreement
(1) A party to a residential park agreement may
terminate the agreement by giving each other
party to the agreement a notice of termination if
the party terminating the agreement is satisfied
that the other party –
(a) has breached a term of the agreement;
and
(b) had committed breaches of the same term
of the agreement on at least 2 previous
occasions and been given separate notice
under section 74 in respect of each of
those breaches.
(2) A notice given under this section by a party to a
residential park agreement must specify the
period within which the relevant rented property
is to be vacated, being a period of –
(a) if the party is a resident – at least 14
days; and
(b) if the party is a park owner – at least 21
days.
(3) A notice may not be given under this section on
the grounds of a failure of a resident to pay rent
if the rent to which the notice relates has
remained unpaid in breach of the agreement for
less than 7 days when the notice is given.
(4) A notice given under this section on the grounds
of a failure of a resident to pay rent is not invalid
solely on the basis that the park owner has failed
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to make a formal demand for the payment of the
rent.
76. Termination at end of fixed term
(1) A party to a residential park agreement may, by
notice of termination given to each other party to
the agreement, terminate the agreement, without
specifying a ground for the termination, if –
(a) the agreement is for a fixed term; and
(b) the notice is given to the other parties at
least 60 days before the fixed term of the
agreement is to expire.
(2) Despite subsection (1), a park owner may not
terminate a residential park agreement under this
section if the agreement is 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.
77. Termination when agreement frustrated
(1) A party to a residential park agreement may, by
notice of termination to each other party to the
agreement, terminate the agreement if, otherwise
than as a result of a breach of the agreement, the
rented property or a substantial portion of the
rented property –
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(a) has been destroyed or rendered
uninhabitable; or
(b) has ceased to be lawfully usable for
residential purposes; or
(c) has been acquired by compulsory
process.
(2) A notice given under this section by a resident
may terminate the relevant residential park
agreement immediately.
(3) If a notice is given under subsection (1)(a) or (b)
by a park owner, the residential park agreement
to which the notice relates is terminated –
(a) immediately on the giving of the notice;
or
(b) at such later day as is specified in the
notice.
(4) If a notice is given under subsection (1)(c) by a
park owner, the residential park agreement to
which the notice relates is terminated on the day
specified in the notice, being a day that is at least
180 days after the notice is given to the relevant
resident.
Division 3 – Termination by park owner
78. Termination due to serious misconduct by resident
(1) A park owner may, by notice of termination
given to a resident, terminate a residential park
agreement on the ground that the resident, or a
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person permitted on the rented property with the
consent of the resident, has intentionally or
recklessly caused or permitted, or is likely to
cause or permit –
(a) personal injury to –
(i) the park owner or an employee,
or contractor, of the park owner
working at the residential park; or
(ii) serious damage to the rented
property or other property in the
residential park; or
(b) serious 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.
(2) A notice given under this section may terminate
the agreement immediately.
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79. Termination of periodic tenancy agreement due to
sale of rented property
(1) A park owner may, by notice of termination
given to the resident, terminate a periodic
tenancy agreement on the grounds that the park
owner –
(a) has entered into a contract for the sale of
the rented property under the agreement;
and
(b) is required under the contract to give
vacant possession of the rented property.
(2) A notice given by a park owner under this
section must specify the period within which the
resident must vacate the relevant rented
property, being a period of at least 180 days.
(3) A person must not falsely state the ground of
termination in a notice of termination given, or
purportedly given, under this section.
Penalty: Fine not exceeding 200 penalty units.
(4) A park owner who recovers possession of rented
property under this section must not, without the
consent of the Tribunal, enter into a residential
park agreement with any person in relation to the
same rented property within 6 months after
recovering possession.
Penalty: Fine not exceeding 200 penalty units.
Residential Parks Act 2026
Act No. of 2026
Part 6 – Termination of Residential Park Agreements s. 80
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80. Termination due to change of use or redevelopment
(1) A park owner may, by notice of termination
given to the resident, terminate a residential park
agreement on the ground that –
(a) the residential park is no longer to be
used as a residential park; or
(b) the residential park, or a part of the
residential park, is undergoing
redevelopment that cannot be completed
in a safe and efficient way unless the
resident vacates the residential park site.
(2) For the avoidance of doubt, the fact that a
residential park is being sold or otherwise
transferred to new ownership does not, of itself,
constitute grounds for termination of an
agreement under subsection (1).
(3) A park owner may not exercise the right to
terminate an agreement on a ground specified in
subsection (1) unless the park owner has first
offered the resident –
(a) a residential park agreement for a site –
(i) in the same residential park; or
(ii) in another residential park owned
by the same owner –
to be entered into in substitution for the
residential park agreement that is being
terminated and an agreement to relocate
the resident to that site at the expense of
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the park owner (and the proposed new
residential park agreement must
constitute a reasonable offer in the
circumstances); or
(b) an agreement for the purchase, by the
park owner, of a dwelling owned by the
resident on termination of the residential
park agreement; or
(c) an agreement for the relocation, at the
expense of the park owner, of a dwelling
owned by the resident on termination of
the residential park agreement –
and the resident has accepted that offer.
(4) The resident must not unreasonably refuse an
offer made by a park owner in accordance with
subsection (3).
(5) If the resident and park owner are not able to
reach an agreement in relation to an offer made
by the park owner in accordance with
subsection (3), the park owner or resident may
apply to the Tribunal for resolution of the
dispute.
(6) Subject to any order of the Tribunal or any
agreement between the park owner and the
resident to the contrary, the period of a notice,
made under subsection (1), must be at least
180 days.
(7) A park owner may, by notice in writing, agree to
waive the right to terminate a residential park
site under subsection (1) (and in such a case this