1. Read the Residential Parks Act 2026
2. Read the 'Operating a residential park - A guide for owners and operators'
3. Review your current residential park agreements
4. Review your existing park rules
5. Review the notices and forms you currently use
6. Review your day-to-day business practices, including rent review, maintenance and record keeping
7. Identify any changes needed to ensure your park complies with the Act.

Not necessarily. The Act contains transitional arrangements for certain existing agreements. However, you should review your current arrangements and understand whether any changes are required once the Act commences.

The Residential Parks Act 2026 is intended to regulate arrangements where a resident owns their dwelling and leases a site within a residential park from the park owner. The Act applies where the site is, or is to be, the resident's principal place of residence and the resident has, or will have, a right to occupy the site for 90 days or more. It does not generally apply to conventional rental arrangements where a person rents both the dwelling and the land from the park owner, as those arrangements may be covered by the residential tenancy framework

No. However, you should have a good understanding of the parts that affect the way you operate your park, including agreements, rent, park rules, maintenance, notices and dispute resolution.

Explain that the Act introduces a framework for residential parks in Tasmania and sets out rights and responsibilities for both residents and operators. Encourage residents to read the information available and raise any questions they may have.

Yes. Reviewing how you manage agreements, rent, maintenance requests, notices, complaints and record-keeping practices can help ensure your park operates in accordance with the Act. Forms, templates and other supporting documents are available to assist you in implementing the Act.

The Act does not require you to obtain legal advice, but you may choose to do so if you are unsure about your obligations.

Not necessarily. The Act applies to all residential park agreements, regardless of whether they were entered into before or after commencement.

Existing agreements are not required to immediately comply with the form requirements in section 14. However, if an existing agreement does not comply with section 14, the park owner must prepare a replacement agreement that complies with those requirements within 6 months of commencement.

The replacement agreement should generally be consistent with the terms and conditions of the existing agreement, except where changes are required to comply with the Act or where different terms are agreed between the park owner and resident.

You should review these arrangements as soon as possible. The Act requires residential park agreements to be in writing and contains provisions relating to existing arrangements that transition into the new framework.

Existing residents are not required to move sites simply because the Act commences. Any changes to occupation arrangements must be managed in accordance with the Act.

The outcome will depend on the resident's existing arrangement and the requirements of the Act. Operators should seek to discuss the changes with residents and explain why any new documentation is required.

Yes, provided any changes comply with the Act and any applicable transitional requirements. Reviewing older agreements may help ensure they reflect current legal requirements.

The Act applies to all residential park agreements, including agreements that were in place before the Act started.

If a term in an existing agreement is different from, or conflicts with, the Act, the Act takes priority. This means the term in the agreement may not be enforceable.

It is good practice to review all existing agreements to determine whether any action is required under the transitional provisions of the Act.

Not necessarily. However, any agreement you use must comply with the requirements of the Act. The model residential park agreement can help park owners ensure they are including the required information.

You should review your agreement to ensure it complies with the Act. Existing agreements may need to be reviewed or reissued depending on the transitional provisions that apply.

A residential park agreement should clearly set out the key terms of the arrangement, including who the agreement is between, the site being occupied, the rent payable, each party's rights and responsibilities, any park rules, and how the agreement can be ended.

The agreement must include all information required by sections 14 and 15 of the Act.

In addition, section 16 requires park owners to provide prospective residents with certain information generally before they enter into a residential park agreement. This helps residents understand the costs, rules and other important matters relating to living in the park before they decide whether to enter into the agreement.

Yes, provided the additional terms are consistent with the Act and do not remove or reduce rights provided under the Act.

Yes. The Act contains provisions relating to the transfer of residential park agreements.

If a resident sells their dwelling, the sale does not automatically transfer the residential park agreement to the buyer.

A prospective purchaser who wishes to keep the dwelling on the site will need to enter into a residential park agreement with the park owner

Under the Act, a resident may ask to transfer their residential park agreement to another person, and a park owner must not unreasonably refuse that request. The park owner must respond to the request within 14 days.

If a park owner refuses a transfer request, the resident may apply to the Tasmanian Civil and Administrative Tribunal (TASCAT). If the Tribunal finds there were no reasonable grounds for the refusal, it may order the agreement to be transferred.

Park owners cannot charge a fee or require payment as a condition of approving the transfer of an agreement.

Generally, no. Once a residential park agreement has been signed, both the park owner and resident must follow its terms.

Even if both parties agree to a change, it must comply with the Act. A term that is inconsistent with the Act has no effect.

Yes. A resident who owns their dwelling has the right to sell it while it remains in place on the site. You cannot prevent, hinder or obstruct that sale. This includes preventing potential buyers from inspecting the dwelling. The Act specifically treats that as hindering a sale, which is an offence carrying a fine of up to 100 penalty units.

You also cannot prohibit a resident from displaying a "for sale" sign on the site.

Yes. Before offering the dwelling to the market, the resident must notify you in writing of their intention to sell and give you a first option to purchase at market value. Market value is determined by reference to an independent valuation, the last sale price, or a value calculated as prescribed.

You have 14 days from receiving that written notice to reach agreement with the resident on the purchase. If no agreement is reached within that period, your option lapses and the resident may offer the dwelling to other buyers.

The same first-option obligation applies, but the period is longer. The personal representative or other person selling the dwelling must notify you in writing and give you a first option to purchase at market value. If no agreement is reached within 28 days of that notice, your option lapses and the dwelling may be offered to the market.

No. The Act prohibits requiring the resident or the proposed new resident to pay any amount to you as consideration for a transfer of the agreement. Any agreement term that purports to require such a payment is void.

You must allow inspections. Preventing potential buyers from inspecting the dwelling is explicitly treated as hindering the sale and is an offence. If you have legitimate safety or security concerns about a particular person entering the park, manage those through your normal entry procedures, but you cannot use those procedures as a way of obstructing a genuine sale.

No. Existing park rules do not need to be replaced automatically. However, park owners should review them to ensure they comply with the Act, as inconsistent rules cannot be enforced.

Yes. Park owners may create park rules, provided they relate to matters permitted by the Act and are reasonable and consistent with the Act. Inconsistent rules cannot be enforced.

Good park rules are clear, reasonable, fair and consistent with the Act. They should help maintain safety, amenity and harmony within the park without placing unnecessary restrictions on residents.

No. Park owners can change park rules, but they must follow the requirements of the Act, including consulting any residents committee and giving residents at least 14 days' written notice before the changes take effect. Any changes must also be reasonable and consistent with the Act.

Yes. Park owners must give residents at least 14 days' written notice of any changes to park rules before those changes take effect. If there is a residents committee, it must also be consulted before the rules are amended.

No. A new or amended park rule cannot take effect immediately. Residents must be given at least 14 days' written notice before the change takes effect.

Yes. Park owners may use the model park rules prescribed under the Act. They can be adopted as drafted or adapted to suit the park, provided the rules remain consistent with the Act.

Residents do not have to agree with a proposed rule change for it to be made. However, where there is a residents committee, it must be consulted before changes are made. If residents consider a rule unreasonable, they may apply to Tasmanian Civil and Administrative Tribunal (TASCAT) for a review.

Generally, no. Park rules are intended to apply to all residents of the residential park and should be applied fairly and consistently.

A park owner cannot create or enforce rules that are inconsistent with the Act, nor can they use park rules to unfairly favour or disadvantage particular residents. Any rule must be reasonable and relate to matters permitted under the Act.

Yes. If you introduce new park rules or change existing ones, you must give residents written notice of the changes at least 14 days before they take effect. Once the changes take effect, the amended rules form part of the residential park agreement.

If your park has a residents committee, you must also consult the committee and consider its views before making the changes.

Providing residents with a copy of the new or updated rules will help ensure they understand their rights and responsibilities and reduce the risk of disputes.

No. Park rules should be in writing and provided to residents. A rule that has not been properly documented and communicated may be difficult to enforce.

Not necessarily. You should review your current rent arrangements to make sure they comply with the Act. If they already comply, no changes may be needed. If they do not, they will need to be updated.

Yes, but only in accordance with the Act.

A park owner may increase rent if:

• the increase is allowed under the residential park agreement
• at least 12 months have passed since the agreement started or since the last rent increase
• the resident is given at least 60 days' written notice of the increase.

If the agreement is for a fixed term, rent cannot be increased during that term unless the agreement specifically allows for it.

Residents can apply to Tasmanian Civil and Administrative Tribunal (TASCAT) if they believe a rent increase is excessive.

Tell residents when rent reviews may occur, how much notice they will receive, and their rights under the Act. In most cases, rent can only be increased once every 12 months and residents must be given at least 60 days' written notice of any increase.

Yes, but only in limited circumstances.

The Act allows residents to be charged for certain services, such as water or gas usage, where permitted by the Act and the residential park agreement. In some cases, charges can only be passed on if the service is separately metered.

Park owners must also provide residents with information about any charges payable under the agreement and any services provided on a fee-for-service basis before, or when, the agreement is entered into. This information is provided to the resident in the disclosure pack.

The Act prohibits park owners from charging fees that are not authorised by the Act. For example, park owners cannot charge entry fees, exit fees, management fees or communal contribution fees as a condition of entering into, renewing, transferring or extending an agreement.

Before charging residents for a service or facility, park owners should ensure the charge is permitted by the Act and clearly disclosed to residents.

Yes. A park owner may require a security deposit, but it cannot exceed four weeks' rent. Special rules apply to some existing long-term residents.

Security deposits are paid by the resident, or someone acting on the resident's behalf, to the Rental Deposit Authority. The deposit must not be retained by the park owner.

Park owners are generally responsible for maintaining sites, common areas and services provided under the agreement, while residents are responsible for keeping their site clean and reporting damage or repair issues. Check your agreement and the Act if you are unsure who is responsible for a particular maintenance issue.

Respond to repair requests promptly, assess who is responsible, and arrange repairs within a reasonable time if they are your responsibility. Keeping records and communicating with the resident can help prevent disputes.

Yes. While the Act does not specifically require repair requests to be recorded, keeping accurate records is a good way to manage maintenance issues and demonstrate compliance with your obligations under the Act.

Residents are responsible for damage they intentionally or negligently cause to their site, dwelling, or the common areas of the park. They are also responsible for damage caused by people they allow into the park, such as family members or guests.

If there is a dispute about who caused the damage or who should pay for repairs, the matter may be referred to the Tasmanian Civil and Administrative Tribunal (TASCAT) for determination.

A residential park agreement can only be ended in the ways set out in the Act. This may include termination by agreement between the parties, by a notice of termination, by an order of the Tasmanian Civil and Administrative Tribunal (TASCAT), or in other circumstances specified in the Act. Park owners should ensure they follow the correct process before seeking possession of a site.

No. In most cases, a park owner must give a valid notice of termination that complies with the Act before an agreement can end. The notice must be in the approved form and include required information such as the reason for termination (where applicable) and the date the resident must vacate.

There are limited exceptions, such as serious misconduct or a notice to leave following a serious act of violence, where different processes may apply.

A park owner cannot simply remove a resident or take possession of a site themselves. If a resident remains after the agreement has ended, the park owner may apply to the Tasmanian Civil and Administrative Tribunal (TASCAT) for an order for possession. Only possession obtained in accordance with the Act or a Tribunal order is lawful.

Unlawfully restricting a resident's access to the park or site may breach the Act.

Generally, yes. A fixed-term agreement may be ended at the end of the fixed term by giving at least 60 days' notice before the term expires. However, special protections apply to long-term residents and some fixed-term agreements. In certain circumstances, a fixed-term agreement may continue or be reissued under the Act rather than ending automatically.

Park owners should check the Act's requirements before issuing a notice to terminate a fixed-term agreement.

When a resident leaves, you should inspect the site, confirm whether any rent or other amounts remain outstanding, and deal with any security deposit in accordance with the Act. You should also keep records of the condition of the site and any communication with the resident.

If property is left behind, park owners must follow the Act's requirements for dealing with abandoned property. Different rules apply depending on the type and value of the property left on the site.

Before, or when, a residential park agreement is entered into, park owners must provide prospective residents with a range of information required by the Act. This information helps residents understand the costs, rules, rights and responsibilities associated with living in the park.

Important information should be provided in writing wherever possible. This includes notices, rule changes, rent increase notices and other information required under the Act.

Written communication helps ensure residents receive clear and consistent information and provides a record of what was communicated and when.

Resident concerns should be acknowledged and addressed promptly. Listening to concerns, keeping records of discussions and responding respectfully can often prevent issues from escalating into disputes.

Where a concern relates to rights or obligations under the Act, park owners should provide accurate information and seek advice if they are unsure about their responsibilities.

Yes. The Act requires residents to be notified about certain changes, such as amendments to park rules, changes to contact details, and rent increases.

Even where the Act does not specifically require notification, keeping residents informed about changes that affect them is good practice and helps maintain positive relationships within the park.

Not necessarily. Clear agreements and open communication can reduce misunderstandings.

TASCAT can hear and determine disputes arising under a residential park agreement or the Residential Parks Act 2026. This may include disputes about agreement transfers, rent increases, park rules, maintenance responsibilities, termination notices, security deposits and other matters relating to the rights and obligations of park owners and residents.

A park owner or resident may apply to TASCAT where a dispute cannot be resolved between the parties.

Yes. TASCAT has broad powers to resolve residential park disputes. Depending on the circumstances, it can make orders requiring a party to comply with the Act or an agreement, order compensation, determine disputes about security deposits, resolve transfer disputes, terminate or reinstate an agreement, and make other orders necessary to resolve a dispute.

TASCAT may also declare a park rule unreasonable or vary an unfair or unconscionable term of a residential park agreement.

Park owners should keep accurate and up-to-date records relating to the operation of the residential park. This includes residential park agreements, notices, rent records, security deposit information, maintenance requests, repair records, correspondence with residents, and any complaints or disputes. Keeping good records can help demonstrate compliance with the Act and assist in resolving disputes.

Yes. The Act requires park owners to keep proper records of all rent received under residential park agreements. If rent is paid directly to the park owner, a receipt must generally be provided within 48 hours and include specified information such as the amount paid, the date received and the period covered by the payment.

Yes. Keeping records of maintenance requests, inspections, repairs and communications with residents is good practice. These records can help demonstrate that maintenance issues were addressed appropriately and that the park owner acted with reasonable diligence once aware of a repair issue.