Before signing a residential park agreement, make sure you understand your rights, responsibilities and all of the costs involved. Taking the time to ask questions can help you avoid surprises later.

Once signed, both you and the park owner must comply with its terms.

Before you sign an agreement, make sure any promises or special arrangements made by the park owner are included in writing.

Once the agreement is signed, the terms of the written agreement will generally determine the rights and responsibilities of both parties.

Maybe. Not all existing residents will need to sign a new agreement.

If your current agreement already complies with the requirements of the Act, you may not need a new agreement. However, if your agreement does not meet the Act's requirements, the park owner must provide a compliant replacement agreement within six months of the Act commencing.

If your agreement is reviewed under the Act, you do not lose your existing rights simply because the review takes place.

In most cases, any new or replacement agreement should be consistent with the terms and conditions of your current agreement. Changes should only be made where they are needed to comply with the Act or where you and the park owner agree to different terms.

In some circumstances, yes.

If you have lived in the park for five years or more and your agreement would otherwise need to be reviewed and reissued under the Act, you can choose to waive that right by giving written notice to the park owner in accordance with the Act. If you do this, your existing agreement can continue without being reviewed and reissued.

Similarly, if you are covered by a long-term fixed agreement and do not wish to continue under another fixed-term agreement, you may notify the park owner in writing. In that case, your agreement may continue as a periodic agreement instead.

Before deciding, you should consider whether having your agreement reviewed could provide benefits, such as bringing the agreement into line with the Act and clarifying your rights and responsibilities

The Act applies to agreements that allow a person to occupy a site in a residential park as their principal place of residence, generally for a period of 90 days or more.

If you are unsure whether your arrangement is covered, start by checking any agreement or documents you have been given and consider how the site is being used. For example, whether you live there as your main home and how long you have occupied the site may be relevant.

If there is a dispute about whether the Act applies to a particular agreement, the Director has the power to determine the issue.

If a park owner asks you to sign new documents, take the time to read them carefully before signing.

Check what the documents are for and whether they change any of your rights or responsibilities. If you are unsure about anything, ask the park owner to explain it or seek independent advice before signing.

If the documents relate to replacing an existing agreement so it complies with the Act, the new agreement should generally be consistent with your current agreement.

If you are concerned that the proposed changes are not consistent with the Act, you may wish to seek advice or assistance before signing.

Your agreement should say what your rent covers.

It should also say if you must pay separately for things like:

• electricity;
• water;
• gas;
• rubbish collection; or
• use of park facilities.

If you are not sure, ask the park owner for a written list of what is included in your rent.

If the park owner wants to increase your rent, they must give you written notice at least 60 days before the increase takes effect. The notice must tell you the new rent amount and the date the increase will start.

If you have a fixed-term agreement, the rent cannot be increased during the fixed term unless your agreement specifically allows for it.

If you think a rent increase is too high, you can apply to the Tasmanian Civil and Administrative Tribunal (TASCAT) to have the increase reviewed. You must apply within 60 days of receiving the notice of increase.

If TASCAT decides the increase is excessive, it can make an order setting the rent at a different amount.

Keep copies of:

• the rent increase notice;
• your agreement;
• earlier rent notices;
• information about park services; and
• information about repairs or facilities.

If you are concerned about a proposed increase, it is a good idea to discuss it with the park owner first.

Keep copies of:

• your complaint;
• the rent increase notice;
• emails and messages;
• notes of conversations; and
• notices given to other residents.

If a dispute is taken to the Tasmanian Civil and Administrative Tribunal (TASCAT), the Tribunal can consider whether a park owner's actions were motivated by a resident making a complaint or exercising their rights. If so, TASCAT may make orders to protect the resident.

Check what your agreement says about payment methods.

If you cannot or do not want to use direct debit, ask whether you can pay by:

• bank transfer;
• card;
• cash; or
• another agreed method.

Ask about any extra payment fee before using the method.

There are rules about how often rent can be collected.

Ask the park owner:

• why advance rent is required;
• how much you must pay;
• what period the payment covers; and
• whether the money is rent or a security deposit.

Before signing an agreement, make sure you understand how much rent is payable, when it is due, and whether any rent is expected to be paid in advance.

Ask the park owner for a copy of your rent record or rent ledger.

Compare it with:

• your bank statements;
• your receipts; and
• your payment dates.

Ask the park owner to explain each amount they say is unpaid.

Do not agree that you owe money until you understand the calculation.

If you are having trouble paying your rent, you should contact the park owner as soon as possible. Letting the park owner know early may help you work out a solution and avoid the situation becoming more serious.

Falling behind in rent does not automatically end your agreement. However, if rent remains unpaid, the park owner may be able to take action under the Act, including issuing a notice for breach of the agreement.

If you receive a notice about unpaid rent, do not ignore it. Read the notice carefully and take steps to address the issue as soon as you can.

If you are experiencing financial hardship, you may wish to seek financial counselling or other support services.

The park owner can generally ask you to pay:

• rent;
• a security deposit that meets the rules in the Act;
• charges allowed under section 26; and
• any other payment allowed by the Act or regulations.

Section 26 deals mainly with separately measured water and gas charges, bottled gas, electricity accounts and any other payments allowed by regulations.

The park owner must pay the statutory charges imposed on the rented property.

Statutory charges are charges imposed under a law. They may include some council, government or authority charges connected with the property. (for example: Rates)

The park owner cannot simply pass a statutory charge on to you unless the Act allows the resident to be charged for it.

Yes. Before or when you enter the agreement, the park owner must provide written information about:

• each charge payable under section 26; and
• services offered on a fee-for-service basis.

This information must be provided in the approved form. A short statement that “other charges may apply” may not give a resident enough information to understand what they will have to pay.

You should ask for:

• the name of each charge;
• the current amount or rate;
• how it is calculated;
• how often it is billed;
• whether it can increase; and
• whether the service is optional.

Ask the park owner to explain in writing:

1. why the charge was not disclosed;
2. which agreement term requires you to pay it;
3. which part of the Act allows the charge;
4. how it was calculated; and
5. when the park owner says the charge started.

Keep copies of the original information you received before signing.

A charge does not automatically become valid because it appears on an invoice. The park owner must still show that the charge is lawful.

Generally, no.

The Act prohibits certain payments, including:

• an entry fee;
• an exit fee;
• a management fee;
• a holding fee;
• an amenities or improvement fee, sometimes called a communal contribution fee; and
• any other fee prohibited by the regulations.

This applies even if the park owner uses a different name for the fee.

Generally, no.

A management fee is listed as a prohibited payment. The park owner would not usually be able to add a separate management fee to your account.

The park owner may take management costs into account when setting lawful rent. However, the owner cannot necessarily charge rent and then add a separate management fee on top.

A separate amenities fee or communal contribution fee is generally prohibited.

This could include a separate payment for the general provision or improvement of:

• shared gardens;
• recreation rooms;
• roads;
• paths;
• shared laundries;
• communal facilities; or
• other park amenities.

The cost of providing facilities may be reflected in lawful rent. However, the owner cannot avoid the rent rules by calling part of the occupancy cost an amenities fee.

Your agreement may require you to pay for water you use if:

• the charge is made by a regulated water and sewerage entity;
• the water is used at your rented property; and
• your water use is separately metered.

If your site is not separately metered, section 26 does not give the same clear basis for charging you according to water use.

Ask the park owner for:

• the previous reading;
• the current reading;
• photographs or records of the readings;
• the date each reading was taken;
• details of any estimated reading; and
• information about how you can have the meter checked.

Compare the readings with earlier bills.

You can also ask whether there may be:

• a leak;
• a faulty meter;
• an incorrect meter number;
• a reading error; or
• another site connected to your meter.

Put the dispute in writing and explain which part of the bill you dispute.

Your agreement may require you to pay for gas used at the rented property where the gas use is separately metered.

The charge must be based on the level of gas you use.

Ask for:

• meter readings;
• reading dates;
• the amount used;
• the rate charged;
• the billing period; and
• the calculation of the total amount.

Yes, your agreement may require you to pay for bottled gas supplied at the rented property.

The park owner should clearly explain:

• the size of the bottle;
• the number of bottles supplied;
• the refill or replacement cost;
• any delivery cost;
• any bottle rental or deposit; and
• whether the charge is for gas, equipment or another service.

Section 26 permits charges based on bottled gas consumption, but the invoice should still be clear and connected with the gas supplied to you.

The Act says a resident is not required to pay the park owner for electricity unless the park owner gives the resident a free account showing:

• how much the resident is being charged; and
• how the amount was calculated.

If the resident is charged for other related matters, the account must list each item and the amount charged for it.

The park owner should also be able to show that the electricity charge is allowed under the agreement and the Act.

Yes. A park owner may require you, or someone acting for you, to pay a security deposit to the Rental Deposit Authority (RDA) under your residential park agreement.

Your agreement should clearly state:

• whether a security deposit is required;
• the amount to be paid; and
• when it must be paid.

Yes. The security deposit may be paid by you or by someone acting on your behalf.

For example, it may be paid by:

• a family member;
• a support service;
• a government assistance program; or
• another person helping you.

The records should still clearly identify you, the park and the agreement connected with the payment.

Ask the park owner why the payment is not being made to the Rental Deposit Authority.

Under the Act, the person paying the security deposit is to pay it to the Rental Deposit Authority.

Do not assume that a receipt from the park owner means the security deposit has been properly lodged.

At the end of the agreement, the park owner may only claim amounts allowed by section 44 of the Act.

These are:

• reasonable costs for replacing keys that were supplied to you but not returned;
• reasonable costs for replacing locks that use missing keys;
• unpaid rent that has built up under the agreement; and
• reasonable costs for removing rubbish or abandoned property from the site.

The park owner cannot claim money simply because they would like to improve, renovate or prepare the site for another resident.

Yes. The park owner may claim the reasonable cost of removing rubbish from the site at the end of the agreement.

The owner should be able to provide evidence such as:

• photographs;
• a removal invoice;
• a waste disposal receipt;
• details of the items removed; and
• an explanation of how the amount was calculated.

The amount claimed must be reasonable.

If the park owner and all residents under the agreement agree, they can endorse the application.

Any party may then lodge the agreed application with the Rental Deposit Authority. The Authority will pay out the deposit in line with the endorsed application.

Check the amounts carefully before agreeing. Do not endorse a claim that you do not understand.

The dispute must be in writing.

It must include:

• a copy of the application you dispute; and
• the prescribed fee, unless the fee is waived or another arrangement applies.

Your dispute should clearly explain:

• which amount you dispute;
• why you dispute it;
• what amount you believe should be paid to each party; and
• what evidence supports your position.

Yes. You have a right to “quiet enjoyment” of your site.

This means you should be able to live in your home without unreasonable interruption or interference from:

• the park owner;
• park workers or contractors;
• other residents; or
• other people in the park.

The park owner must not interfere with your reasonable peace, comfort or privacy.

Quiet enjoyment does not mean that the park must always be silent.

It means you should be able to use your home and the common areas without unreasonable interference.

Examples of possible interference may include:

• repeated unnecessary visits by the park owner;
• excessive noise;
• threats or harassment;
• blocking access to your site;
• unreasonable surveillance;
• entering your dwelling without a lawful reason; or
• stopping you from reasonably using common areas.

Tell the park owner what is happening.

The park owner must take reasonable steps to prevent other people from interfering with your reasonable peace, comfort or privacy. This also applies to your reasonable use of common areas.

Yes. You are entitled to 24-hour access to:

• your rented property;
• the residential park;
• your site, including vehicle access; and
• common bathroom and toilet facilities.

You must also have access during reasonable hours to other common areas.

The park may use gates, locks or other security devices.

However, you must be given a key, code, card or other way to freely enter and leave the park. The park owner must also keep the lock or device working.

A security gate should not stop you from having 24-hour access.

You are entitled to reasonable access to common areas.

You have 24-hour access to common bathroom and toilet facilities. Access to other common areas must be available during reasonable hours.

A common area may sometimes be closed for a reasonable reason, such as:

• repairs;
• cleaning;
• an emergency;
• a safety risk; or
• hours that are properly set by a reasonable park rule.

The closure should not last longer than reasonably necessary.

No. The park owner can only enter your dwelling in the circumstances allowed by the Act.

These include:

• an emergency;
• urgent repairs;
• preventing a serious risk to people or property;
• a time arranged with you;
• reading a meter at a reasonable time;
• checking compliance with a legal requirement;
• entry authorised by another Act; or
• where the owner reasonably believes the dwelling has been abandoned.

The park owner can enter at a time arranged with you.

Your agreement is not required for every type of entry. For example, entry may be permitted in an emergency or where legislation authorises it. However, the owner must have a proper reason under the Act.

Ask the owner:

• why entry is needed;
• who will enter;
• when they will enter;
• how long it should take; and
• which area they need to inspect.

Yes. The park owner must not refuse access to people visiting you at a reasonable hour.

A park rule may deal with visitors, but it cannot completely remove your right to receive visitors.

Yes, if they are visiting at a reasonable hour.

What is reasonable may depend on:

• why the visitor is attending;
• how long they will stay;
• whether they make unreasonable noise;
• whether the visit affects other residents; and
• whether there is an emergency.

The fact that the park office is closed does not, by itself, remove your right to receive visitors.

Yes. The park owner may take reasonable safety and security steps.

Visitors may be required to:

• sign in and out;
• identify the resident they are visiting;
• follow parking requirements;
• observe speed limits; and
• comply with valid park rules.

A sign-in process should not be used to unreasonably delay or refuse a visitor.

The park owner cannot refuse a visitor without a lawful reason.

There may be a proper reason to act where a visitor:

• threatens someone;
• causes serious damage;
• repeatedly breaks valid park rules;
• creates a serious safety risk;
• carries out illegal activity; or
• seriously disturbs other residents.

Any action should be reasonable and based on what the person has done, not simply on the park owner’s personal dislike of them.

You may be responsible for the actions of a person who is in the park with your invitation or consent.

If the visitor does something that would breach your agreement if you had done it, you may also be treated as having breached the agreement.

Tell your visitors about important rules covering:

• noise;
• parking;
• speed limits;
• rubbish;
• pets; and
• use of common areas.

Check your residential park agreement and the park rules.

Park rules may deal with guests and visitors. However, a rule must be consistent with the Act and must not unreasonably interfere with your right to receive visitors or enjoy your home.

A repeated or long-term stay may raise a different issue from an ordinary visit, especially if the person is effectively living at the site.

Your right to receive visitors can include reasonable access for:

• carers;
• support workers;
• health workers;
• tradespeople;
• delivery workers; and
• emergency services.

Reasonable security requirements may apply, but they should not be used to stop you receiving necessary care or assistance.

The Act allows park rules to deal with pets. It does not create a general right for every resident to keep any pet in every park.

Whether you may keep a pet will depend on:

• the park rules;
• your agreement;
• when you brought the pet into the park;
• whether approval was given; and
• any other law that applies.

Park rules may only deal with matters allowed by the Act, including:

• common areas and facilities;
• noise;
• sport and recreation;
• vehicle speed limits;
• parking;
• rubbish;
• pets;
• dwelling appearance and maintenance standards;
• landscaping and site maintenance;
• visitors and guests;
• an age requirement for residents to be over 50; and
• other matters allowed by regulations.

Yes, park rules may form part of your residential park agreement.

When park rules are changed, the park owner must give residents written notice. If the owner does not follow the notification requirement, the amendment does not form part of the agreement or apply to the park.

Keep a copy of the rules that applied when you signed and every later amendment.

The change must be in writing.

If the park has a residents committee, the park owner must consult the committee and consider its views. The owner must give each resident written notice at least 14 days before the change begins.

You must keep your rented property reasonably clean.

When the agreement ends, you must return it in reasonable condition and reasonably clean, allowing for its original condition and reasonable wear and tear.

The park owner must keep:

• common areas;
• park gardens; and
• other park areas

in a reasonable state of cleanliness. The park owner must also arrange regular rubbish collection.

The park owner must try to reduce inconvenience and disruption while repairing common bathroom, toilet or laundry facilities.

Where necessary, the owner must provide temporary substitute facilities.

You need the park owner’s written consent before:

• changing or adding to the outside of your dwelling; or
• adding a structure to your site.

The park owner must not unreasonably refuse consent and must respond within 14 days.

Ask in writing and include plans, measurements and any required approvals.

If you want to end your residential park agreement, you will generally need to give the park owner written notice. The amount of notice required depends on the type of agreement and the circumstances.

Check your agreement and the Act to find out how much notice you must give before moving out. Giving the correct notice can help avoid disputes and additional costs.

Yes, but only in the circumstances allowed by the Act.

A park owner cannot end your agreement without following the correct process. In most cases, the park owner must give you a written notice that complies with the Act and states the reason for ending the agreement.

If you receive a notice and believe it is incorrect or unfair, you may be able to apply to the Tasmanian Civil and Administrative Tribunal (TASCAT).

Read the notice carefully and check the reason it has been issued and the date your agreement is due to end.

If you do not understand the notice or disagree with it, you should seek advice as soon as possible. Depending on the circumstances, you may be able to challenge the notice through Tasmanian Civil and Administrative Tribunal (TASCAT).

Do not ignore the notice, as strict timeframes may apply.

When an agreement ends, you will usually need to leave the site and remove your belongings unless other arrangements have been made.

You should ensure any outstanding rent or other amounts have been paid and provide a forwarding address if required. If you paid a security deposit, it will be dealt with in accordance with the Act.

No. A park owner cannot simply lock you out, remove your belongings or force you to leave without following the process set out in the Act.

If there is a dispute about possession of a site, the park owner may need to obtain an order from Tasmanian Civil and Administrative Tribunal (TASCAT).

Yes. If a residents committee has been established, the park owner must consult the committee before changing park rules and must consider the committee's views before making a decision.

While the park owner is not required to agree with the committee, they must give genuine consideration to its views.

No. A residents committee can represent residents and communicate with the park owner, but it cannot make decisions that legally bind individual residents.

Residents continue to hold their own rights and responsibilities under their residential park agreements and the Act.

Yes. You have the right to quiet enjoyment of your site and the residential park. This means the park owner must not unreasonably interfere with your peace, comfort, privacy or use of your site.

The park owner must also not harass, intimidate or coerce you while you are living in the park.

No. The park owner can only enter your site in circumstances allowed by the Act.

In most cases, the park owner must have a lawful reason for entering and provide the required notice before entry. Different rules may apply in emergencies.

If entry is required, it should occur at a reasonable time and in a reasonable manner.

No. You have the right to ask questions, make complaints, seek advice and exercise your rights under the Act without fear of retaliation.

A park owner must not take action against you simply because you have made a complaint, contacted a government agency or exercised your rights.

If you believe a park rule is unreasonable, you can raise your concerns with the park owner.

If the issue cannot be resolved, you may apply to the Tasmanian Civil and Administrative Tribunal (TASCAT) to review the rule. The Tribunal can declare a rule unreasonable or make orders about its operation.

Park rules must be reasonable and consistent with the Act.

You should first try to discuss the issue with the park owner if safe and appropriate to do so.

If the matter cannot be resolved, you may seek information from Consumer, Building and Occupational Services (CBOS) or apply to Tasmanian Civil and Administrative Tribunal (TASCAT).

TASCAT can make orders to resolve disputes and enforce rights and obligations under the Act.