South Australian Consolidated Acts

RESIDENTIAL PARKS ACT 2007 - SECT 49

49—Residential park site 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 land on which a person has installed a dwelling under a residential park site 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 site agreement.

        (2)         Notwithstanding the provisions of the Real Property Act 1886 , the new owner's title to the land is subject to the resident's interest under the residential park site agreement.

        (3)         The new owner may, however, by notice of termination given to the resident, terminate the residential park site agreement without specifying a ground of termination.

        (4)         A notice of termination by the new owner must—

            (a)         be given to the resident within 14 days after the date of the new owner's acquisition of title to the land; and

            (b)         subject to subsection (5), specify the day on which the agreement is terminated which must not be earlier than whichever is the earlier of—

                  (i)         the end of the term of the agreement as fixed by the agreement; and

                  (ii)         12 months from the date of the new owner's acquisition of title to the land.

        (5)         In the case of a residential park site agreement under which a permanently fixed dwelling is located on the site, a notice of termination under this section must not specify a day on which the agreement is terminated that is earlier than the end of the term of the agreement as fixed by the agreement.

        (6)         If the new owner gives notice of termination to the resident under this section, the resident is not necessarily bound by the residential park site agreement until it terminates as a result of that notice, but may, by notice of termination given to the new owner, terminate the agreement without specifying a ground of termination.

        (7)         The period of the resident's notice to the new owner must be at least 28 days.

        (8)         A notice under this section must comply with the requirements of Part 9 Division 5 as to the form of a notice of termination and, in the case of a notice given by the new owner, include any further information required by the Commissioner.

        (9)         A notice terminating a residential park site agreement under this section is not ineffectual because the day on which the agreement is to end is not the last day of the term of the agreement as fixed by the agreement.