Site agreements in residential parks

A site agreement is an agreement between a residential park owner and a home owner that allows a home owner to rent a particular site (land) in a residential park to position their manufactured home. The agreement also gives the home owner non-exclusive use of the park's common areas and communal facilities.

Site agreement requirements

As the park owner, you must provide a site agreement to prospective buyers. The site agreement should include:

• names and contact details for both you and the home owner
• your Australian Business Number or Australian Company Number
• the residential park name and address, location of the site (land) within the park where the manufactured home will be located and its size
• the number of people allowed to live in the manufactured home at the site
• the start date for the site agreement
• details about site rent including how often it will be paid, how to pay, how many people are covered by the rent, and how and when rent may increase
• costs for utilities and services, i.e. electricity, gas, water, phone, mowing/gardening and other services that are specific to the park
• whether pets are allowed and conditions around keeping pets on site
• standard terms and any special terms of the agreement
• responsibilities for both you and the home owners
• park rules for the residential park
• terms of any Queensland Civil and Administrative Tribunal (QCAT) order that may be in force about the agreement.

The site agreement must:

• be written clearly, ensuring all details are correct
• clearly identify the site where the manufactured home is or will be positioned
• state each party's name, address, phone number and email address
• state the site rent and other charges payable under the agreement, and when and how the home owner will pay them
• state how and when you, as the park owner, can vary the site rent
• state the maximum number of people who can live on the site
• be signed by all parties.

Special terms in the site agreement

The site agreement might also include special terms which have been agreed to by both you and the home owner, such as who is responsible for maintaining the site land, fencing or trees.

While the agreement is in force, the parties can vary the special terms if both parties agree to the change in writing, and sign. If not written and signed, the variations are void and do not become part of the agreement.

Either party to a site agreement may make an application to QCAT for an order about a proposed change.

Particular types of special terms are prohibited in site agreements. These terms can be found in the Manufactured Homes (Residential Parks) Regulation 2017.

It is an offence for a park owner to include a prohibited special term in a site agreement.

Terminating a site agreement

A site agreement can be terminated only by:

• mutual agreement
• the home owner
• QCAT on application by the park owner.

Terminating a site agreement by mutual agreement

Mutual agreement is where both the home owner and the park owner (or manager) agree to terminate the site agreement.

A Termination notice – by mutual agreement (Manufactured Homes Form 4) (PDF, 185KB) must be completed by both parties.

It is illegal for a park owner to intimidate or attempt to intimidate a home owner into terminating a site agreement.

If you and the home owner mutually agree to terminate the site agreement, the home owner must give you vacant possession of the site. You are not required to pay moving costs.

A park owner is not allowed to enter into a mutual termination agreement before or on the same day as they enter into a site agreement with a manufactured home owner.

Termination by the home owner/buyer

Termination during the cooling-off period

If the buyer has received the full disclosure period, they have a cooling-off period of 7 days to give the relevant termination form to the park owner.

If the park owner has not met the disclosure requirements or the buyer has waived the full disclosure period, the buyer has a cooling-off period 28 days to give the relevant termination form to the park owner.

Prospective home owners entering a new site agreement with a park owner

If the home owner/seller and prospective home owner/buyer have entered into a new site agreement, the buyer may terminate the agreement within the cooling-off period by giving the seller and park owner the signed Form 3A – Termination for site agreement—by home owner in cooling-off period (PDF, 106KB).

The form must state the day that the termination will take effect, which must be within 28 days after giving notice.

The home owner must refund any amount they have received from the buyer under the agreement within 14 days after the termination day.

Prospective home owners assigning their existing site agreement to another buyer

After the disclosure period, if the home owner/seller and prospective home owner/buyer have entered into an assignment agreement to transfer the existing site agreement, and the park owner has consented to the assignment, the buyer may terminate the assignment agreement within the cooling-off period by giving the park owner a signed Form 3B – Termination notice of assignment agreement – by home owner in cooling-off period (PDF, 159KB).

If the prospective home owner/buyer terminates the assignment agreement during the cooling-off period, the form of assignment of the home owner interest is considered revoked. They are not required to pay the home owner any amount otherwise payable under the agreement.

If the prospective home owner has received the full disclosure period, they have 7 days to give the form to the park owner.

If the park owner has not met the disclosure requirements or the prospective home owner has waived the full disclosure period, the home owner has 28 days to give the form to the park owner.

Termination after the cooling-off period

The home owner must give notice to the park owner by completing a Termination notice – by home owner (Manufactured Homes Form 5) (PDF, 155KB).

Termination by the park owner

You can apply to QCAT to terminate a site agreement on the grounds that:

• the home owner broke a term of the site agreement and did not fix the problem within 28 days of being given a Notice to remedy breach (Manufactured Homes Form 6) (PDF, 154KB)
• the home owner assaulted a person in the residential park
• the home owner wilfully destroyed the property of others in the park
• the home owner is using the site other than as a place of residence
• the home owner, or their tenant or guest, repeatedly interferes with the quiet enjoyment of the park and does not comply with a Notice to remedy breach (Manufactured Homes Form 6)
• you wish to use all or part of the park land for another purpose. In this case, you must give QCAT a document certified by the local government authority that the park land can be used for the stated purpose. You will be required to pay the home owner compensation.

As a site agreement is a contractual agreement, it is recommended that the parties seek legal advice before ending the agreement.

When the park owner has to pay compensation

If you request to terminate a site agreement because you wish to use the residential park land for another purpose, you may apply to QCAT for a termination order.

In making a termination order, QCAT will order you to pay the home owner compensation and will take into account the estimated costs of removing the home from the site, including the costs of:

• dismantling the home
• moving the home owner's personal belongings to their new home
• anything else QCAT considers relevant.

When deciding the termination order, QCAT may postpone the termination date for up to 1 year after the day of the termination order.

With the home owner's consent, QCAT may also order you to make a comparable site within the park available to the home owner for the positioning of their manufactured home, if a comparable site is available.