Park operators can only ask for money relating to rent and a bond at the start of a tenancy. There are no other upfront fees, apart from a refundable option fee, that can be charged prior to the tenancy.
Rent
In the first two weeks of a tenancy, a park operator can collect up to two weeks' rent in advance.
Paid through direct deposit
Rent payments deposited directly into a financial institution do not need a receipt from the park operator.
Paid to the park operator
Park operators must provide the tenant with a receipt within three (3) working days for any bond or rent in advance payments.
The receipt should state:
- The date the money was paid.
- The total amount paid.
- The period for which the amount is paid.
- The amount of the pet bond (if applicable).
- The name of the long-stay tenant; and
- The details of the site e.g. name and address.
Park fees
A residential park long-stay tenant can be charged fees other than rent or a bond if the fees are:
- permitted under the Residential Parks Act and regulations and
- set out in the long-stay agreement.
Fees allowed under law
The park operator is allowed to charge fees for:
- reserving interest in a home – called an ‘option fee’. This payment shows a person genuinely intends on entering into a rental agreement with the park operator. It must be refunded or put towards rent once the tenancy begins
- visitors – carers and support services are exempt from this fee
- utility consumption for separately metered services - water, electricity, gas and telephone
- internet access – to cover expenses for providing internet service to the residential park
- gardening, storage, cleaning of gutters on the tenant’s relocatable home, and servicing of the air conditioner
- additional parking spaces provided to the tenant
- security devices including replacement keys, remote control entry device or other security device, if required
An exit fee may be charged at the end of the tenancy if the long-stay agreement has a voluntary sharing arrangement. The arrangement must also be on Form RP2B – Voluntary sharing arrangement information which shows how the ext fee applies and some examples.
The regulations include a full list of additional fees permitted.
These fees can only be charged if they are specified in the long-stay agreement.
Cooling-off periods
Cooling-off period applies if the long-stay tenant has a site-only agreement and has not moved in.
A tenant can withdraw from the agreement:
- within five days if the disclosure documents were provided beforehand
- within 10 days after receiving the documents if they were not provided
- at any time if the park operator has not provided the disclosure documents.
Bonds
Security bonds are limited to the value of four weeks' rent.
Pet bonds
An additional pet bond of up to $260 can be charged for keeping a pet capable of carrying parasites that can affect humans. This bond can be claimed for fumigation costs.
Pet bonds do not apply to assistance dogs.
Bond receipt
A park operator must give the tenant a receipt showing the:
- amount paid
- date on which it is paid
- amount of the pet bond (if paid)
- tenant's name
- details of the home the bond relates to.
More information is available from Bonds receipts and records.
Lodging the bond
The bond must be lodged with Bonds Administration within 14 days of receiving the payment from the tenant. The bond money cannot stay in the park operator's bank account.
Forms and more information are available from Lodging a bond page.
Changing a bond
A bond will need a change when:
- an owner or landlord changes
- a co-tenant moves in or out
- a bond top up is needed due to a rent increase.
Forms and more information are available from Changing a bond page.
Releasing a bond
An application to release a bond can be completed by the landlord or the tenant when the tenancy ends. The quickest way to get the bond back is for everyone to agree on how it should be paid out.
Forms and more information are available from Releasing a bond page.
Disputing a bond release
There are three options in handling bond disputes:
- Try to negotiate between yourselves. Submit a new bond release application when everyone agrees and signs it.
- Get help from Consumer Protection. The tenant will need to apply to start the conciliation process.
- Go to the State Administrative Tribunal. Either the landlord or tenant can apply.
More information about the SAT process is available from the SAT page Residential Parks, Caravan Park and Camping Grounds.