Site agreements in residential parks
Site agreement requirements
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.
Home owners and park owners/managers must complete a Site agreement (Manufactured Homes Form 2) (PDF, 299KB) when they agree to enter into a site agreement under the Manufactured Homes (Residential Parks) Act 2003.
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, telephone, 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, telephone 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 of the site agreement by the home owner
Termination during the cooling-off period
A 28 day cooling-off period applies if a prospective home owner:
- enters into a site agreement within 7 days of receiving the disclosure documents
- is not given the disclosure documents before signing the agreement.
To terminate a site agreement under the cooling-off period, the home owner must supply you with a Termination notice - by home owner within 28 days of entering site agreement (Manufactured Homes Form 3) (PDF, 179KB).
The home owner does not have to pay any amounts under the agreement, and you must refund any money received within 14 days of the termination date, if the termination occurs during the cooling-off period.
If a home owner buys an existing home in the residential park, and terminates the site agreement during the cooling-off period, the agreement for the sale of the manufactured home ends on the day the site agreement is terminated and you regain ownership of the manufactured home.
Termination after the cooling-off period
The home owner must give notice to you 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.